2006 New York Code - Leasing Or Renting Of Real Property By Commissioner Of Citywide Administrative Services

 
    §  4-203  Leasing  or  renting  of  real  property  by commissioner of
  citywide administrative services. a. Under the conditions and subject to
  the restrictions hereinafter set forth in this section, the commissioner
  shall have power, without  the  concurrence  of  any  other  officer  or
  agency,  to  lease  or  rent  in behalf of the city to any person, or to
  grant to any person in behalf of the city, a permit or license or  other
  authorization  for  the use of, any real property of the city or portion
  thereof which the commissioner is authorized to manage and superintend.
    b. The commissioner may lease or  rent,  or  grant  any  such  permit,
  license  or  authorization  with respect to any such property or portion
  thereof, for such rental  or  other  charge  and  upon  such  terms  and
  conditions  as  the  commissioner  may  determine, in any case where the
  terms  of  such  lease,  rental  agreement,  permit,  license  or  other
  authorization  is  less than one year except that where such property or
  portion thereof has previously been leased, rented, the subject of  such
  a permit, license or other authorization, the term of such lease, rental
  agreement,  permit,  license or other authorization may be for a term of
  up to  five  years,  and  the  rental  or  other  charge  fixed  by  the
  commissioner  therein does not exceed five thousand dollars per month or
  any equivalent of such rental or charge. Before the  commissioner  shall
  enter  into any such lease or rental agreement or issue any such permit,
  license or other authorization, there shall be filed in  the  department
  and  with  the  board  of estimate a written certification signed by two
  officers or employees of the department having the rank of  senior  real
  estate  manager or an equivalent or higher rank, stating that the rental
  or other charge fixed therein is fair and reasonable.
    c. Except as otherwise provided in subdivision d of this section,  the
  commissioner  may  lease  or  rent  or  grant a permit, license or other
  authorization with respect to any such property or portion thereof, only
  for the highest marketable price or  rental  at  public  auction  or  by
  sealed  bids  and  after  advertisement for at least fifteen days in the
  City Record and after appraisal made within ninety days  prior  to  such
  transaction, in any case where the term of such lease, rental agreement,
  permit,  license  or  other authorization is less than one year, and the
  rental or other charge fixed therein is more than five thousand  dollars
  per month or any equivalent thereof.
    d.  In any case where, on the date of the acquisition of any such real
  property by the city by purchase,  condemnation  or  otherwise,  if  any
  tenant,  occupant  or  other  person  is  lawfully in possession of such
  property or any portion thereof, or holds a  permit,  license  or  other
  authorization  of use thereof, the commissioner may lease or rent to any
  such tenant, occupant or other person, the premises occupied by  him  or
  her  on  such date, or may grant to such holder the rights or privileges
  enjoyed by him or her on such date, at  a  rental  or  other  charge  in
  excess of five thousand dollars per month or any equivalent thereof, and
  upon  such  terms  and  conditions  as  the  commissioner may determine,
  provided (i) the terms of such lease, rental agreement, permit,  license
  or  other  authorization  is  no  more  than  five  years,  and (ii) the
  possession of such tenant, occupant or other person,  or  the  right  or
  privilege of use enjoyed by such holder is continuous from such date and
  (iii)  there  shall  be  filed  in  the department, with respect to such
  lease, rental agreement,  permit,  license  or  other  authorization,  a
  written  certification,  signed  by  two  officers  or  employees of the
  department  having  the  rank  of  senior  real  estate  manager  or  an
  equivalent or higher rank, stating that the rental or other charge fixed
  therein is fair and reasonable.
    e.  In  any case where the board of estimate and Triborough bridge and
  tunnel  authority  shall  agree  that  any  real  property   under   the


  jurisdiction of such authority shall be managed and superintended by the
  commissioner,  he  or  she  shall,  in accordance with the terms of such
  agreement, manage and superintend such property and collect  the  rents,
  charges  and  other proceeds therefrom, and shall dispose of such moneys
  in the manner provided in such agreement.  The  commissioner,  with  the
  prior  approval of such authority, and in accordance with the applicable
  provisions of subdivisions b, c and d of this section, may lease or rent
  or grant permits, licenses or other authorizations with respect  to  any
  real property or any portion thereof subject to such agreement.