Chapter 1 - REAL ESTATE TRANSACTIONS

Section 4-101

Section 4-101

  §  4-101 Acquisition of certain lands; by reversion. In the event that
any site or plot of ground, transferred to the United  States,  for  the
erection and maintenance of a light and fog signal at Hunt's Point Park,
in  the  borough  of the Bronx, should become unnecessary or cease to be
used for such purposes, such site shall revert to the city, as  if  such
transfer had not been made.

Section 4-102

Section 4-102

  §  4-102 Loss of certain lands; by reversion. The lands situate in the
county of Westchester which were taken by the city, by virtue of the act
entitled "An act to provide for supplying the city of New York with pure
and wholesome water" passed May second,  eighteen  hundred  thirty-four,
shall  be  held  and appropriated by the city for the use and purpose of
introducing water into the city, and for purposes  necessarily  incident
thereto,  and  for  no other uses or purposes whatever. In case the city
should use any of such lands situate in the county  of  Westchester  for
purposes  other  than  in  this  section permitted, or in case such land
should not be required for the purpose of  introducing  water  into  the
city,  such  lands  so improperly used, or not so required, shall become
vested in the individual from whom such city obtained it,  as  full  and
perfectly  as  though  such act had never been enacted, upon repaying to
the city the amount originally paid for the same, after  deducting  from
such  amount  the  damages sustained by such individual by reason of any
alteration or work which the city may have made upon such land.

Section 4-104

Section 4-104

  §  4-104  Title  to  certain public beaches; limitations thereon.   a.
Title acquired or to be acquired by the city to any uplands,  filled  in
lands,  lands  under  water,  estates,  rights,  easements, interests or
privileges for public beaches on the Atlantic ocean from the westernmost
point of Coney Island to the westerly line of Beach  Second  street,  in
the  borough of Queens, and on the lower New York bay from the southerly
line of the United States reservation Fort Wadsworth  to  the  northerly
line  of  the  United States reservation Miller Field, in the borough of
Richmond, in each and every case shall be a title in fee  in  trust  for
the  use  of  the  public  to pass and repass over and along such public
beach and beaches in the same manner as public  beaches  ordinarily  are
used.  The  owners  of  property abutting on the inland side of any such
public beach or beaches shall possess easements of light, air and access
over, along and across such public beach  or  beaches  to  the  Atlantic
ocean  and to the lower New York bay, as the case may be, and a frontage
on  and  access  to  such  public  beaches,  streets,  parks,   avenues,
boulevards,  promenades,  walks  and boardwalks as may be authorized and
constructed within the same.
  b. Where such owners have laid out and are maintaining pipes  for  the
drawing and discharging of sea water under the soil to be acquired for a
public beach, they shall have the right to maintain such pipes under the
soil of such public beach or beaches for the purpose only of drawing and
discharging  sea  water,  the  maintenance of such pipes to be under the
supervision of the commissioner of parks and  recreation.  Where  owners
have  not laid and are not maintaining pipes under such soil for drawing
and discharging of sea water, the board of estimate,  under  such  terms
and  conditions as to it shall seem proper, may grant to such owners the
right to lay and maintain pipes for the drawing and discharging  of  sea
water only under the soil of such public beach or beaches.

