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NYU and Columbia are not the Only NY Universities Targeted for Property Taxation

Executive LLM in Tax | NYU School of Law

I am always leery about simple statutory language.  Simplicity is always broad.  That’s the advantage.  Complexity is typically less so.  Like the proposed amendment to NY’s constitution set out below.  The simple amendment authorizes the repeal or alteration of property tax exemption for private universities.  Media reports indicate that lawmakers want to tax NYU and Columbia, and that the expected $300 plus million dollars collected annually would be reallocated to CUNY.  I bet.  Anyway, the provision is not limited to just those universities.  Cornell, up in Ithaca, is also being looked at like Wyle E. Coyote used to look at the Road Runner.  Ithaca is salivating.  

S07797 Text:

                 STATE OF NEW YORK        ________________________________________________________________________                                           7797                                2023-2024 Regular Sessions                     IN SENATE                                     December 8, 2023                                       ___________         Introduced  by  Sens. LIU, CLEARE -- read twice and ordered printed, and          when printed to be committed to the Committee on Rules                     CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY         proposing an amendment to section 1 of article 16 of  the  constitution,          in  relation  to  real  property tax exemptions for educational insti-          tutions     1    Section 1. Resolved (if the Assembly concur), That section 1 of  arti-     2  cle 16 of the constitution be amended to read as follows:     3    Section 1. The power of taxation shall never be surrendered, suspended     4  or  contracted  away, except as to securities issued for public purposes     5  pursuant to law. Any laws which delegate the taxing power shall  specify     6  the types of taxes which may be imposed thereunder and provide for their     7  review.     8    Exemptions  from  taxation  may  be  granted  only  by  general  laws.     9  Exemptions may be altered or repealed except  those  exempting  real  or    10  personal  property used exclusively for religious, educational or chari-    11  table purposes as defined by law and owned by any corporation or associ-    12  ation organized or  conducted  exclusively  for  one  or  more  of  such    13  purposes   and   not  operating  for  profit    14  exemptions of real or personal property  used  exclusively  for  private    15  institutions of higher education may be altered or repealed.    16    § 2. Resolved (if the Assembly concur), That the foregoing be referred    17  to  the  first  regular  legislative  session  convening  after the next    18  succeeding general election of members of the assembly, and, in conform-    19  ity with section 1 of article 19 of the constitution, be published for 3    20  months previous to the time of such election.            EXPLANATION--Matter in italics (underscored) is new; matter in brackets                              [ ] is old law to be omitted.                                                                   LBD89123-01-3
darryll k. jones