State Codes and Statutes

Statutes > New-york > Pvh > Article-9 > 501

§   501.   Proceedings   to   acquire.  1.  A  housing  company  or  a  limited-profit  housing  company   electing   to   acquire   through   a  municipality,  may  petition  the  municipality to institute proceedings  under any applicable general, special or local law, to acquire  property  described  in  the  petition  for a project. The resolution granting the  petition shall set forth the amount to be paid by the housing company or  limited-profit housing company to the municipality for such property  or  in  lieu  thereof  that  the  housing  company or limited-profit housing  company shall pay to the municipality all sums expended or  required  to  be expended by the municipality in the acquisition thereof, and the time  of  payment and manner of securing payment thereof, and may require that  the municipality shall receive, before proceeding with  the  acquisition  of  such property, such assurances as to payment or reimbursement by the  housing company or limited-profit housing company or  otherwise  as  the  municipality may deem advisable. Upon the passage of a resolution by the  local  legislative  body  of the municipality granting the petition, the  housing company or limited-profit housing company shall cause two copies  of surveys or maps of the property described in the petition to be made,  one of which shall be filed in the office  of  the  housing  company  or  limited-profit  housing  company,  one  in the office of the corporation  counsel or chief law officer of the municipality.  The  filing  of  such  copies of surveys or maps shall be conclusive evidence of the acceptance  by  the  housing  company or limited-profit housing company of the terms  and conditions of such  resolution.  The  municipality  may  proceed  in  accordance with the provisions of the eminent domain procedure law. When  title  to  the  property shall have vested in the municipality, it shall  convey the same to the housing company or limited-profit housing company  upon payment by the housing company or limited-profit housing company of  the sums and the giving of  the  security  required  by  the  resolution  granting  the  petition.  As  soon  as  title  shall  have vested in the  municipality, the housing company or limited-profit housing company may,  upon the authorization of the mayor, enter upon the property taken, take  over and dispose of existing improvements, and carry out  the  terms  of  the   project   with   respect  thereto.  Whenever  in  connection  with  acquisition proceedings, requirement is made in any applicable  general,  special  or  local  law for the performance of an act by a department or  officer of the municipality, it shall be regarded for  the  purposes  of  this  section  as compliance therewith if with the approval of the mayor  such act is performed by the housing company or  limited-profit  housing  company or by persons specially designated by it.    2.  In  any proceedings for the assessment of compensation and damages  for property taken or to be taken by condemnation by or  for  a  housing  company  or  limited-profit  housing  company,  the following provisions  shall be applicable:    (a) Evidence of the price and other terms upon any sale  or  the  rent  received  or  reserved,  whichever  is  less,  and  other terms upon any  option, lease or tenancy relating to any of the property taken or to  be  taken  or  to any similar property in the vicinity when the option, sale  or lease was given, occurred or the tenancy existed, within a reasonable  time of the trial, shall be admissible on  direct  examination.  At  any  stage  of  the  proceeding, the court or tribunal may require such prior  notice to be given of an intention to introduce evidence as to the sale,  option, leasing or tenancy of property other than the property  directly  involved in the proceeding and of particulars relating thereto as it may  deem necessary to prevent surprise.    (b) The deposition of any person, whether or not a party, may be taken  in  the  manner provided by article thirty-one of the civil practice law  and rules, and the provisions of this section. Such  deposition  may  betaken  upon any question or issue in the proceeding, including the facts  as to any sale, option, lease or tenancy admissible in evidence pursuant  to this subdivision. The deposition may be taken at the instance of  the  housing  company  or limited-profit housing company, the municipality or  of any owner or at the direction of the court, at any  time  during  the  pendency  of the action or proceeding. At least five days' notice, or if  service is through the mails, at least  eight  days'  notice,  shall  be  given of the taking of the testimony, if on the part of an owner, to the  housing  company  or  limited-profit  housing  company  and to all other  owners who have appeared in the proceeding; if by the housing company or  limited-profit housing company or a municipality, to all owners who have  appeared in the proceeding.    (c) Any time during the pendency of  such  action  or  proceedings,  a  housing  company  or  limited-profit housing company, municipality or an  owner may apply to the court for an order  directing  an  owner  or  the  housing  company  or limited-profit housing company or the municipality,  as the case may be, to show cause why further proceedings should not  be  expedited,  and  the  court  may  upon  such  application  make an order  requiring that the hearings proceed and that any other  steps  be  taken  with all possible expedition.    (d)  For the purposes of this article, the award of compensation shall  not be increased by reason of any increase in the value of the  property  caused  by  the  clearance,  reconstruction  or  proposed  clearance  or  reconstruction for the purposes of this chapter of the  property  or  of  the  area  in which the property is situated. No allowance shall be made  for improvements begun on property after notice to  the  owner  of  such  property of the institution of the proceedings to condemn such property.    (e)  Evidence  shall be admissible bearing upon the insanitary, unsafe  or substandard condition of the premises, or the illegal use thereof, or  the enhancement of rentals from such illegal use, and such evidence  may  be  considered  in  fixing  the compensation to be paid, notwithstanding  that no steps to remedy or abate such conditions have been taken by  the  department  or  officers having jurisdiction. If a violation order is on  file against the premises in any such department,  it  shall  constitute  prima facie evidence of the existence of the condition specified in such  order.    (f) If any of the property included within the project is devoted to a  public  use,  it  may nevertheless be acquired provided that no property  belonging to the municipality or  to  any  government  may  be  acquired  without  its  consent,  and  no  property  belonging to a public utility  corporation may be acquired without the approval of  the  commission  or  other officer or tribunal having regulatory power over such corporation.    (g)  Upon the trial, evidence of the price and other terms upon a sale  or assignment or of a contract for the sale or assignment of a mortgage,  award, proposed award, transfer of a tax lien  or  lien  of  a  judgment  relating  to  property taken, shall be relevant, material and competent,  upon the issue of value or damage and  shall  be  admissible  on  direct  examination.    (h)  Upon  the  trial  a  statement,  affidavit,  deposition,  report,  transcript of testimony in an action or proceeding, or appraisal made or  given by any owner or prior owner of  the  premises  taken,  or  by  any  person  on  his behalf, to any court, governmental bureau, department or  agency respecting the value of the property for tax purposes,  shall  be  relevant,  material  and competent upon the issue of value or damage and  shall be admissible on direct examination.    (i) The term "owner," as used in this section, shall include a  person  having an estate, interest or easement in the property to be acquired or  a lien, charge or encumbrance thereon.3.  The term "housing company", as used in this section, shall include  a housing development fund company organized pursuant to the  provisions  of article eleven of this chapter.

State Codes and Statutes

Statutes > New-york > Pvh > Article-9 > 501

§   501.   Proceedings   to   acquire.  1.  A  housing  company  or  a  limited-profit  housing  company   electing   to   acquire   through   a  municipality,  may  petition  the  municipality to institute proceedings  under any applicable general, special or local law, to acquire  property  described  in  the  petition  for a project. The resolution granting the  petition shall set forth the amount to be paid by the housing company or  limited-profit housing company to the municipality for such property  or  in  lieu  thereof  that  the  housing  company or limited-profit housing  company shall pay to the municipality all sums expended or  required  to  be expended by the municipality in the acquisition thereof, and the time  of  payment and manner of securing payment thereof, and may require that  the municipality shall receive, before proceeding with  the  acquisition  of  such property, such assurances as to payment or reimbursement by the  housing company or limited-profit housing company or  otherwise  as  the  municipality may deem advisable. Upon the passage of a resolution by the  local  legislative  body  of the municipality granting the petition, the  housing company or limited-profit housing company shall cause two copies  of surveys or maps of the property described in the petition to be made,  one of which shall be filed in the office  of  the  housing  company  or  limited-profit  housing  company,  one  in the office of the corporation  counsel or chief law officer of the municipality.  