Section 4-105

Section 4-105

  §  4-105  Land  in  private  or  in  closed  or  discontinued streets;
conveyance to abutting owners or other persons.  a.  Whenever  the  city
shall  have any right, title or interest in and to the land lying within
a private street, however  acquired,  or  within  a  street,  closed  or
discontinued  in whole or in part, the owner of land fronting thereon at
the time of acquisition of such private street or at the  time  of  such
closing or discontinuance, or the owner's heirs or assigns, may acquire,
such  right,  title and interest in and to any parcel or parcels of such
land lying in front of the lands owned by such person or  persons,  upon
payment  to the commissioner of finance for the right, title or interest
to be acquired within such private  street  or  within  such  closed  or
discontinued  street of such consideration as shall be determined by the
commissioner of citywide  administrative  services;  provided,  however,
that,  except  as otherwise provided by law, such consideration shall be
in an amount not less than the appraised value of such right,  title  or
interest  as determined by appraisal made within six months prior to the
authorization of such conveyance.
  b. Such owner or owners or owner's heirs or assigns or the  department
of citywide administrative services on behalf of such owner or owners or
owner's  heirs  or assigns shall apply, in writing, to the department of
city  planning  for  such  conveyance  either  simultaneously  with   an
application  for  the closing or discontinuance of a street or not later
than two years after the acquisition of such private street or not later
than two years after the closing or discontinuance  of  such  closed  or
discontinued  street. The department of city planning shall process such
application pursuant to sections  one  hundred  ninety-seven-c  and  one
hundred  ninety-seven-d  of the charter. The department of city planning
shall notify or cause to  be  notified  all  other  owners  eligible  to
purchase  such  right,  title  or interest pursuant to the provisions of
this section of the filing of such application prior to certifying  that
such  application is complete. Such notice shall be served by registered
or certified mail addressed to the last known address of such  owner  or
owners,  as  the  same  appears  in  the  records  of  the office of the
commissioner of finance or if there is no name  in  such  records,  such
notice may be served by ordinary mail addressed to "Owner" at the street
address  of  the  improvement parcel or property in question. Failure by
the department to give such notice or cause  such  notice  to  be  given
shall  not  invalidate any proceedings with respect to such application.
If the conveyance is approved by the mayor and in the manner  prescribed
by  any applicable provisions of sections one hundred ninety-seven-c and
one hundred ninety-seven-d of the charter, the mayor shall cause  to  be
prepared  and  delivered  to  such  owner  or owners or owner's heirs or
assigns a conveyance of the right, title and interest of the city in and
to such parcel or parcels of land in such form as shall be  approved  by
the  corporation  counsel.  Such  conveyance  shall be delivered to such
owner or owners or owner's heirs or assigns  upon  payment  of  the  sum
required by subdivision a hereof to be paid.
  c. The mayor, in conveying such right, title or interest, shall not be
obliged to convey the right, title or interest of the city in and to the
land  within  one-half  of  such  private or such closed or discontinued
street to the owner of the land abutting on such half.  Subject  to  any
land   use   restrictions  imposed  pursuant  to  sections  one  hundred
ninety-seven-c or one hundred ninety-seven-d of the charter,  the  mayor
may  convey all right, title or interest of the city in and to the lands
in any such private or such closed or discontinued street to  the  owner
of  the  land  abutting  on  one  side  thereof,  whenever in his or her
judgment it shall be just and proper, or in the best  interests  of  the

city,  to  do so, or to such abutting owners as require the same to make
their abutting lands more available for improvements.
  d.  Subject  to the provisions of section three hundred eighty-four of
the charter, the mayor may at any time sell or otherwise dispose of  the
right,  title  and  interest  of  the city in and to so much of the land
lying within such private or such  closed  or  discontinued  street  for
which  no  application  has  been filed pursuant to this section, to any
person or persons whomsoever upon such terms and conditions as the mayor
may deem proper.
  e. The provisions of this section which refer to land or  lands  lying
within  a private street or within a street closed or discontinued shall
be deemed to refer to the surface and subsurface of and air  space  over
such street or any part of the surface or subsurface of or the air space
over such street.

