S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5086

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by M. of A. TENNEY, ORTIZ, SALADINO, STEVENSON, MALLIOTAKIS,
  GRAF, LAVINE, LALOR, LUPINACCI, MONTESANO -- Multi-Sponsored by --  M.
  of  A.  CERETTO,  CORWIN,  GIGLIO, HAWLEY, McLAUGHLIN -- read once and
  referred to the Committee on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to extending real
  property exemption for veterans' organizations to include property  so
  owned  which  is  occupied by any person although not also entitled to
  exemption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings and purpose. The legislature hereby
finds and declares that, presently, most veterans' organizations support
their charitable, educational, and veterans' programs by  renting  space
in their buildings. However, if the renter/tenant is not an exempt enti-
ty,  the  rental  portion  is  taxable.  This taxation has a devastating
effect on the posts' maintenance and programs.
  S 2. Section 452 of the  real  property  tax  law,  subdivision  1  as
amended by chapter 610 of the laws of 1960 and subdivision 3 as added by
chapter 524 of the laws of 1986, is amended to read as follows:
  S  452. Veterans organizations. 1. Real property owned by AN ORGANIZA-
TION OF PERSONS ORGANIZED PURSUANT TO THE PROVISIONS OF SECTION  TWO  OF
THE BENEVOLENT ORDERS LAW OR a corporation, association or post composed
of veterans of the Grand Army of the Republic, Veterans of Foreign Wars,
Disabled  American Veterans, the United Spanish War Veterans, the Jewish
War Veterans of the United States, Inc., Catholic  War  Veterans,  Inc.,
the  American Legion, AMVETS, American Veterans of World War II, Italian
American War Veterans of the United States,  Incorporated,  Masonic  War
Veterans  of  the  State of New York, Incorporated, and any other corpo-
ration or association of veterans of the  armed  forces  of  the  United
States  in  any  war,  [actually  and exclusively used and occupied] THE
ENTIRE NET INCOME OF WHICH REAL PROPERTY IS EXCLUSIVELY APPLIED OR TO BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05846-01-3
              

A. 5086                             2

USED TO THE CARRYING, MAINTENANCE AND DEPRECIATION CHARGES OF THE  PROP-
ERTY  OR  PORTION  THEREOF, AS THE CASE MAY BE, AND THE REMAINDER TO THE
SUPPORT OF THE CHARITABLE, EDUCATION OR VETERANS' PROGRAMS MAINTAINED by
such  corporation, association or post shall be exempt from taxation and
exempt from special ad valorem levies and  special  assessments  to  the
extent provided in section four hundred ninety of this chapter.
  2.  [Such  real  property  shall be so exempt although it or a portion
thereof is used by another corporation or association whose real proper-
ty would be entitled to an exemption pursuant to any section  in  titles
one  or  two  of  this  article except sections four hundred eight, four
hundred forty, four hundred sixty-six or four hundred seventy-eight,  if
such corporation or association itself owned such real property, as long
as any moneys paid to the owning corporation, association or post by the
using  corporation  or association do not exceed the amount of carrying,
maintenance and depreciation charges of the property or portion thereof,
as the case may be. If a portion of such real property is  actually  and
exclusively used by any person whose real property would not be so enti-
tled to an exemption, such portion shall be subject to taxation, special
ad valorem levies and special assessments and the remaining portion only
shall be exempt as provided herein.
  3.]  Real property owned by a soldiers' monument corporation organized
pursuant to section fourteen hundred five of the  not-for-profit  corpo-
ration  law shall be eligible for [full or partial] exemption from taxa-
tion as provided in this section if:
  (a) such property is not  used  in  such  manner  as  entitles  it  to
exemption  pursuant  to  section four hundred forty-two of this chapter,
and
  (b) the membership of such corporation is composed of specified veter-
ans as provided in subdivision one of this section[, and
  (c) such property is, notwithstanding any  provision  of  such  corpo-
ration's  certificate  of  incorporation  to  the contrary, actually and
exclusively used and occupied by such corporation in a manner  otherwise
entitling it to exemption under subdivision one or two of this section].
  S  3.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.