§ 305. Use and occupancy.
(A)A condemnee, tenant or other person\nholding, using or occupying property acquired pursuant to this chapter,\nshall be liable to the condemnor for the fair and reasonable value of\nsuch holding, use or occupancy from the date of acquisition to the date\nthe property is vacated and possession surrendered to the condemnor.\nProvided, however, that in the event the property at the time of\nacquisition is occupied by the former owner for residential purposes,\nthe liability of such former owner for the fair and reasonable value of\nsuch residential holding shall not commence until ninety days after the\ndate of acquisition or until the date on which the property ceases to be\noccupied by the former owner for residential purposes, whichever occurs\nfirst.\n (B)
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§ 305. Use and occupancy. (A) A condemnee, tenant or other person\nholding, using or occupying property acquired pursuant to this chapter,\nshall be liable to the condemnor for the fair and reasonable value of\nsuch holding, use or occupancy from the date of acquisition to the date\nthe property is vacated and possession surrendered to the condemnor.\nProvided, however, that in the event the property at the time of\nacquisition is occupied by the former owner for residential purposes,\nthe liability of such former owner for the fair and reasonable value of\nsuch residential holding shall not commence until ninety days after the\ndate of acquisition or until the date on which the property ceases to be\noccupied by the former owner for residential purposes, whichever occurs\nfirst.\n (B) The amount of the fair and reasonable value for such temporary use\nand occupancy established by the condemnor shall be paid to the\ncondemnor at reasonable intervals; any amount due and payable may be\nretained by the condemnor from any unpaid damage or consideration to be\npaid by it to such condemnee, tenant or other person for the property or\ninterest therein acquired from him. Either party may bring an action and\nmake application to a court of competent jurisdiction to establish the\nfair and reasonable amount of money due for such holding, use or\noccupancy of the property, in the event the value established by the\ncondemnor is unacceptable. The condemnor may enforce any judgment\nensuing from such actions according to the applicable provisions of law.\n (C) Where a condemnee, tenant or other person holding, using or\noccupying property acquired pursuant to this chapter is entitled to an\naward for the acquisition of the property by the condemnor, any unpaid\nportion of the sum fixed for use and occupancy either by agreement,\nexpressed or implied, or by court action to establish the same, shall be\na lien against such award, or payment by agreement, subject only to\nliens of record at the time of the vesting of title in the condemnor and\nliens under section four hundred seventy-five of the judiciary law.\n