Section 4-201
§ 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.
Section 4-202
§ 4-202 Collection of rents. The commissioner of citywide
administrative services shall collect all rents, charges and any other
sums payable or due to the city from any tenant, occupant or other
person, under any lease, rental agreement, permit, license or otherwise,
for occupancy, use and occupation or other use of real property of the
city or any portion of such property, which the commissioner is under
the duty to manage and superintend. It shall be the duty of the
commissioner to collect rental or other charges for temporary occupancy,
use and occupation or other use of property acquired by the city for
public purposes between the time of the acquisition thereof and the time
when the same can be actually utilized for the purpose for which it was
acquired, and for occupancy, use and occupation or other use of all
property which, having been originally acquired for public purposes, has
ceased to be used for such purposes. All such rents, charges and other
sums collected by the commisssioner as provided in this section shall be
paid by the commissioner daily to the commissioner of finance and a
public record thereof shall be kept in the commissioner's office.
Section 4-203
§ 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.
Section 4-204
§ 4-204 Demolition of buildings and structures. a. The commissioner of
citywide administrative services or the commissioner of housing
preservation and development, when requested to do so by the mayor, may
cause to be demolished any buildings or structures located on any real
property which the commissioner is authorized to manage and superintend.
b. Whenever a borough superintendent of the department of buildings
requests, pursuant to the provisions of section 26-240 of the code, that
the commissioner demolish any building or structure or part thereof as
to which a precept has been issued pursuant to the provisions of section
26-239 of the code, the commissioner shall cause same to be demolished
in accordance with such request.
c. The commissioner may effect any demolition work mentioned in
subdivision a or b of this section, through personnel of the city or by
letting a contract for such work, or where such board shall so direct,
such demolition work shall be done, under the direction of the
commissioner, by any other agency of the city designated by the board,
through personnel of the city or through the letting of a contract by
such agency for the work.
Section 4-205
§ 4-205 Supervision of management activities of developers. The
commissioner of citywide administrative services or, when designated by
the mayor, the commissioner of design and construction, shall supervise
the management activities of any party to a contract with the city which
requires such party to develop any real property in accordance with the
terms of such contract, in any case where such contract provides that
the commissioner shall exercise such supervision.
Section 4-206
§ 4-206 Displaying a POW/MIA Flag over Public Property. Until such
time as all persons listed as missing in action from any branch of the
United States Armed Forces, and all persons from any branch of our armed
forces who are prisoners of war, are accounted for by the United States
government, the commissioner of citywide administrative services shall
assure that the Prisoner of War/Missing in Action (POW/MIA) flag is
flown:
(1) over all borough halls every day the American flag is flown; and
(2) over all public property supervised by the commissioner on the
dates when the American flag is flown in observance of Memorial Day,
Veterans Day, and POW/MIA day.
Section 4-207
§ 4-207 Assessment of certain clean on-site power generation
technologies. a. By January 1, 2008, the department of citywide
administrative services shall conduct an assessment of all facilities
owned by the city with a five hundred kilowatt or greater peak demand to
determine whether cogeneration and natural gas-based distributed
generation projects are appropriate for such facilities. For purposes of
this section, "cogeneration and natural gas-based distributed generation
projects" shall only include those projects where such electric
generation would be connected to the distribution level of the grid,
would be located at or near the intended place of use and would produce
fewer emissions of carbon dioxide and particulate matter per unit of
useful energy output than a new combined-cycle natural-gas fired central
power plant. Such assessment shall include, but not be limited to, the
technical, physical and/or economic feasibility of installing such
electric generation.
b. The assessment required to be completed pursuant to subdivision a
of this section shall be reviewed by the department of citywide
administrative services at a minimum of every five years and shall be
updated, as appropriate, to reflect newly acquired facilities and
changes in existing facilities that may alter the conclusions made in
such assessment, as it may have been revised, as well as developments in
the electric generation technologies specified in subdivision a of this
section that affect the emissions of carbon dioxide or particulate
matter resulting from the use of such technologies or affect prior
technical, physical or economic feasibility assessments, including the
availability of funding or financing sources.
c. A report on the assessment and updates required to be completed
pursuant to subdivisions a and b of this section shall be submitted to
the mayor and the speaker of the council within ten days of the
completion of such assessment and updates, and shall include, but not be
limited to, an explanation of the process, criteria and specific
analyses used for such assessments and updates and the results of such
assessments and updates for each facility.
Section 4-208.