Section 4-106

Section 4-106

  § 4-106 City real property; exceptions to inalienability and to public
sale  of.  Notwithstanding  any  provisions  of law to the contrary, the
board of estimate is authorized, subject to the provisions  of  sections
one hundred ninety-seven-c and three hundred eighty-four of the charter,
where applicable:
  1. To convey to the state of New York in fee simple absolute such dock
land  and  adjacent  lands  under  water  as may by determination of the
commissioner  of  transportation  be  declared   necessary   for   canal
terminals,  such  lands  to  be  and  remain public lands under the sole
control of the state.
  2. To sell and convey to the upland owner any  of  the  lands  now  or
formerly  under  water, including lands under water excepted or reserved
for street purposes out of grants of lands under water  heretofore  made
by  the city or its predecessors, along the westerly line of Franklin D.
Roosevelt Drive (formerly  known  as  East  River  Drive),  between  the
northerly  side of East Thirteenth street and the southerly side of East
Fourteenth street, the northerly side of East Twentieth street  and  the
southerly  side  of East Twenty-first street, the northerly side of East
Thirtieth street and the southerly side of East Fifty-eighth street, the
northerly side of East Fifty-ninth street and the southerly side of East
Sixty-third street, the northerly side of East Eighty-ninth  street  and
the  southerly  side  of  East  Ninetieth  street,  in  the  borough  of
Manhattan. Such board of estimate, in its discretion, on and  after  May
first, nineteen hundred forty-four, may sell and convey to any person or
persons whomsoever, pursuant to section three hundred eighty-four of the
charter,  the aforesaid lands, described in this subdivision, which have
not theretofore been  granted  or  conveyed  to  the  upland  owners  as
provided  in this subdivision, except as to such lands lying between the
northerly side of East Thirteenth street and the southerly side of  East
Fourteenth street, which land such board, in its discretion on and after
May  first,  nineteen  hundred  forty-seven,  may sell and convey to any
person  or  persons  whomsoever,  pursuant  to  section  three   hundred
eighty-four of the charter.
  2-a.  To  sell  and convey to the upland owner any of the lands now or
formerly under water, including lands under water excepted and  reserved
for  street  purposes out of grants of lands under water heretofore made
by the city or its predecessors, along the westerly shore of the  Harlem
river  inside  the  bulkhead line, between the northerly side of Academy
street and the southerly side of West Two  hundred  second  street,  and
between  the  northerly  side  of  West Two hundred sixth street and the
southerly side of West  Two  hundred  eighth  street,  and  between  the
southerly  line of lot 25 in block 2189 of section 8 as shown on the tax
map of the city of New  York  for  the  borough  of  Manhattan  and  the
southerly  side  of  West  Two hundred fifteenth street, and between the
northerly side of West Two hundred sixteenth street and the prolongation
eastwardly of the most southerly division line between lot 47 and lot 67
in block 2197 of section 8 as shown on said tax map, in the  borough  of
Manhattan.  Such  board of estimate, in its discretion, on and after May
first, nineteen hundred seventy, may sell and convey to  any  person  or
persons whomsoever, pursuant to section three hundred eighty-four of the
charter,  the aforesaid lands, described in this subdivision, which have
not theretofore been  granted  or  conveyed  to  the  upland  owners  as
provided in this subdivision.
  3.  a.  To  cede, grant and convey to the United States, free of cost,
all the estate, right, title and interest of the  city  in  and  to  any
lands and lands under water, acquired by and owned by the city, required
for  the  improvement  of the navigation of waters within, or separating
portions of the city, in accordance with the plan or plans, establishing

