NYC Administrative Code

§ 25-112 — Prohibition of cemeteries in Queens.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 25-112?

Quick Answer

This section prohibits the establishment of new cemeteries in Queens, allowing only existing religious corporations and cemetery associations to use land for cemetery purposes if it was lawfully acquired before specified dates. Applies to entities involved in cemetery operations in Queens County.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 25-112 Prohibition of cemeteries in Queens.

AC § 25-112

a. No person, association or corporation shall take by deed, devise or otherwise any land in the county of Queens for cemetery purposes, nor set apart or use any ground for cemetery purposes in such county. Existing religious corporations, cemetery associations and corporations, however, shall have the right to use for cemetery purposes, land lawfully taken by recorded deed, or devise and set apart or used for cemetery purposes or for the purposes of the convenient transaction of their general business, prior to July seventeenth, nineteen hundred forty-seven. b. The provisions of subdivision a of this section shall not in any manner prevent an incorporated religious society organized under the laws of the state of New York prior to the year eighteen hundred twenty-five now owning cemetery land in Queens county from acquiring and using land of not more than ten acres contiguous to said cemetery land as and when said additional land in its ownership and use for cemetery purposes has been approved by the city council. c. The provisions of subdivision a of this section shall not in any manner prevent a cemetery corporation organized under the laws of the state of New York prior to the year nineteen hundred nine, now owning cemetery land in Queens county, from using additional land lawfully taken by recorded deed or devise prior to December 31, 1972, provided such additional land consists of not more than two acres on one or more contiguous lots across a street and opposite said cemetery land, and its use for cemetery purposes has been approved by the city council after a public hearing. Notice of such public hearing shall be published pursuant to the requirements of section 1506 of the not-for-profit corporation law, or successor provision of law, in a newspaper of general circulation. The applicant shall submit to the council proof of publication in the form of a signed certificate of publication, with the affidavits of publication of such newspaper annexed thereto. The applicant shall pay the costs of such publication. (Am. L.L. 2018/109, 6/9/2018), eff. 6/9/2018

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters