Section 420-B. Nonprofit organizations; permissive class  


Latest version.
  • 1.  (a) Real
      property owned by  a  corporation  or  association  which  is  organized
      exclusively  for bible, tract, benevolent, missionary, infirmary, public
      playground, scientific,  literary,  bar  association,  medical  society,
      library,  patriotic  or historical purposes, for the development of good
      sportsmanship for persons under the age of eighteen  years  through  the
      conduct  of  supervised  athletic  games,  for  the  enforcement of laws
      relating to children or animals, or for two or more such  purposes,  and
      used exclusively for carrying out thereupon one or more of such purposes
      either  by  the  owning  corporation  or association, or by another such
      corporation or association as hereinafter provided, shall be exempt from
      taxation; provided, however, that such property shall be taxable by  any
      municipal  corporation within which it is located if the governing board
      of such municipal corporation, after public hearing, adopts a local law,
      ordinance or resolution so providing. None of the following subdivisions
      of this section providing that certain properties shall be exempt  under
      circumstances  or conditions set forth in such subdivisions shall exempt
      such property from taxation by a municipal corporation  whose  governing
      board  has  adopted  a local law, ordinance or resolution providing that
      such property shall be taxable pursuant to this subdivision.
        (b) No local law, ordinance or resolution  adopted  pursuant  to  this
      subdivision shall provide for the taxation of any particular property or
      owner.  Any such local law, ordinance or resolution shall apply alike to
      all property owned by any corporation or association organized  for  one
      or  more  of  the  purposes  specified  in  such local law, ordinance or
      resolution, and used for carrying out thereupon  one  or  more  of  such
      purposes.  Any  purpose  so  specified  in  the  local law, ordinance or
      resolution must be one of the purposes listed in paragraph (a)  of  this
      subdivision,  but  the purposes so specified in the local law, ordinance
      or  resolution  need  not  include  all  the  purposes  listed  in  said
      paragraph.  Any  local  law, ordinance or resolution adopted pursuant to
      this subdivision may be amended or repealed.
        (c)  Real  property  such  as  specified  in  paragraph  (a)  of  this
      subdivision  shall  not  be exempt if any officer, member or employee of
      the owning corporation or association shall receive any pecuniary profit
      from the operations thereof, except reasonable compensation for services
      in effecting one or more of such purposes, or as proper beneficiaries of
      its strictly charitable purposes; or if the organization thereof for any
      such avowed purposes be a guise or pretense for directly  or  indirectly
      making any other pecuniary profit for such corporation or association or
      for  any  of  its  members  or  employees; or if it be not in good faith
      organized exclusively for one or more of such purposes.
        2. If any portion of such real property is not so used exclusively  to
      carry  out  thereupon  one or more of the purposes listed in subdivision
      one of this section, but is (a) leased or (b) otherwise used  for  other
      purposes,  such  portion  shall be subject to taxation and the remaining
      portion only shall be exempt; provided, however, that such real property
      shall be fully exempt from taxation although it or a portion thereof  is
      used  (a)  for  purposes  which  are  exempt pursuant to this section or
      sections four hundred twenty-a, four hundred  twenty-two,  four  hundred
      twenty-four,  four  hundred  twenty-six, four hundred twenty-eight, four
      hundred thirty  or  four  hundred  fifty  of  this  article  by  another
      corporation  which  owns  real property exempt from taxation pursuant to
      such sections or whose real property if it owned  any  would  be  exempt
      from  taxation  pursuant  to  such  sections, (b) for purposes which are
      exempt pursuant to section four hundred  six  or  section  four  hundred
      eight  of  this chapter by a corporation which owns real property exempt
      from taxation pursuant to such  section,  (c)  for  purposes  which  are
    
      exempt  pursuant  to  section four hundred sixteen of this chapter by an
      organization which owns real property exempt from taxation  pursuant  to
      such section or whose real property if it owned any would be exempt from
      taxation  pursuant to such section or (d) for purposes relating to civil
      defense pursuant to the New York state defense emergency act,  including
      but  not  limited  to  activities in preparation for anticipated attack,
      during attack, or following attack  or  false  warning  thereof,  or  in
      connection  with  drill  or  test  ordered  or directed by civil defense
      authorities; and provided further  that  such  real  property  shall  be
      exempt  from  taxation  only  so long as it or a portion thereof, as the
      case may be, is devoted to such exempt  purposes  and  so  long  as  any
      moneys  paid  for  such  use  do  not  exceed  the  amount  of carrying,
      maintenance and depreciation charges of the property or portion thereof,
      as the case may be.
        3. Such real property from which no revenue is derived shall be exempt
      though not in actual use therefor by reason of the absence  of  suitable
      buildings  or  improvements  thereon  if  (a)  the  construction of such
      buildings  or  improvements  is  in  progress  or  is  in   good   faith
      contemplated  by  such  corporation  or  association  or  (b)  such real
      property is held by such corporation or association upon condition  that
      the  title  thereto  shall  revert in case any building not intended and
      suitable for one or more of such purposes shall  be  erected  upon  such
      premises or some part thereof.
        4.  Such  real  property  shall  be so exempt although it is used as a
      polling place upon days of registration and election.
        5. Such real property outside a city owned by a free public library or
      held in trust by an educational corporation for  free  library  purposes
      shall be so exempt from taxation although a portion thereof is leased or
      otherwise  used  for purposes of income, if such income is necessary for
      and is actually applied to the maintenance and support of such library.
        6. Real property exempt pursuant to this section from taxation by  all
      municipal  corporations  within which it is located shall also be exempt
      from special ad valorem levies and special  assessments  to  the  extent
      provided  in  section four hundred ninety of this chapter. Real property
      which is taxable  by  one  or  more,  but  not  all,  of  the  municipal
      corporations  within which it is located, pursuant to subdivision one of
      this section shall also be exempt from such levies  and  assessments  to
      the same extent except that:
        such  real  property  taxable  by  a town shall be subject to any such
      levies and  assessments  which  are  imposed  to  defray  the  costs  of
      improvements  or services furnished by the town or by a special district
      established pursuant to the town law;
        such real property taxable by a county shall be subject  to  any  such
      levies  and  assessments  which  are  imposed  to  defray  the  costs of
      improvements or services  furnished  by  the  county  or  by  a  special
      district established pursuant to the county law; and
        such  real  property  taxable  by  a city shall be subject to any such
      levies  and  assessments  which  are  imposed  to  defray  the  cost  of
      improvements or service furnished by the city.
        7.  An  exemption  may  be  granted pursuant to this section only upon
      application made by the owner of the property on a  form  prescribed  by
      the state board. The application shall be filed with the assessor of the
      appropriate  county,  city,  town  or  village  on or before the taxable
      status date of such county, city, town or village.