2023 New York Laws › MHA - Municipal Housing Authority (Article 5 of the former State Housing Law) › Article 5 - Municipal Housing Authorities › 70 - Eminent Domain.

* §  70.  Eminent  domain.  1.  The  power  of  eminent  domain may be
exercised by or  for  an  authority  after  the  adoption  by  it  of  a
resolution  declaring  that  the  acquisition  of the property described
therein is in the public interest and necessary for the public  use  and
that such property is included in an approved project.
2.  The authority may exercise the power of eminent domain pursuant to
the provisions of the condemnation law with such modifications as are in
this subdivision two provided.  A  certified  copy  of  the  authority's
resolution  shall  be  conclusive  evidence  as to the matters contained
therein in any proceeding under the  condemnation  law  to  acquire  the
property   or  any  part  thereof  described  in  such  resolution.  The
proceeding shall be instituted by the presentation of a petition by  the
authority  to  the  supreme  court  pursuant  to  section  four  of  the
condemnation law. The petition shall, in lieu of the statements required
by subdivision one of section four of said law, set forth  the  name  of
the  authority  and the time and place of the filing of its certificate,
and shall in addition to the matters  required  by  said  section  four,
state  the amount or valuation at which each parcel of the real property
to be acquired has been assessed for purposes of  taxation  on  the  tax
rolls of the municipality for each of the three years preceding the date
of the petition, which assessed valuation in case only part of an entire
plot  in  a  single  ownership  is  to  be  acquired  shall be pro-rated
according to the area of the part so to be acquired.
Where it appears to the satisfaction of the court, at any stage of the
proceedings, upon  the  petition  of  the  authority,  that  the  public
interest will be prejudiced by delay, the court may after such notice to
the  parties  in  interest  as  it may prescribe, which notice, however,
shall not be less than eight  days  and  may  be  by  posting  upon  the
property  or by publication in such paper or papers at such times as the
court may require, order  that  the  authority  be  permitted  to  enter
immediately  upon  the  real  property described in the petition, or any
part thereof, and to demolish any structures  located  thereon,  and  to
proceed  with  the  construction of the project thereon, upon depositing
with the court a sum of money or in lieu thereof, bonds  or  obligations
of  the  state  or the United States of equivalent or greater value, not
less than the last assessed valuation of the property, which  the  court
shall find to be sufficient for the protection of the persons who may be
entitled  to  the  award.  Such deposit or the proceeds thereof shall be
applied, so far as it may be necessary for that purpose, to the  payment
of  any  award  that  may  be  made,  with  interest  thereon, costs and
expenses, and the residue, if any, shall be returned to the authority.
An authority may petition the municipality  to  institute  proceedings
under  its  charter  or  other law, to acquire property described in the
petition which the  authority  has  certified  to  be  necessary  for  a
project. The resolution granting the petition shall set forth the amount
to  be paid by the authority to the municipality for such property or in
lieu thereof that the authority 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  authority  or  otherwise  as  the
municipality may deem advisable. Upon the passage of a resolution by the
municipality  granting  the  petition,  the  authority  shall  cause two
surveys or maps of the property described in the petition to be made one
of which shall be filed in the office of the authority and the other  in
the  office  in  which instruments affecting real property in the county
are recorded. The filing of such surveys or  maps  shall  be  conclusive

evidence  of the acceptance by the authority of the terms and conditions
of such resolution. The municipality may proceed under any provision  of
its charter or other law applicable to the condemnation of real property
for public improvements. When title to the property shall have vested in
the  municipality,  it  shall  convey  the  same  to the authority upon
payment by the authority 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  authority  may,  upon  the
authorization of the mayor or county executive,  as  the  case  may  be,
enter  upon  the  property  taken and carry out the terms of the project
with  respect  thereto.  Whenever  in  connection  with  eminent  domain
proceedings,  requirement  is  made in any city charter or other 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  or  county
executive such act is performed by the authority or by persons specially
designated by it.
4.  In  the  case  of  a  federal project, the authority may, with the
approval of the mayor or county executive, as the case may  be,  request
the  federal  government to acquire by eminent domain property which the
authority has certified to be necessary for the project.
5. In any proceedings for the assessment of compensation  and  damages
for  property  taken  or  to  be  taken  by  eminent domain by or for an
authority, the following provisions shall be applicable:
(a) Evidence of the price and other terms upon any sale  or  the  rent
reserved  and  other  terms upon any lease or tenancy relating to any of
the property taken or to be taken or to  any  similar  property  in  the
vicinity when the sale or leasing 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, 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
pursuant  to article twenty-nine of the civil practice act, the rules of
civil practice 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, lease or tenancy admissible in  evidence  pursuant
to this subdivision five. The deposition may be taken at the instance of
the  authority  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 authority and to all other owners who have appeared  in
the  proceeding; if by the authority, to all owners who have appeared in
the proceeding.
(c) Any time during the pendency of such  action  or  proceedings,  an
authority  or  an owner may apply to the court for an order directing an
owner or the authority, 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 under this article 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 unsanitary, unsafe
or substandard condition of the premises, or the illegal use thereof, or
the enhancement of rentals resulting 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) 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.
* NB  The  text  of  Article  5 of the former State Housing Law (cited
herein as the "Municipal Housing  Authorities  Law"),  as  such  article
existed  immediately  prior  to  its  repeal  pursuant to section 227 of
Chapter 808 of the Laws of 1939, is provided here for ease of  reference
and  historical purposes as such text continues to be applicable for the
New York City Housing Authority pursuant to the  provisions  of  section
401 of the current Public Housing Law.