bulkhead or pierhead lines in such waters, prepared by the secretary  of
defense; and
  b.  To  cede,  grant and convey to the United States, free of cost, or
upon such consideration as may be agreed upon between such board and the
United States, all the estate, right, title and interest of the city  in
and to any lands and lands under water acquired by or owned by the city,
required  for  the establishment of air stations, in connection with the
defense of New York harbor and the Atlantic coast; and
  c. Whenever any part of such lands or lands  under  water  shall  have
been  ceded,  to  give  a  certificate  under their hands, or those of a
majority of them, that the same have been ceded as herein provided,  and
upon  the  production  of  such  certificate it shall be the duty of the
mayor and city clerk in the name and on behalf of the city to execute  a
proper  conveyance of such lands and lands under water under their hands
and the seal of such city.
  d. To convey  to  the  United  States  free  of  cost,  or  upon  such
consideration  as  may  be agreed upon between such board and the United
States, a perpetual easement of passage for military purposes from  Fort
Totten across the right-of-way of Cross Island parkway in the borough of
Queens.
  4.  a. To set aside and use for public streets and parks, and for such
city purposes as it may deem necessary,  so  much  of  the  lands  under
water,  islands, hummocks, hassocks, marshes and meadow lands in Jamaica
bay and Rockaway inlet and tributaries thereto lying  to  the  north  of
latitude  forty  degrees  and  thirty-three  minutes  north  and  to the
eastward of longitude seventy-three degrees and fifty-six minutes  west,
granted  to  the city by the state of New York, including the portion or
areas laid out for and included in a public street or  park  improvement
authorized in accordance with law; and
  b.  To  lease  for  residential  use so much of the lands described in
paragraph a of this subdivision, excluding  any  areas  now  adopted  or
which  may hereafter be adopted as a marginal street, wharf or place, as
may be determined by it to be unadaptable for commercial,  manufacturing
or industrial use and to be adaptable for such residential use; and
  c.  To  release  to  adjoining  upland  owners,  upon  such  terms and
conditions and for such  consideration  as  it  may  deem  proper,  such
portions  of  the  lands  under water referred to in paragraph a of this
subdivision, as  are  comprised  in  the  beds  of  creeks,  inlets  and
tributaries  of  Jamaica  bay,  situated  inshore  of the interior lines
thereof and not required for the purposes specified in paragraphs a  and
b of this subdivision; or
  d. To exchange so much of the lands under water comprising the beds of
such creeks, inlets and tributaries, so situated, which it is authorized
to  release  pursuant  to  paragraph c of this subdivision, for adjacent
privately owned lands required for the opening and extending  of  public
streets or avenues, duly laid out upon the final map of the city.
  5.  To  sell  and  convey, at private sale, to a corporation organized
solely for religious, charitable or educational purposes,  such  portion
of  the  islands  or of an island in Jamaica bay as shall be required by
such corporation for religious, charitable or educational  purposes,  on
such  terms  as  the  board  may  deem proper, provided that the deed of
conveyance contain a covenant that the land so conveyed shall be used in
perpetuity for such purposes.
  6. To grant and convey to abutting upland owners, upon such terms  and
conditions  and for such consideration as such board may deem proper, by
proper instrument or instruments in writing under the corporate seal  of
the city, all the property, right, title and interest that it now has or
may  hereafter  acquire  in  and  to  any  lands under the waters of the