The  filing  of  such  copies of surveys or maps shall be conclusive evidence of the acceptance  by  the  housing  company or limited-profit housing company of the terms  and conditions of such  resolution.  The  municipality  may  proceed  in  accordance with the provisions of the eminent domain procedure law. When  title  to  the  property shall have vested in the municipality, it shall  convey the same to the housing company or limited-profit housing company  upon payment by the housing company or limited-profit housing company of  the sums and the giving of  the  security  required  by  the  resolution  granting  the  petition.  As  soon  as  title  shall  have vested in the  municipality, the housing company or limited-profit housing company may,  upon the authorization of the mayor, enter upon the property taken, take  over and dispose of existing improvements, and carry out  the  terms  of  the   project   with   respect  thereto.  Whenever  in  connection  with  acquisition proceedings, requirement is made in any applicable  general,  special  or  local  law for the performance of an act by a department or  officer of the municipality, it shall be regarded for  the  purposes  of  this  section  as compliance therewith if with the approval of the mayor  such act is performed by the housing company or  limited-profit  housing  company or by persons specially designated by it.    2.  In  any proceedings for the assessment of compensation and damages  for property taken or to be taken by condemnation by or  for  a  housing  company  or  limited-profit  housing  company,  the following provisions  shall be applicable:    (a) Evidence of the price and other terms upon any sale  or  the  rent  received  or  reserved,  whichever  is  less,  and  other terms upon any  option, lease or tenancy relating to any of the property taken or to  be  taken  or  to any similar property in the vicinity when the option, sale  or lease was given, occurred or the tenancy existed, within a reasonable  time of the trial, shall be admissible on  direct  examination.  At  any  stage  of  the  proceeding, the court or tribunal may require such prior  notice to be given of an intention to introduce evidence as to the sale,  option, leasing or tenancy of property other than the property  directly  involved in the proceeding and of particulars relating thereto as it may  deem necessary to prevent surprise.    (b) The deposition of any person, whether or not a party, may be taken  in  the  manner provided by article thirty-one of the civil practice law  and rules, and the provisions of this section. Such  deposition  may  betaken  upon any question or issue in the proceeding, including the facts  as to any sale, option, lease or tenancy admissible in evidence pursuant  to this subdivision. The deposition may be taken at the instance of  the  housing  company  or limited-profit housing company, the municipality or  of any owner or at the direction of the court, at any  time  during  the  pendency  of the action or proceeding. At least five days' notice, or if  service is through the mails, at least  eight  days'  notice,  shall  be  given of the taking of the testimony, if on the part of an owner, to the  housing  company  or  limited-profit  housing  company  and to all other  owners who have appeared in the proceeding; if by the housing company or  limited-profit housing company or a municipality, to all owners who have  appeared in the proceeding.    (c) Any time during the pendency of  such  action  or  proceedings,  a  housing  company  or  limited-profit housing company, municipality or an  owner may apply to the court for an order  directing  an  owner  or  the  housing  company  or limited-profit housing company or the municipality,  as the case may be, to show cause why further proceedings should not  be  expedited,  and  the  court  may  upon  such  application  make an order  requiring that the hearings proceed and that any other  steps  be  taken  with all possible expedition.    (d)  For the purposes of this article, the award of compensation shall  not be increased by reason of any increase in the value of the  property  caused  by  the  clearance,  reconstruction  or  proposed  clearance  or  reconstruction for the purposes of this chapter of the  property  or  of  the  area  in which the property is situated. No allowance shall be made  for improvements begun on property after notice to  the  owner  of  such  property of the institution of the proceedings to condemn such property.    (e)  Evidence  shall be admissible bearing upon the insanitary, unsafe  or substandard condition of the premises, or the illegal use thereof, or  the enhancement of rentals from such illegal use, and such evidence  may  be  considered  in  fixing  the compensation to be paid, notwithstanding  that no steps to remedy or abate such conditions have been taken by  the  department  or  officers having jurisdiction. If a violation order is on  file against the premises in any such department,  it  shall  constitute  prima facie evidence of the existence of the condition specified in such  order.    (f) If any of the property included within the project is devoted to a  public  use,  it  may nevertheless be acquired provided that no property  belonging to the municipality or  to  any  government  may  be  acquired  without  its  consent,  and  no  property  belonging to a public utility  corporation may be acquired without the approval of  the  commission  or  other officer or tribunal having regulatory power over such corporation.    (g)  Upon the trial, evidence of the price and other terms upon a sale  or assignment or of a contract for the sale or assignment of a mortgage,  award, proposed award, transfer of a tax lien  or  lien  of  a  judgment  relating  to  property taken, shall be relevant, material and competent,  upon the issue of value or damage and  shall  be  admissible  on  direct  examination.    (h)  Upon  the  trial  a  statement,  affidavit,  deposition,  report,  transcript of testimony in an action or proceeding, or appraisal made or  given by any owner or prior owner of  the  premises  taken,  or  by  any  person  on  his behalf, to any court, governmental bureau, department or  agency respecting the value of the property for tax purposes,  shall  be  relevant,  material  and competent upon the issue of value or damage and  shall be admissible on direct examination.    (i) The term "owner," as used in this section, shall include a  person  having an estate, interest or easement in the property to be acquired or  a lien, charge or encumbrance thereon.3.  The term "housing company", as used in this section, shall include  a housing development fund company organized pursuant to the  provisions  of article eleven of this chapter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pvh > Article-9 > 501

§   501.   Proceedings   to   acquire.  1.  A  housing  company  or  a  limited-profit  housing  company   electing   to   acquire   through   a  municipality,  may  petition  the  municipality to institute proceedings  under any applicable general, special or local law, to acquire  property  described  in  the  petition  for a project. The resolution granting the  petition shall set forth the amount to be paid by the housing company or  limited-profit housing company to the municipality for such property  or  in  lieu  thereof  that  the  housing  company or limited-profit housing  company shall pay to the municipality all sums expended or  required  to  be expended by the municipality in the acquisition thereof, and the time  of  payment and manner of securing payment thereof, and may require that  the municipality shall receive, before proceeding with  the  acquisition  of  such property, such assurances as to payment or reimbursement by the  housing company or limited-profit housing company or  otherwise  as  the  municipality may deem advisable. Upon the passage of a resolution by the  local  legislative  body  of the municipality granting the petition, the  housing company or limited-profit housing company shall cause two copies  of surveys or maps of the property described in the petition to be made,  one of which shall be filed in the office  of  the  housing  company  or  limited-profit  housing  company,  one  in the office of the corporation  counsel or chief law officer of the municipality.  The  filing  of  such  copies of surveys or maps shall be conclusive evidence of the acceptance  by  the  housing  company or limited-profit housing company of the terms  and conditions of such  resolution.  The  municipality  may  proceed  in  accordance with the provisions of the eminent domain procedure law. When  title  to  the  property shall have vested in the municipality, it shall  convey the same to the housing company or limited-profit housing company  upon payment by the housing company or limited-profit housing company of  the sums and the giving of  the  security  required  by  the  resolution  granting  the  petition.  As  soon  as  title  shall  have vested in the  municipality, the housing company or limited-profit housing company may,  upon the authorization of the mayor, enter upon the property taken, take  over and dispose of existing improvements, and carry out  the  terms  of  the   project   with   respect  thereto.  Whenever  in  connection  with  acquisition proceedings, requirement is made in any applicable  general,  special  or  local  law for the performance of an act by a department or  officer of the municipality, it shall be regarded for  the  purposes  of  this  section  as compliance therewith if with the approval of the mayor  such act is performed by the housing company or  limited-profit  housing  company or by persons specially designated by it.    2.  In  any proceedings for the assessment of compensation and damages  for property taken or to be taken by condemnation by or  for  a  housing  company  or  limited-profit  housing  company,  the following provisions  shall be applicable:    (a) Evidence of the price and other terms upon any sale  or  the  rent  received  or  reserved,  whichever  is  less,  and  other terms upon any  option, lease or tenancy relating to any of the property taken or to  be  taken  or  to any similar property in the vicinity when the option, sale  or lease was given, occurred or the tenancy existed, within a reasonable  time of the trial, shall be admissible on  direct  examination.  