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NY S04672

Bill

Status

Introduced

2/13/2023

Primary Sponsor

George Borrello

Click for details

Origin

Senate

2023-2024 General Assembly

AI Summary

  • Adds strict definitions and usage requirements for non-profit property tax exemptions in New York, including a requirement that exempt organizations prove by "clear and convincing evidence" that each acre is actively used for exempt purposes at least 120 days per year (90 days for personal improvement properties).

  • Restricts "used exclusively" language to prohibit tax exemptions for properties with commercial activities, including sale of products made on the land, timber sales, commercial leases, or commercial improvements, with non-compliant portions subject to taxation.

  • Defines specific exempt purposes including religious, educational, charitable, hospital, medical, recreational, and moral/mental improvement activities with detailed limitations; excludes activities like meditation and open space maintenance from religious purposes; prohibits religious exemptions for properties with income-producing ventures unless goods/services are sold exclusively to members of the same religion.

  • Establishes "land trust" exemption category requiring contracts ensuring land cannot be sold or encumbered without purchasing replacement property of equal value within one year, with liability for back taxes if replacement purchase fails.

  • Creates new state aid payment program (Section 420-d) providing up to 100 percent reimbursement to taxing districts for lost tax revenue on exempt properties owned by youth-oriented educational organizations, with payments subject to legislative appropriations.

Legislative Description

Provides that real property tax exemptions granted to real property owned by corporations or associations organized or conducted exclusively for hospital or for purposes related to the moral or mental improvement of men, women, or children and used exclusively for carrying out such purposes shall only be granted if the property owner can prove by clear and convincing evidence that each acre is actually used for such purpose at least 120 days a year.

Last Action

REFERRED TO LOCAL GOVERNMENT

1/3/2024

Committee Referrals

Local Government2/13/2023

Full Bill Text

No bill text available