2023 New York Laws › GMU - General Municipal › Article 15 - Urban Renewal › 507 - Disposition of Property.

§  507. Disposition of property. 1. In addition to employing any other
lawful method of utilizing  or  disposing  of  any  real  property,  and
appurtenances thereto or any interest therein owned by a municipality or
acquired  by  it pursuant to section five hundred six of this article, a
municipality may sell, lease for a term not exceeding ninety-nine years,
or otherwise  dispose  of  any  such  real  property  and  appurtenances
thereto,  to  any  person, firm or corporation at the highest marketable
price or rental at public auction or by  sealed  bids  pursuant  to  the
provisions  of any general, special or local laws applicable to the sale
or disposition of real property by said municipality.
2. Notwithstanding anything to the contrary contained in this  article
and  notwithstanding the provisions of any general, special or local law
applicable to the sale of real property by  a  municipality,  such  real
property  and  appurtenances  thereto may be sold, leased for a term not
exceeding  ninety-nine  years  or  otherwise   disposed   of   for   the
effectuation  of  any  of  the  purposes of the urban renewal program in
accordance with the urban renewal plan:
(a) to any limited profit housing company organized  pursuant  to  the
provisions  of  article  two  of the private housing finance law without
public auction or sealed bids;
(b) to any limited dividend  housing  company  organized  pursuant  to
article  four of the private housing finance law or redevolpment company
organized pursuant to article five of the private housing  finance  law,
without public auction or sealed bids provided that notice of such sale,
lease  or  other  disposition  is published and a public hearing is held
before the governing body not less than ten days after such publication;
(c) to any person, firm or corporation designated by  the  agency  and
approved  by  the  governing body as a qualified and eligible sponsor in
accordance with established  rules  and  procedures  prescribed  by  the
agency,  provided  that  (1)  the  agency has published, in at least one
newspaper of general circulation in the municipality at least  ten  days
prior  to  such  sale,  lease or other disposition, a notice which shall
include a statement of the identity of the proposed sponsor and  of  his
proposed  use  or  reuse  of the urban renewal area or of the applicable
portion thereof; such notice shall be in such form and manner as may  be
prescribed  by  the agency and, in the case of projects aided by a state
loan, periodic subsidy or capital grant or in which application has been
made for such loan, subsidy or grant, as approved by  the  commissioner;
(2)  such  proposed  sponsor  agrees  to pay the minimum price or rental
fixed by the agency for such real property; (3)  such  proposed  sponsor
matches  any  bid  higher than the said minimum price or rental, and (4)
such sale, lease or other disposition shall require effectuation of  the
purpose  thereof within a definite and reasonable period of time. In the
event that such qualified and eligible sponsor does not agree to pay the
minimum price or rental fixed by the agency or fails to match any higher
bid than such minimum price or rental, a municipality may, in  its  sole
discretion  and  only if consistent with the urban renewal plan, sell or
lease for a term not exceeding ninety-nine years any such real  property
and  appurtenances  thereto,  to  any  person,  firm or corporation, the
property acquired from such person, firm or corporation or substantially
equivalent property within the urban renewal area,  provided  that  such
former  owner (1) agrees to pay the said minimum price or rental and (2)
matches any higher bid than said minimum price or rental, and
(d) to any person, firm or corporation designated by the agency  as  a
qualified  and eligible sponsor pursuant to the provisions of clause (1)
of subsection (c) of this subdivision without public auction  or  sealed
bids,  provided  that (1) the price or rental to be paid by such sponsor
for such property and all other essential terms and conditions  of  such

sale,  lease  or  other  disposition  shall  be  included  in the notice
published by the agency pursuant to the said clause  (1)  of  subsection
(c)  of this subdivision, (2) that such sale, lease or other disposition
be  approved  by the governing body after a public hearing held not less
than ten days after the publication of such notice, and (3)  such  sale,
lease  or  other  disposition  shall, in the case of projects aided by a
state loan, periodic subsidy or capital grant or  in  which  application
has  been  made  for  such  loan,  subsidy  or grant, be approved by the
commissioner.