At  any  stage  of  the  proceeding, the court or tribunal may require such prior  notice to be given of an intention to introduce evidence as to the sale,  option, leasing or tenancy of property other than the property  directly  involved in the proceeding and of particulars relating thereto as it may  deem necessary to prevent surprise.    (b) The deposition of any person, whether or not a party, may be taken  in  the  manner provided by article thirty-one of the civil practice law  and rules, and the provisions of this section. Such  deposition  may  betaken  upon any question or issue in the proceeding, including the facts  as to any sale, option, lease or tenancy admissible in evidence pursuant  to this subdivision. The deposition may be taken at the instance of  the  housing  company  or limited-profit housing company, the municipality or  of any owner or at the direction of the court, at any  time  during  the  pendency  of the action or proceeding. At least five days' notice, or if  service is through the mails, at least  eight  days'  notice,  shall  be  given of the taking of the testimony, if on the part of an owner, to the  housing  company  or  limited-profit  housing  company  and to all other  owners who have appeared in the proceeding; if by the housing company or  limited-profit housing company or a municipality, to all owners who have  appeared in the proceeding.    (c) Any time during the pendency of  such  action  or  proceedings,  a  housing  company  or  limited-profit housing company, municipality or an  owner may apply to the court for an order  directing  an  owner  or  the  housing  company  or limited-profit housing company or the municipality,  as the case may be, to show cause why further proceedings should not  be  expedited,  and  the  court  may  upon  such  application  make an order  requiring that the hearings proceed and that any other  steps  be  taken  with all possible expedition.    (d)  For the purposes of this article, the award of compensation shall  not be increased by reason of any increase in the value of the  property  caused  by  the  clearance,  reconstruction  or  proposed  clearance  or  reconstruction for the purposes of this chapter of the  property  or  of  the  area  in which the property is situated. No allowance shall be made  for improvements begun on property after notice to  the  owner  of  such  property of the institution of the proceedings to condemn such property.    (e)  Evidence  shall be admissible bearing upon the insanitary, unsafe  or substandard condition of the premises, or the illegal use thereof, or  the enhancement of rentals from such illegal use, and such evidence  may  be  considered  in  fixing  the compensation to be paid, notwithstanding  that no steps to remedy or abate such conditions have been taken by  the  department  or  officers having jurisdiction. If a violation order is on  file against the premises in any such department,  it  shall  constitute  prima facie evidence of the existence of the condition specified in such  order.    (f) If any of the property included within the project is devoted to a  public  use,  it  may nevertheless be acquired provided that no property  belonging to the municipality or  to  any  government  may  be  acquired  without  its  consent,  and  no  property  belonging to a public utility  corporation may be acquired without the approval of  the  commission  or  other officer or tribunal having regulatory power over such corporation.    (g)  Upon the trial, evidence of the price and other terms upon a sale  or assignment or of a contract for the sale or assignment of a mortgage,  award, proposed award, transfer of a tax lien  or  lien  of  a  judgment  relating  to  property taken, shall be relevant, material and competent,  upon the issue of value or damage and  shall  be  admissible  on  direct  examination.    (h)  Upon  the  trial  a  statement,  affidavit,  deposition,  report,  transcript of testimony in an action or proceeding, or appraisal made or  given by any owner or prior owner of  the  premises  taken,  or  by  any  person  on  his behalf, to any court, governmental bureau, department or  agency respecting the value of the property for tax purposes,  shall  be  relevant,  material  and competent upon the issue of value or damage and  shall be admissible on direct examination.    (i) The term "owner," as used in this section, shall include a  person  having an estate, interest or easement in the property to be acquired or  a lien, charge or encumbrance thereon.3.  The term "housing company", as used in this section, shall include  a housing development fund company organized pursuant to the  provisions  of article eleven of this chapter.