N.Y. Public Buildings Law § 10: Disposal of buildings and improvements on state lands, or on lands under lease to the state

§ 10. Disposal of buildings and improvements on state lands, or on

lands under lease to the state. 1. Except as provided in subdivision two

of this section, whenever the head of any agency, board, division or

commission, with the approval of the director of the budget, (a) shall

certify to the commissioner of general services that any property on

state land or on land under lease to the state and consisting of

buildings with or without fixtures attached thereto, and any other

improvements upon such lands, are unfit, not adapted or not needed for

use by such agency, board, division or commission and (b) shall

recommend for reasons to be stated, that the said property should be

disposed of, the commissioner of general services shall, after causing

an investigation to be made, dispose of said property by sale or

demolition as will best promote the public interest. Public notice of a

proposed sale where the value of the property to be sold exceeds five

thousand dollars shall be given by advertising at least once in a

newspaper published and having a general circulation in the county in

which such lands are located and in such other newspaper or newspapers

as the commissioner of general services may deem to be necessary. Such

advertisement shall give a general description and location of the

property and the terms of the sale and the date on which proposals for

the same will be received by the commissioner of general services.

Should any or all of the offers so received be deemed by the

commissioner of general services to be too low, he or she may dispose of

such property so advertised at private sale within ninety days of the

opening of the bids, provided that no such private sale shall be

consummated at a price lower than that submitted as a result of public

advertising. The commissioner of general services shall also have the

power to demolish such property either by contract or, if such property

is located on lands which are under the jurisdiction of the department

of corrections and community supervision, the work of such demolition

may be done by the incarcerated individuals of the institution where

such property is located, provided however that the commissioner of

corrections and community supervision shall consent to the employment of

the incarcerated individuals for the work of demolition. The provisions

of this subdivision shall be effective notwithstanding the provisions of

any other general or special law relating to the disposal of buildings

with the fixtures attached thereto or of any improvements upon lands

belonging to or under lease to the state, and any such statute or parts

thereof relating to such disposal of buildings, fixtures and

improvements insofar as they are inconsistent with the provisions of

this section are hereby superseded. A record of any such sale shall be

filed with the state agency head above referred to and the proceeds of

such sale or disposal shall be paid into the treasury of the state to

the credit of the capital projects fund.

2. The provisions of subdivision one of this section shall not apply

to any buildings or parts thereof or to any other improvements upon

lands that have been or that shall hereafter be acquired by the

commissioner of transportation for purposes connected with the

construction, reconstruction, improvement or maintenance of a state

highway or other duly authorized project or to any buildings or parts

thereof or to any other improvements upon lands that have been or that

shall hereafter be acquired by the trustees of the state university of

New York for purposes connected with the construction, reconstruction,

rehabilitation, improvement or maintenance of the facilities or

installations of the state university or other duly authorized project.

In any such project, the commissioner of transportation or in the case

of a duly authorized project of the state university, the trustees of

the state university may (a) provide in any agreement of adjustment with

the claimant who owned such buildings or improvements for the disposal

of such buildings or improvements by removal, (b) provide for the

demolition of such buildings or improvements, (c) permit, on such terms

as he or she or such trustees, as the case may be, may deem beneficial

to the state, the temporary use and occupancy of such buildings or

improvements pending prosecution of actual construction work on the

project, or (d) dispose of such buildings or improvements by such other

arrangement as the commissioner of transportation or the trustees of the

state university, as the case may be, may deem advisable. The use or

occupancy of any such property pursuant to any license, lease or permit

under the provisions of this section and the right of the commissioner

of transportation or the trustees of the state university, as the case

may be, as agent for the state, to recover possession of any such

building or improvement or of the property upon which it is located

shall not be subject to the emergency housing rent control law. Where it

is necessary to cause the removal of an occupant of any such property,

the commissioner of transportation or the trustees of the state

university, as the case may be, as agent for the state, may cause such

occupant to be removed therefrom and the immediate possession thereof to

be delivered to him or her or to them, as the case may be, as agent of

the state in the same manner and by the same proceedings in the same

court or before the same judge or justice as is now or hereafter may be

provided by law for the removal of a tenant holding over after the

expiration of his or her term without the permission of the landlord.

The proceedings shall be brought in the name of the commissioner of

transportation or the trustees of the state university, as the case may

be, as agent of the state, and include as part of the relief a judgment

for any amounts which may be due for said occupancy. All monies received

by the trustees of the state university pursuant to this section shall

be paid into the state university income fund as established pursuant to

subdivision four of section three hundred fifty-five of the education

law.