§ 501 — Proceedings to acquire

New York § 501

• Jurisdiction: New York
• Law PVH: Private Housing Finance
• Art. 9: Acquisition of Property

Text

§ 501. Proceedings to acquire. 1. A housing company or a\nlimited-profit housing company electing to acquire through a\nmunicipality, may petition the municipality to institute proceedings\nunder any applicable general, special or local law, to acquire property\ndescribed in the petition for a project. The resolution granting the\npetition shall set forth the amount to be paid by the housing company or\nlimited-profit housing company to the municipality for such property or\nin lieu thereof that the housing company or limited-profit housing\ncompany shall pay to the municipality all sums expended or required to\nbe expended by the municipality in the acquisition thereof, and the time\nof payment and manner of securing payment thereof, and may require that\nthe municipality shall receive, before proceeding with the acquisition\nof such property, such assurances as to payment or reimbursement by the\nhousing company or limited-profit housing company or otherwise as the\nmunicipality may deem advisable. Upon the passage of a resolution by the\nlocal legislative body of the municipality granting the petition, the\nhousing company or limited-profit housing company shall cause two copies\nof surveys or maps of the property described in the petition to be made,\none of which shall be filed in the office of the housing company or\nlimited-profit housing company, one in the office of the corporation\ncounsel or chief law officer of the municipality. The filing of such\ncopies of surveys or maps shall be conclusive evidence of the acceptance\nby the housing company or limited-profit housing company of the terms\nand conditions of such resolution. The municipality may proceed in\naccordance with the provisions of the eminent domain procedure law. When\ntitle to the property shall have vested in the municipality, it shall\nconvey the same to the housing company or limited-profit housing company\nupon payment by the housing company or limited-profit housing company of\nthe sums and the giving of the security required by the resolution\ngranting the petition. As soon as title shall have vested in the\nmunicipality, the housing company or limited-profit housing company may,\nupon the authorization of the mayor, enter upon the property taken, take\nover and dispose of existing improvements, and carry out the terms of\nthe project with respect thereto. Whenever in connection with\nacquisition proceedings, requirement is made in any applicable general,\nspecial or local law for the performance of an act by a department or\nofficer of the municipality, it shall be regarded for the purposes of\nthis section as compliance therewith if with the approval of the mayor\nsuch act is performed by the housing company or limited-profit housing\ncompany or by persons specially designated by it.\n 2. In any proceedings for the assessment of compensation and damages\nfor property taken or to be taken by condemnation by or for a housing\ncompany or limited-profit housing company, the following provisions\nshall be applicable:\n (a) Evidence of the price and other terms upon any sale or the rent\nreceived or reserved, whichever is less, and other terms upon any\noption, lease or tenancy relating to any of the property taken or to be\ntaken or to any similar property in the vicinity when the option, sale\nor lease was given, occurred or the tenancy existed, within a reasonable\ntime of the trial, shall be admissible on direct examination. At any\nstage of the proceeding, the court or tribunal may require such prior\nnotice to be given of an intention to introduce evidence as to the sale,\noption, leasing or tenancy of property other than the property directly\ninvolved in the proceeding and of particulars relating thereto as it may\ndeem necessary to prevent surprise.\n (b) The deposition of any person, whether or not a party, may be taken\nin the manner provided by article thirty-one of the civil practice law\nand rules, and the provisions of this section. Such deposition may be\ntaken upon any question or issue in the proceeding, including the facts\nas to any sale, option, lease or tenancy admissible in evidence pursuant\nto this subdivision. The deposition may be taken at the instance of the\nhousing company or limited-profit housing company, the municipality or\nof any owner or at the direction of the court, at any time during the\npendency of the action or proceeding. At least five days' notice, or if\nservice is through the mails, at least eight days' notice, shall be\ngiven of the taking of the testimony, if on the part of an owner, to the\nhousing company or limited-profit housing company and to all other\nowners who have appeared in the proceeding; if by the housing company or\nlimited-profit housing company or a municipality, to all owners who have\nappeared in the proceeding.\n (c) Any time during the pendency of such action or proceedings, a\nhousing company or limited-profit housing company, municipality or an\nowner may apply to the court for an order directing an owner or the\nhousing company or limited-profit housing company or the municipality,\nas the case may be, to show cause why further proceedings should not be\nexpedited, and the court may upon such application make an order\nrequiring that the hearings proceed and that any other steps be taken\nwith all possible expedition.\n (d) For the purposes of this article, the award of compensation shall\nnot be increased by reason of any increase in the value of the property\ncaused by the clearance, reconstruction or proposed clearance or\nreconstruction for the purposes of this chapter of the property or of\nthe area in which the property is situated. No allowance shall be made\nfor improvements begun on property after notice to the owner of such\nproperty of the institution of the proceedings to condemn such property.\n (e) Evidence shall be admissible bearing upon the insanitary, unsafe\nor substandard condition of the premises, or the illegal use thereof, or\nthe enhancement of rentals from such illegal use, and such evidence may\nbe considered in fixing the compensation to be paid, notwithstanding\nthat no steps to remedy or abate such conditions have been taken by the\ndepartment or officers having jurisdiction. If a violation order is on\nfile against the premises in any such department, it shall constitute\nprima facie evidence of the existence of the condition specified in such\norder.\n (f) If any of the property included within the project is devoted to a\npublic use, it may nevertheless be acquired provided that no property\nbelonging to the municipality or to any government may be acquired\nwithout its consent, and no property belonging to a public utility\ncorporation may be acquired without the approval of the commission or\nother officer or tribunal having regulatory power over such corporation.\n (g) Upon the trial, evidence of the price and other terms upon a sale\nor assignment or of a contract for the sale or assignment of a mortgage,\naward, proposed award, transfer of a tax lien or lien of a judgment\nrelating to property taken, shall be relevant, material and competent,\nupon the issue of value or damage and shall be admissible on direct\nexamination.\n (h) Upon the trial a statement, affidavit, deposition, report,\ntranscript of testimony in an action or proceeding, or appraisal made or\ngiven by any owner or prior owner of the premises taken, or by any\nperson on his behalf, to any court, governmental bureau, department or\nagency respecting the value of the property for tax purposes, shall be\nrelevant, material and competent upon the issue of value or damage and\nshall be admissible on direct examination.\n (i) The term "owner," as used in this section, shall include a person\nhaving an estate, interest or easement in the property to be acquired or\na lien, charge or encumbrance thereon.\n 3. The term "housing company", as used in this section, shall include\na housing development fund company organized pursuant to the provisions\nof article eleven of this chapter.\n