Pine Harbour, Inc. v. Dowling
Opinion of the Court
Petitioner operates an assisted living facility in the City of Plattsburgh, Clinton County. In 2006, the Internal Revenue Service granted petitioner tax exempt status pursuant to Internal Revenue Code (26 USC) § 501 (c) (3) and, for tax years 2006 and 2007, respondent Brian Dowling, the Assessor for respondent City of Plattsburgh, deemed petitioner’s property to be wholly exempt from taxation. When petitioner applied to renew its tax exempt status for 2008, however, Dowling requested additional information including, among other things, petitioner’s rate schedules and audited financial statements. Ultimately, the Board of Assessment Review continued petitioner’s tax exempt status for 2008.
We affirm. To qualify for tax exempt status under RPTL 420-a (1) (a),
The crux of petitioner’s argument on appeal is that respondents erred in withdrawing the underlying exemption because
Further, the case law makes clear that providing retirement housing to senior citizens who are not in fact poor does not constitute a charitable activity (see Matter of Greer Woodycrest Children’s Servs. v Fountain, 74 NY2d 749, 751 [1989]; Matter of Quail Summit, Inc. v Town of Canandaigua, 55 AD3d 1295, 1296 [2008], lv denied 11 NY3d 716 [2009]; Matter of Presbyterian Residence Ctr. Corp. v Wagner, 66 AD2d 998, 999 [1978], affd 48 NY2d 885 [1979]; compare Matter of Adult Home at Erie Sta., Inc. v Assessor & Bd. of Assessment Review of City of Middletown, 10 NY3d 205, 214 [2008]; Matter of Association for Neighborhood Rehabilitation, Inc. v Board of Assessors of the City of Ogdensburg, 81 AD3d at 1216-1217). The “critical factor” in ascertaining whether an exemption may be granted (or here, withdrawn) under RPTL 420-a is “whether the provider
Although the record before us does not expressly delineate a range of market rates for comparable facilities, petitioner’s own proof establishes that it charges residents between $99 and $155 per day, resulting in a potential annual rental cost of $56,575. The corresponding monthly rental payment is in addition to a one-time reservation fee of $1,500, as well as charges incurred for any supplemental services residents may elect to receive. Additionally, a review of petitioner’s rental agreement reflects that it reserves the right to terminate a resident’s lease for nonpayment and, between 2006 and 2008, petitioner apparently did not have any residents that received supplemental security income or some other form of governmental subsidy. Thus, even accepting that petitioner offered discounted rates to certain of its residents in 2008 totaling approximately $178,000, there nonetheless was ample evidence from which respondents rationally could conclude that petitioner was not providing housing to low-income individuals and, therefore, was not entitled to the requested exemption. Petitioner’s remaining contentions, to the extent not specifically addressed, have been examined and found to be lacking in merit.
Spain, J.E, Rose, Lahtinen and Garry, JJ., concur. Ordered that the order is affirmed, without costs.
. To the extent that petitioner now claims that it utilizes its property for a “benevolent” purpose and, therefore, should be afforded tax exempt status under RPTL 420-b (1) (a) as well, we need note only that both petitioner’s renewed application and the underlying petition are limited to requesting the exemption set forth in RPTL 420-a (1) (a).
. Although these terms are not defined in the statute, “exclusively” has been interpreted to mean principally or primarily (see Matter of Association for Neighborhood Rehabilitation, Inc. v Board of Assessors of the City of Ogdensburg, 81 AD3d 1214, 1216 [2011]; Matter of Miriam Osborn Mem. Home Assn. v Assessor of City of Rye, 80 AD3d 118, 133 [2010]). Similarly, a “charitable” purpose historically has included “the relief of poverty, the advancement of education, the promotion of health, and even the care and maintenance of abandoned and abused farm animals” (Matter of Miriam Osborn Mem. Home Assn. v Assessor of City of Rye, 80 AD3d at 133). However, “[f]or property to be entitled to an exemption on the ground that it is being used for a charitable purpose, it must a fortiori be used for a public purpose” (Matter of North Manursing Wildlife Sanctuary [City of Rye], 48 NY2d 135, 140 [1979]; Matter of Farm Sanctuary v Patton, 221 AD2d 67, 69 [1996]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.