Mayor Ed Gainey made a long-awaited initial public move to tap major nonprofits on Tuesday, announcing a citywide review of tax-exempt property to determine where that status should be challenged.

The initiative appears to be Gaineyโ€™s first step toward fulfilling one of the key promises of his 2021 campaign โ€” making healthcare giant UPMC and potentially others โ€œpay their fair shareโ€ of public costs. He will be the third consecutive Pittsburgh mayor to wrestle with a Pittsburgh dilemma: Renowned hospitals and universities bring jobs and prosperity, but they pay relatively little into the cityโ€™s operating funds. 

UPMC wrote to PublicSource following Gaineyโ€™s announcement that UPMC has โ€œlong been committed to being a great neighborโ€ to Pittsburgh. โ€œThe City of Pittsburgh and Mayor Ed Gainey, with whom we have met, are aware of UPMCโ€™s ongoing support and can count on our full participation in programs that are fair and equitable and include the regionโ€™s other major nonprofits,โ€ said UPMCโ€™s chief communications officer, Paul Wood.

Mondayโ€™s executive order impacted all nonprofits generally, but UPMC has the most property โ€” and money โ€” at stake. 

Almost 20% of property in Pittsburgh is privately owned and tax-exempt. If those properties were taxable, the city would collect an additional $50 million annually. With the city budget tightening and federal relief funds running out in 2024, tapping into that pool of money could go a long way to stabilizing the cityโ€™s finances.

From left, Maria Montaรฑo, press secretary for Mayor Ed Gainey, Pittsburgh Mayor Ed Gainey, Krysia M. Kubiak, Chief Legal Officer and City Solicitor, and Jen Gula, Director of Finance and Treasurer for the city, announce a city-led review of non-profit tax-exempt property in Pittsburgh on Tuesday, Jan. 24, 2023, at the mayorโ€™s City-County Building offices in Downtown. (Photo by Stephanie Strasburg/PublicSource)
From left, Maria Montaรฑo, press secretary for Mayor Ed Gainey, Pittsburgh Mayor Ed Gainey, Krysia M. Kubiak, city solicitor, and Jen Gula, director of finance and treasurer for the city, announce a city-led review of non-profit tax-exempt property in Pittsburgh on Tuesday, Jan. 24, 2023, at the mayorโ€™s City-County Building offices in Downtown. Almost 20% of property in Pittsburgh is privately owned and tax-exempt. (Photo by Stephanie Strasburg/PublicSource)

โ€œWe need this money to properly run the city,โ€ Solicitor Krysia Kubiak said.

Gainey will not seek to wholly revoke the nonprofit status of any organization; he is instead directing city lawyers to examine each piece of tax-exempt property to determine if the owner is using it specifically for a qualifying charitable purpose.

A Pennsylvania Supreme Court ruling set out a five-pronged test for qualification as a charity, including that organizations must:

  • Advance a charitable purpose
  • Donate a substantial portion of its services
  • Benefit a class of people that are legitimate subjects of charity
  • Relieve the government of some of its burden
  • Operate without seeking private profit.

“If you pass the test, then the city is truly benefiting from your presence and your exemption has been earned,” Gainey said at a press conference. “However, if you fail to meet our constitutional standards, then we will make sure that you are paying your fair share to our city.”

A map of tax-exempt parcels in the city of Pittsburgh, highlighted in orange. About 20% of privately owned land in the city is tax-exempt. (Courtesy of the City of Pittsburgh)
A map of Pittsburgh with tax-exempt parcels highlighted in orange. Almost 20% of property in Pittsburgh is privately owned and tax-exempt. (Courtesy of the City of Pittsburgh)

City lawyers could pick and choose which parcels to challenge on the grounds they donโ€™t meet these five requirements, chipping away at that $50 million in exempt taxes. Kubiak said that the review could take more than a year to complete, and that the city will start with the largest properties. She said the city will take action on properties that fail the test on a rolling basis as they are discovered.

State Senate Democratic Leader Jay Costa, of Forest Hills, said in a statement that he supports Gaineyโ€™s plan. 

โ€œItโ€™s crucial that every public charity demonstrate that itโ€™s holding up its end of the bargain and meeting its charitable obligations to our friends and neighbors,โ€ Costa said.

UPMC isnโ€™t specifically named in Mondayโ€™s executive order, but the healthcare giant was in Gaineyโ€™s crosshairs during his 2021 campaign. It owns a quarter of the cityโ€™s privately owned tax-exempt property, worth a total of $1.7 billion. If that portfolio was taxable, city property taxes would net almost $14 million a year. An additional $35 million would be owed to the city schools and $9 million would go to the county.

Challenging tax-exempt status will be difficult, and Gainey is not the first mayor to try. Former Mayor Luke Ravenstahl filed a lawsuit challenging UPMCโ€™s charitable status in 2013. His successor, Bill Peduto, dropped the lawsuit, saying it would not yield results for the city. Instead he launched the OnePGH program, seeking voluntary contributions from nonprofits. The program did not approach its initial targets, Peduto was voted out and Gainey ended OnePGH in 2022. 

UPMC is the cityโ€™s largest tax-exempt landowner, but there are big implications for other organizations, too. The University of Pittsburgh owns $1.4 billion worth of tax-exempt property in the city, and Highmark/AHN, Carnegie Mellon University and Duquesne University each own hundreds of millions worth.

A Pitt spokesperson said to PublicSource in an email Tuesday that the university is a โ€œsteadfast economic engine for the cityโ€ and that it looks forward to continuing to work with the mayor.

From left, Pittsburgh Mayor Ed Gainey, Krysia M. Kubiak, Chief Legal Officer and City Solicitor, and Jen Gula, Director of Finance and Treasurer for the city, walk past a map of the cityโ€™s tax-exempt property after announcing a review of those parcels on Tuesday, Jan. 24, 2023, at the mayorโ€™s City-County Building offices in Downtown. Of all city nonprofits, UPMC has the most property up for examination in the process. (Photo by Stephanie Strasburg/PublicSource)
From left, Pittsburgh Mayor Ed Gainey, Krysia M. Kubiak, city solicitor, and Jen Gula, director of finance and treasurer for the city, walk past a map of the cityโ€™s tax-exempt property after announcing a review of those parcels on Tuesday, Jan. 24, 2023, at the mayorโ€™s City-County Building offices in Downtown. Of all nonprofits, UPMC has the most property up for examination in the process. (Photo by Stephanie Strasburg/PublicSource)

A report produced by the city and county controllers last year floated the idea of creating Payment-in-Lieu-of-Tax (PILOT) agreements between the city and major nonprofits in which the nonprofits would voluntarily pay a fraction of what they save from their tax exemptions. Gainey held private talks with UPMC and Highmark leaders, but reported no result.

โ€œWe had conversations with a couple nonprofits, and we continue to have those conversations,โ€ Gainey said. โ€œBut we feel like this is the direction we need to go right now.โ€

Clarification: The state Supreme Court ruling that purely public charities do not seek private profit does rule out their receipt of revenue beyond their expenses.

Editor’s note: Comments received after initial publication have been added to this story.

Charlie Wolfson is PublicSourceโ€™s local government reporter and a Report for America corps member. He can be reached at charlie@publicsource.org and on Twitter @chwolfson.

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Charlie Wolfson is an enterprise reporter for Pittsburgh's Public Source, focusing on local government accountability and politics in Pittsburgh and Allegheny County. He was a Report for America corps...