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Drug Policy Alliance v. NYC Tax Comm'n

Drug Policy Alliance, an Advocacy Group Is Entitled to Real Property Tax Exemption

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The following papers were read on this motion by petitioner for a judgment pursuant to CPLR article 78.PAPERS NUMBEREDNotice of Motion/ Order to Show Cause-Affidavits — Exhibits 1, 2, 3, 4, 5, 6Answering Affidavits — Exhibits (Memo) 7, 8Replying Affidavits (Reply Memo) 9, 10.For a Judgment under Article 78 of the Civil Practice Law and Rules, This CPLR article 78 proceeding was brought by Drug Policy Alliance (petitioner or DPA), via Verified Petition filed on September 21, 2012 (Petition), seeking to annul the October 20, 2011 determination of respondent New York City Department of Finance (the DOF), which denied DPA’s July 12, 2011 application (Application) for the real property tax exemption, pursuant to Real Property and Tax Law (RPTL) 420-a (1)(a), for its then-recently purchased New York headquarters, condominium unit 15(A) in the building located at 131 West 33rd Street in Manhattan (the Property) (the 2011 DOF Denial).BACKGROUNDRespondent the DOF is charged with making determinations as to annual real property tax assessments and exemptions, and respondent New York City Tax Commission (the TC) is an independent agency of The City of New York that is responsible for administrative review of the real property tax assessments determined by the DOF, including the review of the exemptions from the real property tax (see Respondents’ Mem of Law in Supp of Their Verified Answer at 4; Verified Answer

10, 37).Petitioner DPA is a not-for-profit organization incorporated in the District of Columbia and authorized to conduct business in New York State (see Verified Petition 6). Pursuant to its amended Articles of Incorporation, DPA’s purpose is to “operate exclusively for charitable and educational purposes, including but not limited to conducting research and educating the public about medical, scientific and sociological effects of drugs and developments in the drug laws” (see id.

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