(a) The rental payment shall not be less than the fair market rental
value as determined by the board of education.
(b) The term of the lease shall not exceed ten years.
(c) Upon termination, the lessee shall be obligated to restore the
real property to its original condition less ordinary depreciation,
provided that the school district may waive such requirement if the
tenant has made improvements to such real property which may not be
removed without causing substantial damage to such real property.
2. Upon the consent of the commissioner, renewal of a lease may be
made for a period of up to ten years.
3. The board of education or trustees of a school district are hereby
authorized to lease real property upon such terms and conditions as the
board of education or trustees may deem appropriate to any person,
partnership or corporation such board of education or trustees shall
have determined who will provide the most benefit to the school district
for periods not to exceed ten years. Such leases may also be renewed for
a period of up to ten years upon the consent of the commissioner.
4. Upon termination of the lease, if the school district incurs
expenses in restoring the real property to school use, such expenses
shall not be included in computing any apportionment or state building
aid to such district.
5. Notwithstanding the provisions of paragraph (b) of subdivision one
hereof the board of education or trustees of a school district are
hereby authorized to enter into a lease agreement in accordance with the
provisions of this section for a period in excess of ten years subject,
however, to voter approval by referendum.
6. Nothing contained herein shall prevent the board of education or
trustees of a school district from entering into a lease agreement which
provides for the cancellation of the same by such board or trustees
upon:
(a) a substantial increase or decrease in pupil enrollment; or
(b) a substantial change in the needs and requirements of a school
district with respect to facilities; or
(c) any other change which substantially affects the needs or
requirements of a school district or the community in which it is
located.
Structure New York Laws
Article 9 - School Buildings and Sites
401 - Sites; Designation and Change.
402 - Sale of Former Schoolhouse or Site.
402-A - Procedures for Closing a School Building.
403 - Application of Proceeds of Sale.
403-A - Leasing of School Property.
403-B - Leasing of School Buildings and Facilities.
404 - Acquisition of Real Property.
405 - Conveyance of Property to Public Corporations.
406 - Vesting of Title of Lands in Certain Cases.
407 - Application to Certain Districts.
408 - Plans and Specifications of School Buildings Must Be Approved by Commissioner of Education.
408-A - Plans and Specifications for Construction of New School Buildings.
409 - School Building Regulations in Relation to Health and Safety.
409-A - Eye Safety Devices for Certain Students and Teachers.
409-B - Use of Mercury Vapor or Metal Halide Lamps Within School Buildings.
409-C - Athletic Safety Equipment.
409-D - Comprehensive Public School Building Safety Program.
409-E - Uniform Code of Public School Buildings Inspection, Safety Rating and Monitoring.
409-F - Electrically Operated Partition and Door Safety.
409-G - Purchase and Use of Paradichlorobenzene Deodorizers.
409-H - Requirements for Notification of Pesticide Applications.
409-I - Procurement and Use of Environmentally-Sensitive Cleaning and Maintenance Products.
409-K - Pesticide Alternatives.
409-L - Posting Child Abuse Hotline Telephone Number.
409-M - Gender Neutral Single-Occupancy Bathroom Facilities.
410 - Officials Not to Be Interested in Sales, Leases or Contracts.
412 - Condemnation of Schoolhouse and Erection of New Schoolhouse in Place Thereof.
413 - Use of School Buildings for Examinations.
414 - Use of Schoolhouse and Grounds.
415 - No Schoolhouse Shall Be Built on Town Line.
416 - School Taxes and School Bonds.
417 - Allocation of Moneys by Regents for Extraordinary Relief to School Districts.
418 - Purchase and Display of Flag.
419 - Display of Flags in Assembly Rooms.