GENERAL MUNICIPAL LAW, §72-h: A village may allow a State
agency, by lease or license, to utilize space in the village
hall several times per month for nominal or no consideration.
This is in reply to your letter asking whether a village may allow the New York State Division of Parole to utilize space in the village hall several times per month without consideration or for nominal consideration.
General Municipal Law, §72-h provides, in pertinent part, as follows:
It is clear from the above provision a village may lease space in a village hall, either without consideration or for nominal consideration, to an agency or department of the State of New York (see, e.g., 1988 Opns St Comp No. 88-26, p 47).
Since the Division of Parole is a division of the State Executive Department, it is our opinion that it is an agency of the State within the meaning and intent of section 72-h. Therefore, it is our opinion that the village may lease space in the village hall to the Division for no or nominal consideration. Further, since we believe the power to transfer, lease or sell necessarily implies the power to grant the lesser right of a revocable license to use (see 1983 Opns St Comp No. 83-162, p 205), it is our opinion that the village may also grant such a license to the Division of Parole without consideration or for nominal consideration.
June 16, 1989