NY Pub Bldgs L § 10 (2021)
2021 New York Laws PBB - Public Buildings Article 2 - Commissioner of General Services 10 - Disposal of Buildings and Improvements on State Lands, or on Lands Under Lease to the State.

§ 10.  Disposal  of  buildings  and improvements on state lands, or on   lands under lease to the state. 1. Except as provided in subdivision two   of this section, whenever the head of any  agency,  board,  division  or   commission,  with  the approval of the director of the budget, (a) shall   certify to the commissioner of general services  that  any  property  on   state  land  or  on  land  under  lease  to  the state and consisting of   buildings with or without  fixtures  attached  thereto,  and  any  other   improvements  upon  such lands, are unfit, not adapted or not needed for   use by  such  agency,  board,  division  or  commission  and  (b)  shall   recommend  for  reasons  to  be stated, that the said property should be   disposed of, the commissioner of general services shall,  after  causing   an  investigation  to  be  made,  dispose  of  said  property by sale or   demolition as will best promote the public interest. Public notice of  a   proposed  sale  where  the value of the property to be sold exceeds five   thousand dollars shall be given  by  advertising  at  least  once  in  a   newspaper  published  and  having a general circulation in the county in   which such lands are located and in such other newspaper  or  newspapers   as  the  commissioner of general services may deem to be necessary. Such   advertisement shall give a  general  description  and  location  of  the   property  and  the terms of the sale and the date on which proposals for   the same will be received  by  the  commissioner  of  general  services.   Should  any  or  all  of  the  offers  so  received  be  deemed  by  the   commissioner of general services to be too low, he or she may dispose of   such property so advertised at private sale within ninety  days  of  the   opening  of  the  bids,  provided  that  no  such  private sale shall be   consummated at a price lower than that submitted as a result  of  public   advertising.  The  commissioner  of general services shall also have the   power to demolish such property either by contract or, if such  property   is  located  on lands which are under the jurisdiction of the department   of corrections and community supervision, the work  of  such  demolition   may  be  done  by  the incarcerated individuals of the institution where   such property is located, provided  however  that  the  commissioner  of   corrections and community supervision shall consent to the employment of   the  incarcerated individuals for the work of demolition. The provisions   of this subdivision shall be effective notwithstanding the provisions of   any other general or special law relating to the disposal  of  buildings   with  the  fixtures  attached  thereto or of any improvements upon lands   belonging to or under lease to the state, and any such statute or  parts   thereof   relating   to   such   disposal  of  buildings,  fixtures  and   improvements insofar as they are inconsistent  with  the  provisions  of   this  section  are hereby superseded. A record of any such sale shall be   filed with the state agency head above referred to and the  proceeds  of   such  sale  or  disposal shall be paid into the treasury of the state to   the credit of the capital projects fund.2. The provisions of subdivision one of this section shall  not  apply   to  any  buildings  or  parts  thereof or to any other improvements upon   lands that have  been  or  that  shall  hereafter  be  acquired  by  the   commissioner   of   transportation   for  purposes  connected  with  the   construction, reconstruction, improvement  or  maintenance  of  a  state   highway  or  other  duly authorized project or to any buildings or parts   thereof or to any other improvements upon lands that have been  or  that   shall  hereafter  be acquired by the trustees of the state university of   New York for purposes connected with the  construction,  reconstruction,   rehabilitation,   improvement   or  maintenance  of  the  facilities  or   installations of the state university or other duly authorized  project.   In  any  such project, the commissioner of transportation or in the case   of a duly authorized project of the state university,  the  trustees  of   the state university may (a) provide in any agreement of adjustment with    the  claimant  who owned such buildings or improvements for the disposal   of such buildings or  improvements  by  removal,  (b)  provide  for  the   demolition  of such buildings or improvements, (c) permit, on such terms   as  he  or she or such trustees, as the case may be, may deem beneficial   to the state, the temporary use  and  occupancy  of  such  buildings  or   improvements  pending  prosecution  of  actual  construction work on the   project, or (d) dispose of such buildings or improvements by such  other   arrangement as the commissioner of transportation or the trustees of the   state  university,  as  the  case may be, may deem advisable. The use or   occupancy of any such property pursuant to any license, lease or  permit   under  the  provisions of this section and the right of the commissioner   of transportation or the trustees of the state university, as  the  case   may  be,  as  agent  for  the  state,  to recover possession of any such   building or improvement or of the property  upon  which  it  is  located   shall not be subject to the emergency housing rent control law. Where it   is  necessary  to cause the removal of an occupant of any such property,   the  commissioner  of  transportation  or  the  trustees  of  the  state   university,  as  the case may be, as agent for the state, may cause such   occupant to be removed therefrom and the immediate possession thereof to   be delivered to him or her or to them, as the case may be, as  agent  of   the  state  in  the  same manner and by the same proceedings in the same   court or before the same judge or justice as is now or hereafter may  be   provided  by  law  for  the  removal  of a tenant holding over after the   expiration of his or her term without the permission  of  the  landlord.   The  proceedings  shall  be  brought  in the name of the commissioner of   transportation or the trustees of the state university, as the case  may   be,  as agent of the state, and include as part of the relief a judgment   for any amounts which may be due for said occupancy. All monies received   by the trustees of the state university pursuant to this  section  shall   be paid into the state university income fund as established pursuant to   subdivision  four  of  section three hundred fifty-five of the education   law.