Relates to the court approval process for the sale, mortgage and lease of real property of a religious corporation, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7892
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 11, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the religious corporations law, in relation to the court
   approval process for the sale, mortgage and lease of real property  of
   a religious corporation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d-1) of subdivision 1  of  section  2-b  of  the
 religious  corporations  law,  as  amended by chapter 193 of the laws of
 1985, is amended to read as follows:
   (d-1) Notwithstanding any provision of this chapter  or  the  not-for-
 profit  corporation  law,  any  church  referred  to in subdivision two,
 three, four, five, five-a, five-b, five-c,  FIVE-D  or  six  of  section
 twelve  of  this  chapter  shall  not  be required to give notice to the
 attorney general of any  application  required  by  subdivision  one  of
 section  twelve  of this chapter or any application or petition required
 under section five hundred ten or section five  hundred  eleven  of  the
 not-for-profit corporation law.
   § 2. Section 12 of the religious corporations law is amended by adding
 a new subdivision 5-d to read as follows:
   5-D.  THE  TRUSTEES OF THE GREEK ORTHODOX ARCHDIOCESE OF AMERICA SHALL
 NOT MAKE APPLICATION TO THE COURT FOR LEAVE TO MORTGAGE, LEASE  OR  SELL
 ANY OF ITS REAL PROPERTY WITHOUT THE CONSENT OF ITS ARCHBISHOP.
   § 3. Subdivision 6 of section 12 of the religious corporations law, as
 amended  by  chapter  381  of  the  laws  of 1985, is amended to read as
 follows:
   6. The petition of the trustees of an incorporated Protestant  Episco-
 pal  church  or  Roman Catholic church shall, in addition to the matters
 required by article five of the not-for-profit corporation law to be set
 forth therein, set forth that this section has also been complied  with.
 The  petition of the trustees of an incorporated African Methodist Epis-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11305-01-5
 A. 7892                             2
 
 copal Zion church shall in addition to the matters required  by  article
 five  of the not-for-profit corporation law to be set forth therein, set
 forth that this section has also been complied with. The petition of the
 trustees  of  an incorporated Presbyterian church in connection with the
 General Assembly of the Presbyterian Church (U.S.A.), shall, in addition
 to the matters required by article five  of  the  not-for-profit  corpo-
 ration law to be set forth therein, set forth that this section has also
 been  complied  with.  The  petition  of the trustees of an incorporated
 United Methodist church shall, in addition to the  matters  required  by
 article five of the not-for-profit corporation law to be set forth ther-
 ein, set forth that this section has also been complied with.  THE PETI-
 TION  OF  THE  TRUSTEES OF AN INCORPORATED GREEK ORTHODOX ARCHDIOCESE OF
 AMERICA CHURCH SHALL, IN ADDITION TO THE  MATTERS  REQUIRED  BY  ARTICLE
 FIVE  OF THE NOT-FOR-PROFIT CORPORATION LAW TO BE SET FORTH THEREIN, SET
 FORTH THAT THIS SECTION HAS ALSO BEEN COMPLIED WITH.
   § 4. This act shall take effect immediately.