7 - Acquisition of property by religious corporations for cemetery purposes; management thereof.

§  7.  Acquisition  of property by religious corporations for cemetery  purposes; management thereof. A religious corporation may take and hold,  by purchase, grant, gift or devise, real property for the purposes of  a  cemetery;  or such lot or lots in any cemetery connected with it, as may  be conveyed or devised  to  it,  with  or  without  provisions  limiting  interments  therein to particular persons or classes of persons; and may  take and hold any property granted, given, devised or bequeathed  to  it  in  trust to apply the same or the income or proceeds thereof, under the  direction of the trustees of the corporation,  for  the  improvement  or  embellishment  of  such  cemetery  or  any  lot  therein,  including the  erection,  repair,  preservation  or  removal   of   tombs,   monuments,  gravestones,  fences,  railings  or  other erections, or the planting or  cultivation of trees, shrubs, plants, or flowers in or around  any  such  cemetery or cemetery lots.    A  religious  corporation  may  erect upon any property held by it for  cemetery purposes, a suitable building for religious  services  for  the  burial  of  the  dead,  or  for  the use of the keepers or other persons  employed in connection therewith, and may sell and convey lots  in  such  cemetery   for   burial   purposes,   subject  to  such  conditions  and  restrictions as may be imposed by the instrument by which the  same  was  acquired,  or  by the rules and regulations adopted by such corporation.  Every such conveyance of a lot or  plat  for  burial  purposes,  signed,  sealed and acknowledged in the same manner as a deed to be recorded, may  be  recorded  in  like  manner  and  with  like effect as a deed of real  property.    Notwithstanding the provisions of section four  hundred  fifty-one  of  the  real  property law or any other provision of law to the contrary, a  religious corporation that prior  to  January  first,  nineteen  hundred  eighty-four  received  a special permit from the zoning board of appeals  for the use of certain real property as a cemetery  and  which  actually  used  such  real  property  for  cemetery  purposes,  may  use such real  property for  cemetery  purposes  without  the  consent  of  the  county  legislative body for the county in which such real property is situated.    No  religious  corporation  owning, managing or controlling a cemetery  shall, directly or indirectly:    (a) sell, or have, enter into or perform a lease of any  of  its  real  property dedicated to cemetery purposes or adjacent thereto to a funeral  entity, or use any of its property for locating a funeral entity;    (b) commingle its funds with a funeral entity;    (c) direct or carry on its cemetery related business or affairs with a  funeral entity;    (d) authorize control of its cemetery related business or affairs by a  funeral entity;    (e)  engage in any sale or cross-marketing of goods or services with a  funeral entity;    (f) have, enter into or perform a management or service  contract  for  cemetery operations with a funeral entity; or    (g)  have, enter into or perform a management contract with any entity  other than a not-for-profit cemetery or religious corporation.    Only the provisions of subparagraphs  (a)  and  (b)  of  the  previous  paragraph  shall  apply  to  religious corporations with thirty acres or  less of real property dedicated to cemetery purposes, and  only  to  the  extent  the  sale  or  lease  is  of real property dedicated to cemetery  purposes, and such cemeteries shall not engage in the  sale  of  funeral  home  goods or services, except if such goods and services are otherwise  permitted to be sold by cemeteries.