Atlantic ocean which are or shall be located inland of the interior line
or lines of any public beach or beaches now laid out and established, or
which may hereafter be laid out and  established  from  the  westernmost
point  of  Coney  Island  to  the westerly boundary line of Beach Second
street, in the borough of Queens.
  7. From time to time, to sell, either at public or private  sale,  for
part   cash  or  part  secured  by  purchase  money  mortgage,  in  such
proportions and upon such terms as they may determine, and to convey all
or any part of the common lands of the late town of Gravesend  remaining
unsold, and all other lands and property of such late town not needed or
used for governmental purposes.
  8.  To  grant  to  railroad  corporations  for  the  construction  and
maintenance of their roadbeds, tracks, bridges and other structures, and
the operation over the same of their  railroads  in  perpetuity  or  for
shorter  periods,  easements or rights of way, in, over, along or across
any lands, or over and across any lands  under  water,  and  the  waters
covering the same, heretofore or hereafter acquired by the city pursuant
to  law, in the counties of Westchester and Putnam, for or in connection
with its  water  supply,  upon  such  terms  and  conditions,  for  such
consideration  and  subject  to  such restrictions as in the judgment of
such board shall seem proper. No such  grant,  however,  shall  be  made
unless  such  board  shall first determine that the use or enjoyment for
such purposes of such lands is not inconsistent with  the  purposes  for
which  such  lands  were  or may hereafter be acquired. Every such grant
shall contain covenants restricting the manner and form of such use  and
enjoyment  in  accordance  with  the  determination  of  the  board, and
providing for the forfeiture thereof to the city upon breach of  any  of
such  covenants.  No such grant of any easement or right of way shall be
made to any railroad corporation where the length of  such  easement  or
right  of  way  exceeds  one  mile,  unless  such grant embraces several
distinct and separate easements or rights of way,  in  which  event  the
aggregate  length  of all of such easements or rights of way may be, but
shall not exceed, three miles, and no  one  easement  or  right  of  way
included  in  such aggregate length shall exceed in length three-fourths
of a mile. The consideration provided to be paid by the grantee  in  and
by any such grant shall be paid into the real property fund.
  9. Except as limited by subdivision eight of this section, to lease or
grant,  without  public  letting  in  perpetuity or for shorter periods,
rights, easements or rights-of-way in, over  or  across  any  city  real
property  heretofore  or hereafter acquired and used for the purposes of
impounding, storing or transporting water for municipal water supply  or
for  the  sanitary  protection  thereof  wheresoever  located, for park,
parkway, roadway, highway, sewer, railroad or any other public  purpose,
and  for  elimination  of  highway  railroad crossings at grade for such
consideration and upon such terms and conditions  and  subject  to  such
restrictions  as  such  board  may  deem proper. No such lease or grant,
however, shall be made unless the agency having jurisdiction  over  such
property shall first determine and certify in writing that such property
or interest therein so leased or granted will not endanger or injure the
water  supply structures or other property of the city or interfere with
the use and operation thereof for water supply  or  sanitary  protection
purposes.  Every such lease or grant shall contain covenants restricting
the use of such property or interest  therein  in  accordance  with  the
determination  of  such  board,  and providing for the forfeiture to the
city of such property or  interest  therein  upon  breach  of  any  such
covenants.
  10.  To  exchange  and convey lands under water in creeks, tributaries
thereto, ditches, ponds and bays no longer  required  by  the  city  for

public  purposes.  In  exchange for lands conveyed the mayor may acquire
lands of private owners, necessary for sewer drainage canals, within the
lines of any sewer  drainage  canal  as  laid  out,  and  the  mayor  is
authorized  to take deeds and conveyances. Such exchange, however, shall
not be made to or with any owner or owners whose upland does  not  abut,
bound  or  adjoin  the lands under water to be exchanged, nor shall such
board convey such lands  under  water  until  the  agency  having  under
control  or  supervision  such  lands  under  water,  shall  have  first
certified to the board that the lands  to  be  conveyed  are  no  longer
necessary or required for public purposes. In the exchange of such lands
all  right,  title  and  interest  of  private owners in that portion of
creeks, tributaries thereto,  ditches,  ponds  and  bays  not  abutting,
bounding  or  adjoining  lands under water so exchanged, shall be deeded
and delivered to the city, and the board by resolution and the mayor  by
order  shall  authorize  such  exchange.  The corporation counsel by the
direction of the board  and  the  mayor,  shall  thereupon  prepare  and
certify  the  forms  of all legal instruments and deeds necessary on the
part of the city to effect such exchange in law. The board and the mayor
shall designate and  authorize  the  proper  official  or  officials  to
execute  and deliver all legal instruments and deeds necessary to effect
such exchange. The land so acquired by the exchange shall be assigned to
the agency requiring the  use  of  the  same,  upon  proper  application
therefor.

Section 4-107

Section 4-107

  §  4-107  City  real  property; transfer of, to department of citywide
administrative services. Whenever any  real  property  of  the  city  is
unproductive, or the term for which it may have been leased or let shall
have  expired or be about to expire, the agency having jurisdiction over
such real property shall forthwith transfer the same to  the  department
of citywide administrative services.

Section 4-108

Section 4-108

  § 4-108 City real property; condition precedent to disposition of. The
board  of  estimate, before it shall dispose of any real property, shall
determine that such real property is no longer  required  for  a  public
use.

