US Laws, Codes, Statutes & Cases

 
    §  4-201  Commissioner of citywide administrative services, functions.
  a.   The commissioner of  citywide  administrative  services  under  the
  direction of the mayor may, in his or her discretion, require any person
  offering  to  sell to the city real property located within the city, or
  any agent of such person, or any  officer  or  agent  of  a  corporation
  offering  to sell such real property to the city, to be sworn before the
  commissioner or a person deputized by the commissioner,  and  to  answer
  orally as to the persons interested in the real property, the price paid
  by  the  owner  therefor,  the  interest of any other person, as broker,
  agent or other intermediary, in effecting the proposed sale to the city,
  and as to any other facts and circumstances affecting the  propriety  of
  the  purchase  of  such  property by the city, and the fair market value
  thereof. Any other person having knowledge of any relevant and  material
  fact or circumstance affecting the propriety of the proposed purchase by
  the  city  or the fair market value of the real property to be acquired,
  may likewise be examined under oath. Willful false swearing  before  the
  commissioner  or  a  person deputized by the commissioner is perjury and
  punishable as such, and in a prosecution for perjury,  it  shall  be  no
  defense that such false swearing did not aid in effecting a sale of such
  property to the city, or in fixing the price paid therefor.
    b.  The  commissioner,  under  the direction of the board of estimate,
  shall:
    1. After due inquiry to be made by the commissioner,  present  to  the
  board,  a  statement,  in  writing,  of  the  facts relating to any real
  property proposed to be leased and the purpose for which  such  property
  is  required  by  the  city,  with a report embodying the commissioner's
  opinion, and the reasons therefor, as to the fair and reasonable rent of
  such premises. The commissioner shall enter into, on behalf of the city,
  any lease, authorized by the board, of property leased to the city.
    2. Recommend that legal proceedings be taken when necessary to enforce
  payment of rents or moneys due the city from city real  property  or  to
  obtain possession of premises to which the city is entitled.
    3.  Report  to  the  board  whether  or  not  it will be in the public
  interest to lease or otherwise dispose of the  property  transferred  to
  the commissioner pursuant to section 4-107 of the code, provided that no
  such  report shall be required with respect to the leasing or renting or
  the granting of licenses, permits or other authorizations for the use of
  real  property  entered  into  by  the  commissioner  pursuant  to   the
  provisions  of  section  4-203  of the code. The commissioner, under the
  sanction  of  the  board,  shall  appoint  experienced   and   qualified
  appraisers  upon behalf of the city to settle the rent or renewal of any
  lease, or the value of the building, to be paid for on the expiration of
  any lease, in which the city is or shall be interested, whenever by  the
  provisions  of such lease the appointment of appraisers is required. All
  leases authorized by the board shall be executed by (a) either the mayor
  or the commissioner of citywide administrative services and (b) the city
  clerk, under their hands and the seal of the city.
    4. When any person offers to purchase or lease real property belonging
  to the city, have discretion to require such person to deposit with  the
  department of finance a sum of money, prescribed by the commissioner, as
  security  that  such  person will pay the amount bid by that person upon
  the sale or lease of such property at public auction or by sealed  bids,
  and  that  such  person will execute and deliver all papers necessary to
  carry such sale or lease into effect,  if  that  person's  bid  for  the
  purchase  or  lease  of  such  property  shall be accepted. Such deposit
  shall, in the event of the default of the person  depositing  the  same,
  pay  the  amount  bid  by  such  person,  or of that person's failure to
  execute and deliver  the  necessary  papers  as  hereinbefore  provided,

