2023 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.