N.Y. Laws » CHAPTER Religious Corporations / ARTICLE General Provisions
New York Consolidated Laws

N.Y. Religious Corporations Law § 5 (2026)

General powers and duties of trustees of religious corporations

✓ current as of May 2026
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§ 5. General powers and duties of trustees of religious corporations.
The trustees of every religious corporation shall have the custody and
control of all the temporalities and property, real and personal,
belonging to the corporation and of the revenues therefrom, and shall
administer the same in accordance with the discipline, rules and usages
of the corporation and of the ecclesiastical governing body, if any, to
which the corporation is subject, and with the provisions of law
relating thereto, for the support and maintenance of the corporation,
or, providing the members of the corporation at a meeting thereof shall
so authorize, of some religious, charitable, benevolent or educational
object conducted by said corporation or in connection with it, or with
the denomination, if any, with which it is connected; and they shall not
use such property or revenues for any other purpose or divert the same
from such uses. They may transfer all or any part of the real or
personal estate of such corporation to such bank, trust company, savings
bank or savings and loan association organized or existing under the
laws of the state of New York, or to a national banking association,
federal savings bank or federal savings and loan association having a
principal, branch or trust office located in the state of New York as
may be designated by them or to a holding company, organized under the
laws of the state of New York, of the same religious denomination, such
property to be held in trust or in safekeeping or custody, to collect
the income thereof and pay over the same to the trustees of such
religious corporation at such times and in such manner as shall be
agreed upon, and they may also, in their discretion, delegate and grant
to the trustee or custodian designated by them all or any portion of the
powers, responsibilities and discretionary authority possessed by them
with respect to the retention and the investment and reinvestment of
such property or any part thereof, and may from time to time modify such
powers delegated by them or designate successor or different trustees or
custodians within the limits and subject to the regulations and
restrictions contained in this section. The trustees of an incorporated
Roman Catholic Church, or of a Ruthenian Greek Catholic Church, shall
not transfer any property as herein provided without the consent of the
archbishop or bishop of the diocese to which such church belongs or in
case of their absence or inability to act, without the consent of the
vicar general or administrator of such diocese. By-laws may be adopted
or amended, by a two-thirds vote of the qualified voters present and
voting at the meeting for incorporation or at any subsequent meeting,
after written notice, embodying such by-laws or amendment, has been
openly given at a previous meeting, and also in the notices of the
meeting at which such proposed by-laws or amendment is to be acted upon.
By-laws thus adopted or amended shall control the action of the
trustees. But this section does not give to the trustees of an
incorporated church, any control over the calling, settlement, dismissal
or removal of its minister, or the fixing of his salary; or any power to
fix or change the times, nature or order of the public or social worship
of such church.
Notes of Decisions
Cited in 19 cases (2 in the last 5 years), 1985–2024 · leading case: Kamchi v. Weissman, 125 A.D.3d 142 (N.Y. App. Div. 2014).
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Kamchi v. Weissman, 125 A.D.3d 142 (N.Y. App. Div. 2014). · cites it 8× “In the first cause of action, the plaintiffs alleged that the defendants’ actions violated Religious Corporations Law §§ 5 and 200. In the second cause of action, the plaintiffs alleged that the defendants’ actions were arbitrary and capricious and violated the Congregation’s…”
Morris v. Scribner, 508 N.E.2d 136 (N.Y. 1987). · cites it 5× “On this appeal, plaintiff parishioners seek a declaratory judgment determining that defendants have used church funds for purposes other than the "support and maintenance” of the church, in violation of Religious Corporations Law § 5, and an order enjoining further violations of…”
Blaudziunas v. Egan, 74 A.D.3d 697 (N.Y. App. Div. 2010). · cites it 17× “Contrary to the arguments of the dissent and plaintiffs, Religious Corporations Law § 5 does not require that the demolition of the church be authorized by the parishioners.”
Matter of Ming Tung v. China Buddhist Assn., 124 A.D.3d 13 (N.Y. App. Div. 2014). · cites it 2× “The closing of a place of worship implicates the need to dispose of its property, over which church trustees are assigned custody and control (Religious Corporations Law § 5). In the absence of duly elected trustees, no action can be taken.”
Blaudziunas v. Egan, 961 N.E.2d 1107 (N.Y. 2011). · cites it 2× “Notwithstanding the bylaws of this church corporation, which grant the board of trustees custody and control of the church property, plaintiffs rely upon Religious Corporations Law § 5 to *281 challenge the board of trustees’ decision to demolish the church building.”
Comm. to Save St. Brigid's Inc. v. Egan, 45 A.D.3d 375 (N.Y. App. Div. 2007). · cites it 10× “It therefore determined that defendants were not barred by Religious Corporations Law § 5 from authorizing the demolition of the building.”
Chinuch v. Congregation Lubavitch, Inc., 2024 NY Slip Op 24017 (N.Y. App. Term. 2024). · cites it 3× “Appellants also contend that the summary proceedings are barred by the applicable statute of limitations; that the dispute is not justiciable since it involves issues of religious doctrine and internal governance; that the premises are held in a statutory trust pursuant to…”
Congregation Yetev Lev D'Satmar, Inc. v. Kahana, 31 A.D.3d 541 (N.Y. App. Div. 2006). “Constitutional problems are avoided because the Religious Corporations Law governs a religious corporation’s temporal affairs, while spiritual affairs remain with the religion’s leadership (see Religious Corporations Law § 5; Westminster Presbyt.”
Butler v. Sacred Heart of Jesus English Rite Catholic Church, 178 Misc. 2d 851 (N.Y. City Civ. Ct. 1998). · cites it 5× “In support of this contention, defendants rely upon Religious Corporations Law § 5 and People’s Bank v St.”
Trs. of Gallilee Pentecostal Church, Inc. v. Williams, 65 A.D.3d 1221 (N.Y. App. Div. 2009). “In light of this determination, we also enjoin the defendants from exercising any authority or control over the Church’s temporalities and property, since they are not duly-elected Church trustees or officers pursuant to Religious Corporations Law § 5, which states that only…”
Bynoe v. Riverside Church, 13 Misc. 3d 628 (N.Y. Sup. Ct. 2006). “Religious Corporations Law § 5 provides that bylaws may be amended “after written notice, embodying such .”
St. Matthew Church of Christ, Disciples of Christ, Inc. v. Creech, 196 Misc. 2d 843 (N.Y. Sup. Ct. 2003). “, the court held that while “a corporate executive may have a general right to employ attorneys * * * an individual trustee of a religious corporation is clearly not so empowered” ( 22 Misc 2d 522, 523-524 [1959], citing Religious Corporations Law § 5). An individual trustee of…”
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