Section 4-109

Section 4-109

  §  4-109  City  real  property; sale of. City real property, including
buildings, fixtures and machinery therein, shall be sold in  the  manner
prescribed  in subdivision b of section three hundred eighty-four of the
charter pursuant to a resolution adopted by the board of  estimate,  and
such  sale  shall  be  under the sole supervision of such board. In case
such buildings, fixtures and machinery be sold at  public  auction,  the
board  of  estimate  may  provide  as a condition of such sale that such
buildings, fixtures or machinery shall not in any case be  relocated  or
re-erected  within  the  lines  of  any  proposed street or other public
improvement, and if after such sale such buildings or parts of buildings
or other structures be relocated or re-erected within the lines  of  any
proposed  street  or  other  public  improvement,  title  thereto  shall
thereupon become vested in the city and a resale at  public  or  private
sale may be made in the same manner as if no prior sale had been made of
the same.

Section 4-110

Section 4-110

  §  4-110  School  lands; sale of, at auction. The board of estimate is
authorized,  upon  the  application  of  the  board  of  education  duly
authorized and certified, to sell at public auction at such times and on
such  terms  as they may deem most advantageous for the public interest,
any land or lands and the buildings thereon, owned by the city, occupied
or reserved for school purposes, and no  longer  required  therefor.  No
property, however, shall be disposed of for a less sum than the same may
be  appraised  by  the  board  of  estimate, or a majority of them, at a
meeting to be held and on an appraisement made within two  months  prior
to  the  date  of  the  sale.  At least thirty days notice of such sale,
including a description of the property to be sold, shall  be  published
in the City Record.

Section 4-111

Section 4-111

  §  4-111  Market  property;  sale of. If the real property sold by the
board of estimate be market property it shall be sold only pursuant to a
resolution adopted by a three-fourths vote thereof.

Section 4-112

Section 4-112

  §  4-112  Deeds;  execution of, by city. Whenever the sale of any real
property of the city shall have been authorized pursuant to this charter
or other applicable law, the  mayor  or  the  commissioner  of  citywide
administrative  services  and  the  city  clerk,  or  for a sale of real
property of the city that is under the jurisdiction of the department of
housing preservation and development, the mayor or the  commissioner  of
the  department  of  housing  preservation  and development and the city
clerk, shall execute proper conveyances of such real property signed  by
them  and  bearing  the  seal  of  the  city.  A conveyance of such real
property shall not be delivered to the grantee  until  the  proceeds  of
such sale have been received by the city.

Section 4-113

Section 4-113

  § 4-113 Power to exchange lands no longer used for public purpose. The
board  of  estimate  is  authorized  by  a  three-fourths  vote upon the
application of any agency of the city to whose use any lands of the city
have been assigned and upon the determination of such  board  that  such
real  property  of the city as shall be specified in such application is
no longer needed for departmental or public purposes, to convey any such
land, with  or  without  the  improvements  thereon,  and,  in  exchange
therefor,  the  mayor  is  authorized  to acquire other land of equal or
greater value of private owners lying within the same borough;  provided
that  the  mayor  shall  determine that such lands of private owners are
needed for a public purpose. To determine the value of the land  of  the
city,  and  of  the  land to be exchanged therefor, the board shall have
such property of the city and the mayor shall have the property  of  the
owners  duly appraised by three discreet and disinterested appraisers to
be appointed by such board  and  the  mayor.  The  appraisers  shall  be
residents  of  the  borough  in  which such lands are situated, and such
appraisal shall be made within three months prior to the  date  of  such
exchange.  The  corporation  counsel,  as  directed by a resolution duly
adopted and certified by the board and by  order  of  the  mayor,  shall
approve  the  form of all legal instruments necessary on the part of the
city to effect such exchange in law, and the board and the  mayor  shall
designate  and  authorize  the proper officer to execute and deliver any
and all legal instruments necessary to  effectuate  such  exchange.  The
land  so  acquired  by  the  exchange  shall  be  assigned to the agency
requiring the use of the same upon proper appplication therefor.

