Section 10 - Disposal of buildings and improvements on state lands, or on lands under lease to the state1. 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.N.Y. Pub. Bldgs. Law § 10
Amended by New York Laws 2021, ch. 322,Sec. 43, eff. 8/2/2021.