N.Y. Labor Law § 539: Acquisition of land and buildings

§ 539. Acquisition of land and buildings. The commissioner of general

services, on the recommendation of the industrial commissioner and with

the approval of the director of the budget and on behalf of the state,

is hereby authorized

(1) to purchase land with or without buildings;

(2) to erect buildings thereon;

(3) to enter into contracts with any person, firm or corporation which

shall agree to erect on land owned by such person, firm or corporation,

suitable buildings at locations acceptable to the commissioner of

general services and the industrial commissioner, and to agree on behalf

of the state to lease such land and buildings for a period of not more

than fifteen years from the time of the completion of said buildings at

such rentals and subject to such terms and conditions as may be agreed

upon; such contract shall contain the plans and specifications for the

proposed buildings, which must be approved by the industrial

commissioner and the commissioner of general services; each such

contract and lease shall provide that upon the termination of said

lease, or upon the earlier payment in full of the total amount specified

therein the lessor shall convey to the state title in fee simple to the

land and buildings covered under said lease;

(4) to enter into lease-purchase contracts as specified under (3)

above with respect to buildings already in existence:

(5) to purchase and to provide for fixtures, equipment and facilities

in connection with the said buildings or premises and to make necessary

alterations and improvements thereof.

The provisions of section one hundred sixty-one-a of the state finance

law limiting the period for which the commissioner of general services

is authorized to lease premises to a term not exceeding five years shall

not be applicable to leases executed in accordance with this section.

Space in each of such buildings shall be primarily utilized by the

commissioner for the administration of this article, but space in any

such building in excess of such requirements, as determined by the

industrial commissioner, may be rented or sub-leased under an agreement

entered into by the commissioner of general services only to the state

of New York, or any agency or authority of the state of New York. Rents

received under such agreement shall be paid into the unemployment

administration fund. However, if, in connection with such building,

moneys were advanced by the special fund to carry out the purposes of

this section, the rents received under such agreement shall be paid into

the said fund until such time as it shall be fully reimbursed for such

advances. In addition, under such circumstances, an agreement shall be

entered into between the commissioner and the commissioner of general

services pursuant to which the fair rental value of all space in such

building utilized by the commissioner shall be determined and a transfer

of amounts equal to such rental value out of the unemployment

administration fund to the special fund is hereby authorized until the

special fund shall be fully reimbursed for such advances. The fair

rental value of space utilized by the commissioner shall not exceed the

prevailing rental rate for suitable space in privately owned buildings

in the same locality.