Section 4-114

Section 4-114

  §  4-114  Boundary  disputes;  power  to settle. The board of estimate
shall have power, by three-fourths vote, to settle and adjust by  mutual
conveyances or otherwise, and upon such terms and conditions as may seem
to them proper, disputes existing between the city and private owners of
real  property,  in  respect  to  boundary  lines,  and  to release such
interest of the city in real property as the corporation  counsel  shall
certify  in  writing to be mere clouds upon titles of private owners, in
such manner and upon such terms and conditions as in its judgment  shall
seem proper.

Section 4-115

Section 4-115

  §  4-115  Demolition or removal of buildings. a. The board of estimate
shall have discretion  to  direct  the  demolition  or  removal  of  all
buildings  or  other structures owned by the city and not needed for any
public purpose.
  b. Upon the failure of the board of estimate to receive any  bids  for
the  demolition  or  removal  of  buildings  or other structures on land
acquired by the city for a public improvement, the  agency  under  whose
jurisdiction  such public improvement is to be made may provide for such
demolition or removal in the contract  or  contracts  relating  to  such
improvement.

Section 4-116

Section 4-116

  §  4-116  Discrimination  in  housing. Every deed, lease or instrument
made or entered into by  the  city,  or  any  agency  thereof,  for  the
conveyance,  lease  or disposal of real property or any interest therein
for the purpose of housing construction pursuant to  the  provisions  of
article  fifteen  of  the  general  municipal  law and laws supplemental
thereto and amendatory thereof shall  provide  that  no  person  seeking
dwelling  accommodations  in  any  structure erected or to be erected on
such real property shall  be  discriminated  against  because  of  race,
color, religion, national origin or ancestry.

Section 4-117

Section 4-117

  §  4-117  Title  to  former town burial grounds; care, maintenance and
operation; appropriation for care and maintenance; transfer of funds. a.
Title to former town burial grounds. Title to any  burial  ground  which
formerly  was  the  public  property  of  any  town,  village  or  city,
consolidated into and now a part of the city  of  New  York,  is  hereby
declared to vest in the city of New York.
  b.  Care and maintenance of said burial grounds. The agency designated
by executive order  of  the  mayor  shall  be  charged  with  the  care,
maintenance and operation of said burial grounds.
  c.  The head of such agency shall promulgate such regulations as he or
she deems necessary and proper in relation to the care, maintenance  and
operation  of  any such cemetery under his or her jurisdiction. The head
of such agency shall prescribe in such regulations reasonable  interment
fees  and  charges for the care of graves and other services customarily
rendered in cemeteries. Notwithstanding any other provision of law,  the
head  of  such agency shall prescribe in such regulations, a schedule of
prices as recommended by the  commissioner  of  citywide  administrative
services for the sale of lots in any such cemetery, and the commissioner
of  citywide  administrative  services  shall be authorized to sell such
lots for such prices without further approval  of  any  other  official.
Instruments  evidencing the ownership of any purchaser of such lot shall
be executed by the commissioner of citywide administrative services  and
approved  as  to form by the corporation counsel. All fees, charges, and
other moneys received by the head of such agency in connection with  the
care,  maintenance  and operation of any such cemetery and all sums paid
to the commissioner of citywide administrative services for  lots  shall
be  paid to the comptroller and deposited in and credited to the general
fund.
  d. Appropriation for care, maintenance and operation. There  shall  be
appropriated  by  the  city  funds  to  provide  for  the  proper  care,
maintenance and operation of said burial grounds.
  e. All funds and property held by any trustee of such burial  grounds,
other  than  funds and property held in trust, shall be paid over to the
comptroller and deposited in and credited to the general fund. All funds
and property held by any such trustee in trust shall  be  paid  over  or
delivered  to  the comptroller, and shall be held in trust, administered
and managed by the comptroller, with power to invest and re-invest,  for
the  purposes  for  which  such funds and property were held in trust by
such trustee. In any case in which an officer  or  agency  of  the  city
incurs  any  expense  in carrying out any such trust, including expenses
for providing perpetual care, cemetery  maintenance  and  care,  or  any
other  service,  work  or  materials  contemplated  by  such  trust, the
comptroller may reimburse the city for such expense from the income from
the trust funds or property held by the comptroller in  connection  with
such  trust,  and  from the corpus thereof where the terms of such trust
permit the use of the corpus for carrying out its purposes.

