State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-2 > 420-b

§  420-b.  Nonprofit  organizations;  permissive  class.  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  Any  local  law, ordinance or resolution adopted pursuant to  this subdivision may be amended or repealed.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  areexempt  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.

State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-2 > 420-b

§  420-b.  Nonprofit  organizations;  permissive  class.  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  areexempt  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpt > Article-4 > Title-2 > 420-b

§  420-b.  Nonprofit  organizations;  permissive  class.  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  areexempt  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.