New York Laws
Article 5 - Powers, Limitations and Liabilities
72-J - Parking Garages and Parking Spaces; Public Off-Street Loading Facilities.

§ 72-j. Parking garages and parking spaces; public off-street loading
facilities. 1. The governing board or other appropriate authority of a
municipal corporation may acquire by purchase, gift, devise, lease,
condemnation or otherwise, in accordance with the provisions of any
appropriate general, special, or local law applicable to the acquisition
of real property by a municipal corporation, real property or any
interest therein necessary for or incidental to the construction or
operation of parking garages or parking spaces or public off-street
loading facilities for the relief of traffic congestion either as
provided in subdivision two hereof or as provided in subdivision three
hereof.

2. a. A municipal corporation or an urban renewal agency may construct
and operate such garages or spaces or public off-street loading
facilities including the use of such portion of the property for other
commercial uses as may be necessary to provide revenue adequate to
permit the operation of the principal portion of the property for such
garages or spaces or public off-street loading facilities, may charge
such rentals or fees for their use and make such other provisions for
their operation and management as it may deem necessary, and may enter
into contracts for their construction or operation subject to such
conditions as it may impose for the service of the public and the
protection of the public interest. When in furtherance of an urban
renewal program such parking garage or spaces or public off-street
loading facilities are constructed and operated pursuant to a duly
approved urban renewal plan, the same or a portion thereof may be sold,
leased for a term not exceeding ninety-nine years, or otherwise disposed
of, to any person, firm or corporation, without public auction or sealed
bids, subject to such conditions as it may impose for the service of the
public and the protection of the public interest, provided such sale,
lease or disposal is made in accordance with and pursuant to the
provisions of section five hundred seven of this chapter.

b. In addition to such powers as may be granted by any other law or by
any other subdivision of this section, a municipal corporation or an
urban renewal agency may lease, for a term not exceeding ninety-nine
years, such air rights over or the subsurface areas under any property
acquired or to be acquired for garages, spaces or public off-street
loading facilities, together with easements or other rights of user
necessary for the use and development of such air rights or subsurface
areas, as are not needed for public purposes, to any person, firm or
corporation for commercial or private use. Any such lease may contain
provisions requiring the lessee to construct facilities adequate to
support and maintain, without interference, the public parking or
off-street loading facilities being conducted by the municipality or
urban renewal agency and may also contain such other provisions,
conditions and restrictions as the municipality or urban renewal agency
may prescribe. Any buildings, structures, substructures or
superstructures, the title to which remains in the lessee, shall be
deemed to be real property for purposes of taxation as defined in
subdivision twelve of section one hundred two of the real property tax
law.

3. Any municipal corporation, acting through its board of estimate or
other governing body, may, in addition to exercising the powers granted
to it by subdivision two hereof, sell, lease for a term not exceeding
ninety-nine years, or otherwise dispose of any real property or any
interest therein owned by it or acquired by it pursuant to this section,
to any person, firm, or corporation at the highest marketable price or
rental at public auction or by sealed bids pursuant to the provisions of
any general, special or local law applicable to the sale, lease, or

disposition of real property by such municipal corporation, for the
purpose of the construction or establishment on such real property of
public parking garages or public parking spaces or public off-street
loading facilities for the relief of traffic congestion and for the
maintenance and operation thereof. Any deed, lease, or instrument by
which real property or any interest therein is conveyed or disposed of
shall contain provisions requiring the purchaser, grantee, or lessee to
construct or establish on such real property one or more public parking
garages or public parking spaces or public off-street loading facilities
and to maintain and operate the same for such period as may be
prescribed by the board of estimate or other governing body, provisions
fixing or providing for the approval by the board of estimate or other
analogous body of rates to be charged for the use of such facilities by
the operators thereof, and may also contain provisions authorizing the
use of such portion of the property for other commercial purposes as may
be necessary to provide revenue adequate to permit the operation of the
principal portion of the property for public parking garages and public
parking space or public off-street loading facilities. Such deed or
instrument may contain such other provisions, conditions and
restrictions, including specifications relating to construction, and the
rentals at which such property may be leased or subleased by the grantee
or lessee as the board of estimate or other governing body may
prescribe. The prior consent of the city planning commission or other
analogous body of such municipal corporation shall be required for the
acquisition by such municipal corporation of property for the purposes
of this subdivision, which prior consent shall be based upon a finding
by such city planning commission or other analogous body of the
desirability thereof and after a public hearing thereon.

4. As used in this section:

a. The term "public garage" shall mean any building or facility where
motor vehicles are parked, stored, serviced or repaired, and whose space
and facilities are available to the public, with or without fee or
charge, without regard to the residence, business or employment of the
motor vehicle owner or operator seeking such space or facilities.

b. The term "public off-street loading facility" shall mean any
building or area for the loading or unloading of trucks, trailers or
other similar vehicles and the temporary storage of goods incidental
thereto, which space and facilities shall be made available hereunder to
the public with or without fee or charge upon such terms and conditions
as may be prescribed by the board of estimate or other governing body.

5. A town, or a town parking district, and a village wholly within
such town may, as herein provided, jointly acquire lands for and
maintain and operate parking garages and parking spaces or public
off-street loading facilities in the manner and for the purposes herein
specified. Taxes levied for the town's share of the cost of such
acquisition, maintenance and operation shall be a charge upon the
taxable property of that part of the town outside of such village, and
shall be assessed, levied and collected therefrom. Taxes levied for a
parking district's share of the cost of such acquisition, maintenance
and operation shall be a charge upon the taxable property of that part
of the parking district outside of such village and shall be assessed,
levied and collected therefrom.

6. The governing body of any municipal corporation may direct that the
whole of the expense of the acquisition of lands for and the
construction of parking garages and parking spaces or public off-street
loading facilities be assessed upon property deemed benefited, or that
the whole or part thereof be charged to the municipal corporation at
large and the remainder if any, assessed upon the property deemed

benefited. Proceedings for the assessment of the cost of acquisition of
land for and construction of parking garages and parking spaces or
public off-street loading facilities shall be the same as for a local
improvement assessment of other public work.

Structure New York Laws