§ 4-208. List of City-Owned and Operated Real Property. a. The
department of citywide administrative services shall keep and maintain a
complete list of the location and current use of all real property owned
or leased by the city. For each parcel of property, such list shall
include, but need not be limited to, the following information to the
extent such information is available:
1) the map on which the property appears in the most recent atlas of
the property;
2) the tax block number;
3) the tax lot number;
4) the address or name of the property, if applicable;
5) the agency to which the property is assigned;
6) sufficient information to determine the property's current use or
to determine that it has no current use;
7) total area of the property, expressed in square feet and rounded to
the nearest integer;
8) whether the property contains the presence of an open petroleum
spill;
9) whether the property is enrolled in a government cleanup program,
and if so, the name of such program;
10) the year construction of the structure or structures was completed
and whether such year is an estimate, where applicable;
11) the number of structures, where applicable;
12) total gross area of all structures expressed in square feet and
rounded to the nearest integer, where applicable;
13) ratio of building floor area to the area of the property, where
applicable;
14) allowable ratio of building floor area to the area of the
property, where applicable;
15) land use category as defined by the department of city planning;
16) the community district;
17) the most recent census tract;
18) the most recent census block;
19) the community school district;
20) the city council district;
21) the zip code;
22) the fire company that services the property;
23) the health area;
24) the health center district;
25) the police precinct;
26) the major use of the structure or structures, where applicable;
27) the number of easements, where applicable;
28) the exterior dimensions of the portion of the structure or
structures allocated for commercial use, where applicable;
29) the exterior dimensions of the portion of the structure or
structures allocated for residential use, where applicable;
30) the exterior dimensions of the portion of the structure or
structures allocated for office use, where applicable;
31) the exterior dimensions of the portion of the structure or
structures allocated for retail use, where applicable;
32) the exterior dimensions of the portion of the structure or
structures allocated for garage use, where applicable;
33) the exterior dimensions of the portion of the structure or
structures allocated for storage or loft use, where applicable;
34) the exterior dimensions of the portion of the structure or
structures allocated for factory use, where applicable;
35) the exterior dimensions of the portion of the structure or
structures allocated for a use or uses other than residential, office,
retail, garage, storage, loft or factory use, where applicable;
36) the number of full and partial stories starting from the ground
floor in the primary structure, where applicable;
37) the sum of residential units in all structures, where applicable;
38) the sum of residential and non-residential units in all
structures, where applicable;
39) the frontage, measured in feet;
40) the depth, measured in feet;
41) the frontage along the street, measured in feet;
42) the depth of the structure or structures, which is the effective
perpendicular distance, measured in feet, where applicable;
43) whether the structure or structures are detached, semi-detached or
attached to neighboring structures, where applicable;
44) whether the property is irregularly shaped;
45) the location relative to another lot or the water, expressed as
mixed or unknown, block assemblage, waterfront, corner, through, inside,
interior, island, alley or submerged land;
46) a description of the basement, expressed as none, full basement
that is above grade, full basement that is below grade, partial basement
that is above grade, partial basement that is below grade or unknown;
47) the actual assessed value as of the most recent fiscal year;
48) the actual exempt land value as of the most recent fiscal year;
49) the actual exempt total value as of the most recent fiscal year;
50) the year of the most recent alteration, where applicable;
51) the year of the second most recent alteration, where applicable;
52) the name of the historic district, where applicable;
53) whether the property is a landmark and, if so, the name of such
landmark, where applicable;
54) the condominium number assigned to the complex, where applicable;
55) the coordinate of the XY coordinate pair that depicts the
property's approximate location as expressed in the New York-Long Island
state plane coordination system;
56) the e-designation number associated with the property, where
applicable;
57) whether the property is located in an industrial business zone;
58) the primary zoning classification of the property;
59) the zoning destination occupying the second greatest percentage of
the property's area, where applicable;
60) the primary commercial overlay assigned to the property, where
applicable;
61) the commercial overlay occupying the second greatest percentage of
the property's area, where applicable;
62) the special purpose or limited height district assigned to the
property, where applicable;
63) the special purpose or limited height district assigned to the
property occupying the second greatest percentage of the property's
area, where applicable;
64) whether the land is potentially suitable for urban agriculture;
and
65) agency contact information, including name, telephone number and
email address.
b. For each property managed by the economic development corporation,
such list shall include the percentage of usable space actually occupied
by a tenant or tenants.
c. Such list shall be made available to the public at no charge on a
website maintained by or on behalf of the city of New York in a sortable
and searchable format and for download at no charge from such website in
a non-proprietary database format. Such list shall be completely updated
no less than once every two years.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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