(e) for the effectuation of any of the purposes of the  urban  renewal
program  and  in  accordance with the urban renewal plan, a municipality
may grant, sell, convey or  lease,  without  public  hearing  or  public
letting,  to  a public utility subject to the jurisdiction of the public
service commission, for construction and maintenance of  public  utility
systems,  and the conduct and operation thereof, for such length of time
as it may deem advisable, franchises, easements or rights of  ways,  in,
over,  below,  along  or  across  any lands acquired by the municipality
pursuant to this article, upon  such  terms  and  conditions,  for  such
consideration and subject to such restrictions as in the judgment of its
governing  body  shall  seem  proper, provided, the governing body shall
first determine that the use and enjoyment for  such  purposes  of  such
lands  is not inconsistent with the purposes and provisions of the urban
renewal plan.
3.  Any  deed,  lease  or  instrument  by  which  real  property   and
appurtenances  thereto, or air rights and concomitant easements or other
rights of user necessary for the use and development of such air  rights
over streets, alleys, highways or other public rights of way, railway or
subway  tracks,  bridge  or  tunnel  approaches  or  entrances, or other
similar facilities, or air rights  sites  and  necessary  sitework,  the
foundations and platforms constructed or to be constructed in connection
therewith,  or  any interest therein is conveyed or disposed of pursuant
to this section shall contain provisions requiring the purchaser, lessee
or grantee to replan, clear,  rehabilitate,  restore,  renew,  conserve,
improve,  reconstruct  or redevelop such property in accordance with the
urban renewal plan as approved  by  the  governing  body  and  within  a
definite  and  reasonable  period  of  time  subject to the terms of the
contract relating thereto between the municipality and the sponsor,  and
provisions   insuring  the  use  of  such  real  property  for  purposes
consistent with such urban renewal plan.
4. (a) Leases  authorized  by  this  section  may  contain  provisions
subordinating  the  fee  interest  of  a  municipality  to a sponsor for
purposes of pledging or assigning  such  fee  interest  to  the  primary
leasehold mortgagee of said lease, provided that the amount to which the
fee is subordinated shall not exceed the lessee's cost of completing its
obligation  to  replan,  clear,  rehabilitate, restore, renew, conserve,
improve, reconstruct or redevelop such property in accordance  with  the
lease provisions.
(b)  A municipality may execute such instruments as may be required to
implement the provisions of this subdivision.
(c) Leases and such other instruments as may be required shall contain
provisions stating that (1) the municipality shall assume  no  liability
for  any  debt  underlying the pledge or assignment of the fee interest;
(2) the municipality, at its option,  may  satisfy  any  obligation  for
which  the  fee  interest is assigned or pledged; and (3) no foreclosure
action shall be maintained against such subordinated fee interest  until
the  obligation  of the sponsor to replan, clear, rehabilitate, restore,
renew, conserve, improve, reconstruct or  redevelop  such  property  has
been completed in accordance with the lease provisions.
(d)  A  municipality  shall  not  subordinate  its  fee  interest,  as
authorized by this  subdivision,  to  any  leasehold  mortgagee  if  the
municipal  fee  interest  is  to  be  assigned  or  pledged  to  another
governmental agency, public  authority  or  public  benefit  corporation
created  and organized for the purpose of providing primary or secondary
financial assistance for commercial, industrial or business development.
5. In a city having a population of one million or more, the governing
body may, as part of its review of the land use impact and  implications
of  a  disposition  of  property for residential use proposed to be made
pursuant to this section, incorporate into its approval any  or  all  of
the  following:  (i)  the number of residential units; (ii) whether such
units  are  home  ownership  units,  rental  units  or  condominium   or
cooperative  units;  (iii) the estimated initial rents or selling prices
for such  units;  (iv)  income  restrictions,  if  any,  on  renters  or
purchasers  of  such units; and (v) the basis on which the consideration
for the sale or lease of the property is  to  be  determined;  provided,
however, that this subdivision shall not apply to the extent an approved
urban renewal plan incorporates such items.