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This entry was published on 2014-09-22
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SECTION 501
Proceedings to acquire
Private Housing Finance (PVH) CHAPTER 44-B, ARTICLE 9
§ 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.