NY Priv Hous Fin L § 501 (2021)
2021 New York Laws PVH - Private Housing Finance Article 9 - Acquisition of Property 501 - Proceedings to Acquire.

§   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  be  taken  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.