Section 4-118

Section 4-118

  §  4-118  Investment of trust funds for perpetual care and maintenance
in cemeteries. In investing and reinvesting trust funds held by  him  or
her  pursuant  to  section 4-117 or otherwise for the perpetual care and
maintenance of any lot, plot or part thereof in  a  cemetery  or  burial
ground  maintained  and  operated by the city of New York, and under the
jurisdiction of the borough president of the respective borough in which
such cemetery or burial ground exists, the comptroller  may  add  moneys
and  property  received  by him or her, whether by contract, in trust or
otherwise, to any similar trust fund or funds, and apportion  shares  or
interests  to  each  trust  fund, showing upon his or her records at all
times every share or interest, or he or she  may  combine  two  or  more
trust funds or portions of the same.

Section 4-119

Section 4-119

  §  4-119  Acquisition  of certain cemetery lands in the borough of the
Bronx. a. The city may acquire by gift, and  maintain  and  continue  to
operate as a cemetery principally for the burial of members of the armed
forces of the United States, the following described premises:
  All  that  piece  or parcel of cemetery land situate in the borough of
Bronx, city and state of New York, bounded and described as follows:
  Beginning at the corner formed by the intersection  of  the  northerly
side  of  East  one  hundred  eightieth street, and the westerly side of
Bryant avenue; running thence northerly along the said westerly side  of
Bryant  avenue;  one  hundred  ninety  and  eighty-seven  one-hundredths
(190.87) feet; thence westerly, parallel with the northerly side of East
one hundred eightieth street, one  hundred  fifty-six  and  ninety-seven
one-hundredths  (156.97)  feet;  thence  southerly,  parallel  with  the
westerly side of  Bryant  avenue,  one  hundred  eighty-eight  and  nine
one-hundredths  (188.09)  feet to the northerly side of East one hundred
eightieth street; and running thence easterly, along the northerly  side
of  East  one  hundred  eightieth  street,  one  hundred  fifty-five and
fifty-six  one-hundredths  (155.56)  feet  to  the  point  or  place  of
beginning. Be the said several distances and dimensions more or less.
  b.  The  head of the agency designated by executive order of the mayor
shall be charged with the care, maintenance and operation of said burial
ground, and shall  promulgate  such  regulations  as  he  or  she  deems
necessary  and  proper  in  relation  thereto.  The  head  of the agency
designated by the mayor shall prescribe in  such  regulations  interment
fees  and  charges for the care of graves and other services customarily
rendered in cemeteries. Notwithstanding any other provision of law,  the
agency  so designated shall prescribe in such regulations, a schedule of
prices as recommended by the  commissioner  of  citywide  administrative
services  for  the sale of lots in the cemetery, and the commissioner of
citywide administrative services shall be authorized to sell  such  lots
for  such  prices  without  further  approval  of  any  other  official.
Instruments evidencing the ownership of any purchaser of such lot  shall
be  executed by the commissioner of citywide administrative services and
approved as to form by the corporation counsel. All  fees,  charges  and
other  moneys  received  by  such  agency  in  connection with the care,
maintenance and operation of the cemetery  and  all  sums  paid  to  the
commissioner  of citywide administrative services for lots shall be paid
to the comptroller and deposited in and credited to the general fund.
  c. There shall be appropriated by the city funds to  provide  for  the
proper care, maintenance and operation of said burial ground.