Opinion
July 1, 1985
Appeal from the Supreme Court, Putnam County (Burchell, J.).
Judgment affirmed, without costs or disbursements.
Real Property Tax Law § 420-a (1) provides, in general, that real property will be exempt from tax when it is "owned by a corporation or association organized or conducted exclusively for religious, charitable, hospital, educational, or moral or mental improvement of men, women or children purposes * * * and used exclusively for carrying out thereupon one or more of such purposes". To be entitled to an exemption under this statute, it must be shown, first, that the corporation seeking the exemption is one organized exclusively for one or more of the statutory purposes, and second, that the property in question be devoted exclusively to such use; however, "exclusive" in the sense of the statute has been interpreted to mean only "principal" or "primary" ( see, Matter of Association of Bar v. Lewisohn, 34 N.Y.2d 143, 153). The exemption statute must be construed strictly against the taxpayer seeking the benefit of the exemption, but "an interpretation so literal and narrow that it defeats the exemption's settled purpose is to be avoided" ( Matter of Association of Bar v. Lewisohn, supra, p 153; Matter of Symphony Space v. Tishelman, 60 N.Y.2d 33, 36).
Petitioner was incorporated for the purpose of rehabilitating persons with drug or alcohol caused debilities. While this function is both admirable and laudatory, it does not appear to be the type of general public service for which the "moral and mental improvement" exemption was included ( see, N Y Legis Ann, 1972, p 266; Matter of Presbyterian Residence Center Corp. v Wagner, 66 A.D.2d 998, affd 48 N.Y.2d 885 on mem at the App. Div.; Matter of Symphony Space v. Tishelman, supra). Consequently, petitioner's application for an exemption was properly denied. Bracken, J.P., O'Connor, Rubin and Kunzeman, JJ., concur.