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This entry was published on 2014-09-22
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Real property acquisition options
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
§ 41.48 Real property acquisition options.

(a) Notwithstanding any inconsistent provision of this article and
within appropriations made therefor, the commissioners of the office of
mental health and the office for people with developmental disabilities
are authorized upon the application of voluntary agencies, to make
payments for the reasonable price of options to acquire an interest in
real property, for the purpose of establishing a community mental
hygiene facility. Such applications shall be made in the manner and on
forms prescribed by the appropriate commissioner. Sellers of real
property who are required to disclose financial or other beneficial
interests in such property under section 41.46 of this article shall not
be eligible to receive payments under this section.

(b) The comptroller is authorized, pursuant to section one hundred
fifteen of the state finance law, to establish a cash advance account
for the purpose of payment of options under this section. Such payments
may only be made by a bonded employee, designated by the appropriate
commissioner, from the cash advance account established for such

(c) As used in this section the term "reasonable price" shall mean an
amount that is not in excess of guidelines developed by the commissioner
of the office of mental health or the commissioner of the office for
people with developmental disabilities and approved by the director of
the budget and the state comptroller.