New York A 5680: Relates to assessment and taxation of lessees and users of certain tax exempt property

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A05680 Summary:

BILL NOA05680 

&nbsp

SAME ASSAME AS S00664

&nbsp

SPONSOREachus

&nbsp

COSPNSRShimsky, Colton

&nbsp

MLTSPNSR

&nbsp

Amd §§102 & 402, RPT L

&nbsp

Subjects to taxation the possessory interest of a private individual or corporation which uses real property owned by the United States or the state, except for real property owned by public authorities, for business purposes; excludes private property where the use is for a concession available to the general public located on property, such as parks, available for the use of the general public.

Go to top A05680 Actions:

BILL NOA05680 

&nbsp

02/19/2025referred to real property taxation

01/07/2026referred to real property taxation

Go to topA05680 Committee&nbspVotes:

Go to topA05680 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05680 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5680

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 19, 2025
 ___________

 Introduced by M. of A. EACHUS -- read once and referred to the Committee
 on Real Property Taxation

 AN ACT to amend the real property tax law, in relation to assessment and
 taxation of lessees and users of certain tax exempt property

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 12 of section 102 of the real property tax law
 2 is amended by adding a new paragraph (k) to read as follows:
 3 (k) The possessory interest of a private lessee or contractor which
 4 uses real property owned by the United States or the state of New York,
 5 except real property owned by public authorities, where the property
 6 would be subject to real property taxation if owned by such lessee or
 7 contractor, except where the use is by way of a concession which is
 8 available for the use of the general public and is located in or adja-
 9 cent to a public airport, park, market, fairground, road, pier, marina,
 10 railroad, busline, subway or similar property which is available for the
 11 use of the general public.
 12 § 2. The section heading and subdivision 1 of section 402 of the real
 13 property tax law are amended to read as follows:
 14 United States or state property held under lease or contract [of
 15 sale]. 1. Whenever the legal title of real property is in the United
 16 States, or in the state of New York, but the use, occupation or
 17 possession thereof is in a person, partnership, association or corpo-
 18 ration, or their or its successor in interest, under a lease, contract
 19 [of sale], option or other agreement [whereby a right to acquire the
 20 premises through an option, a first privilege or a first refusal is
 21 granted, or whereby upon one or more payments the legal title thereto is
 22 to be or may be acquired by such person, partnership, association or
 23 corporation], [his] such that the interest is a possessory interest
 24 described in paragraph (k) of subdivision twelve of section one hundred
 25 two of this chapter, their or its interest in such real property shall

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02203-01-5

 A. 5680 2

 1 be assessed and taxed [as] for the same amount and to the same extent as
 2 though the lessee, contractor or user were the owner of such real prop-
 3 erty and shall be entered in the assessment roll in the same manner as
 4 if such person, partnership, association or corporation held the legal
 5 title to such property, except for the addition to the description of
 6 the property of the name of the owner and of the words "interest under
 7 lease", "interest under contract", "interest under option", or other
 8 appropriate words descriptive of the interest in the property so
 9 assessed. [Such assessment shall be at the full value of such inter-
 10 est.]
 11 § 3. Subdivision 2 of section 402 of the real property tax law is
 12 amended to read as follows:
 13 2. [The assessors shall add to the assessment roll opposite the
 14 description of any such interest a notation stating that the real prop-
 15 erty itself so owned by the United States, or by the state, is not to be
 16 taxed. Every notice of sale or other process and every c