  become  the property of the city as liquidated damages. Upon the sale or
  lease of real property belonging to the city as herein provided, if such
  real property shall be sold or leased to a purchaser or lessee  procured
  by  a  broker and the purchase price or rental accepted by the city upon
  the consummation of the sale or lease shall equal or  exceed  the  offer
  made  by  such  broker in behalf of the purchaser or lessee, the city is
  hereby authorized to pay  the  usual  commissions  to  such  broker.  No
  commissions  shall be paid for the procuring of any sale or lease unless
  the written authority of the broker to make the  offer,  signed  by  the
  person  for  whom the broker is acting, shall be filed in the department
  of citywide administrative services before the day the sale or lease  of
  the  property is advertised to take place, or at such time prior thereto
  as may be fixed by the commissioner of citywide administrative services.
    5. Report to the board whether or not it is in the public interest  to
  grant  permission  to the lessee or assignee of a lease made by the city
  for a term of one year or longer, to assign the same or to underlet  the
  demised  premises  notwithstanding  any  provision  in  the lease to the
  contrary. A prerequisite to any favorable  report  shall  be  the  prior
  payment of all arrears of rent on the premises.
    6. Preserve in a book to be kept in the commissioner's office for that
  purpose,  to be called the "record of quit-rents", maps of all grants of
  land heretofore made by the  city,  on  which  quit-rents  are  payable,
  showing  the  original  grants and subdivisions thereof as definitely as
  these can be  ascertained.  The  commissioner  shall  receive  the  sums
  proportionately  due  from  each  owner in payment of the portion of the
  moneys payable under the original grant, as  such  sums,  from  time  to
  time,  shall  become  payable  and  shall  likewise receive any commuted
  quit-rents paid as hereinafter provided. The  commissioner  of  citywide
  administrative services, on receiving written notice from the grantee of
  the  city,  or  his  or her assignee, of the sale of any portion of land
  subject to quit-rent, shall enter in the record of quit-rents  the  name
  of  the  purchaser,  the  date  of the sale, and the portion of the land
  sold. The commissioner thereafter shall receive the sum  proportionately
  due  from  such purchaser in payment of his or her portion of the moneys
  payable under the original grant, as the same, from time to time,  shall
  become payable, and the commissioner shall receive from the owner of the
  lot   or   parcel   mentioned  in  the  notice,  or  the  owner's  legal
  representative, the sum proportionately due from the owner in payment of
  his or her proportion of the moneys payable under  the  original  grant.
  When  land  heretofore  granted  by  the  city,  subject to a quit-rent,
  portions of which have been assigned by the grantee, shall be re-entered
  by the city for nonpayment of the quit-rent, the commissioner may  grant
  releases  in  severalty to such of the assignees of portions of the land
  granted as shall, within six  months  from  the  re-entry,  pay  to  the
  commissioner  their  respective  apportionments of commutation money and
  the expenses of re-entry and conveyance, with such portions of the  rent
  as  may be justly due from the respective assignees for the land held by
  them, as the same shall be apportioned by the commissioner. Whenever any
  person  shall  desire  to  commute  any  quit-rent  due  the  city,  the
  commissioner  shall  calculate  such  commutation at the rate of six per
  cent and, upon the production of evidence that such  quit-rent  and  all
  arrears  of  rent  have  been  paid into the treasury of the city to the
  credit of the real property fund, the mayor and city clerk shall execute
  a release of such quit-rent.  All  sums  received  by  the  commissioner
  pursuant  to  the  provisions of this subdivision shall be paid daily to
  the commissioner of finance.
    7. Upon the payment in full of the principal and interest due  on  any
  bond  and  mortgage  held  by  the  city, the mayor and city clerk shall

  execute, under their hands and the seal of the city, upon evidence being
  exhibited to them showing that the principal and interest on  such  bond
  and  mortgage have been paid into the treasury of the city to the credit
  of  the  appropriate  fund  an assignment or proper satisfaction of said
  bond and mortgage. The release by such officials  of  any  part  of  the
  premises  described  in  such  mortgage  from  the  lien created by such
  mortgage is prohibited.
    8. Keep on file in the department of citywide administrative  services
  all title deeds, leases, bonds, mortgages, or other assurances of title,
  except as otherwise provided by law.
    9.  Record  all  grants,  leases  and counter-parts of leases, and all
  deeds executed by the city in proper books. The commissioner shall  also
  keep  a  record  of  all  property  owned and acquired by the city. Such
  record shall show the date  the  property  was  acquired,  the  tax  map
  description  thereof,  the borough in which the property is located, and
  shall be properly cross indexed with reference to the original deeds  of
  acquisition.  The  commissioner shall also keep a record of all property
  on which rent is in arrears and the amounts of the arrearages.
    10. Submit to the corporation counsel for approval as  to  correctness
  of  form  all  contracts,  leases  or  other  legal documents of similar
  character, except forms prepared or approved by the corporation counsel.