N.Y. Education Law Section 403-A
Leasing of school property

1.

The board of education or trustees of a school district are hereby authorized to adopt a resolution providing that specific real property of such district is not currently needed for school district purposes and that the leasing of such real property is in the best interest of the school district. The terms of such lease shall be subject to the following:

(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.

Source: Section 403-A — Leasing of school property, https://www.­nysenate.­gov/legislation/laws/EDN/403-A (updated Sep. 22, 2014; accessed Apr. 27, 2024).

401
Sites 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 407‑A
Authorization for dormitory authority financing of capital facilities for special act school districts 407‑B
Authorization for dormitory authority financing of capital facilities for state-supported schools for blind and deaf students 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 408‑B
Submitting plans and specifications of school buildings with local fire and law enforcement officials 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‑J
Emergency alert notification system in public schools 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 419‑A
Display of flags in classrooms 420
Rules and regulations
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 403-A’s source at nysenate​.gov

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