N.Y. Public Authorities Law § 2799-qqq: Exemption from taxes, assessments and certain fees

§ 2799-qqq. Exemption from taxes, assessments and certain fees. 1. The

authority, notwithstanding the provisions of the real property tax law,

any other general, special, or local law, or ordinance, rule or

regulation to the contrary, with respect to the airport, aviation

facilities, pollution control facilities, any real property, and any

facility shall be exempt from taxation and shall not be required to pay

any fees, taxes, special ad valorem levies or special assessments,

whether state or local, including but not limited to fees, taxes,

special ad valorem levies or assessments on real property, franchise

taxes, sales taxes or other excise taxes, upon the airport, aviation

facilities, pollution control facilities, any facility or any property

owned or leased by it or under its jurisdiction, control or supervision,

or upon the uses thereof, or upon its activities in the operation and

maintenance of its facilities or any fares, tolls, rentals, rates,

charges, fees, revenues or other income received by the authority.

Notwithstanding the previous sentence; (1) the authority shall be

required to pay (a) only those special ad valorem levies or assessments

payable by the city immediately prior to the effective date of this act

and (b) scheduled payments in lieu of taxes payable by the city to

school districts and to towns pursuant to PILOT agreements in effect

immediately prior to the effective date of this act; and (2) tax parcels

not owned by the city and not tax exempt prior to the effective date of

this act shall not become tax exempt upon the effective date of this

act. Tax parcels acquired by the authority subsequent to the effective

date of this act shall be exempt from taxes, assessments, special ad

valorem levies, and special assessments fees as provided herein, subject

to the obligation to make payments in lieu of taxes to the extent

provided in subdivision three of section twenty-seven hundred

ninety-nine-uuu of this title. The authority, notwithstanding the

provisions of any general, special, or local law, or ordinance,

resolution, rule, or regulation to the contrary, with respect to the

airport, aviation facilities, pollution control facilities, real

property, and other facilities used for public aviation purposes or for

airport development or to support or in connection with the airport,

aviation facilities, pollution control facilities, real property or

other facilities, shall at all times be exempt from any filing, mortgage

recording or transfer fees or taxes in relation to instruments filed,

recorded or transferred by them or on their behalf. The construction,

use, occupation or possession of any property owned by the authority,

including improvements thereon, by any person or public corporation

under a lease, lease and sublease or any other agreement shall not

operate to abrogate or limit the foregoing exemption, notwithstanding

that the lessee, user, occupant or person in possession shall claim

ownership for federal income tax purposes.

2. Any bonds issued pursuant to this title together with the income

therefrom as well as the property of the authority shall at all times be

exempt from taxes, except for transfer and estate taxes. The state

hereby covenants with the purchasers and with all subsequent holders and

transferees of bonds issued by the authority pursuant to this title, in

consideration of the acceptance of and payment for the bonds, that the

bonds of the authority issued pursuant to this title and the income

therefrom and all revenues, moneys, and other property pledged to secure

the payment of such bonds shall at all times be free from taxation,

except for transfer and estate taxes.