Title 4: Property of the City¶

Chapter 1: Real Estate Transactions¶

§ 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.

§ 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.

§ 4-104 Title to certain public beaches; limitations thereon.

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.
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.

§ 4-105 Land in private or in closed or discontinued streets; conveyance to abutting owners or other persons.

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.
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.
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 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.
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.
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.

§ 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:

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.
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.

1. 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.

1. 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.

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.
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.
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.
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.
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.
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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 4-115 Demolition or removal of buildings.

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.
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 suchdemolition or removal in the contract or contracts relating to such improvement.

§ 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.

§ 4-117 Title to former town burial grounds; care, maintenance and operation; appropriation for care and maintenance; transfer of funds.

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.
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.
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.
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.
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 reinvest, 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.

§ 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.

§ 4-119 Acquisition of certain cemetery lands in the borough of the Bronx.

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.
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.
There shall be appropriated by the city funds to provide for the proper care, maintenance and operation of said burial ground.

§ 4-120 Minority and women-owned business enterprises.

Notwithstanding any provision of state or local law to the contrary, any agency of the city making a loan or disposing of property pursuant to the private housing finance law, or article fifteen or sixteen of the general municipal law may implement such measures as are appropriate and consistent with the equal protection clause to facilitate and encourage meaningful participation by minority or women-owned business enterprises.

Chapter 2: Real Property Management¶

§ 4-201 Commissioner of citywide administrative services, functions.

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.
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.

§ 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.

§ 4-203 Leasing or renting of real property by commissioner of citywide administrative services.

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 super- intend.
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.
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.
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.
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.

§ 4-204 Demolition of buildings and structures.

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.
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.
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 commisssioner, 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.

§ 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.

§ 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:

over all borough halls every day the American flag is flown; and
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.

§ 4-207 Assessment of certain clean on-site power generation technologies.

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.
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.
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.

§ 4-207.1 Photovoltaic systems for city-owned buildings.

As used in this section:

City building. The term “city building” shall have the meaning ascribed to such term in section 28-309.2 of the code.

Cost effective. The term “cost effective” means, with respect to the installation of a photovoltaic system or additional photovoltaic system capacity, one or more of the following determinations:

1. The cumulative savings expected to result from such installation, including expected savings in energy costs, will in 25 years or less, equal or exceed the expected costs of such installation, less all federal, state and other non-city governmental assistance available to offset the cost of such installation and including the social cost of carbon value, as described in paragraphs 3 and 4 of subdivision d of section 3-125 of the code; provided, however, that a higher site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value described in such paragraphs.

2. A power purchase agreement relating to such installation, entered into with the city, offers electricity rates for photovoltaic systems that meet or are lower than the average prevailing utility rates.

Department. The term “department” means the department of citywide administrative services.

Eligible roof. The term “eligible roof” means a city building roof that is less than or equal to ten years old and in good condition, as defined by city asset management standards.

By December 31, 2016, and by September 1 of every second year thereafter, the department, with the cooperation of all appropriate city agencies, shall submit to the speaker of the council and the mayor, and make publicly available online, a report containing, at a minimum, the following information for each city building, disaggregated by council district:

1. The street address of such building;

2. The age of such building’s roof;

3. Whether such building’s roof is in good condition, as defined by city asset management standards;

4. For each eligible roof, the following information will be provided:

(a) the estimated potential photovoltaic system size that could be installed on such roof, as expressed in installed power capacity (in kilowatts);

(b) the estimated potential energy that could be generated by such system annually (in kilowatt-hours);

(c) the estimated amount of greenhouse gas emissions reduced or avoided annually due to the use of such system;

5. Whether a photovoltaic system has been installed at such building and, if such a system has been installed, a description thereof, including:

(a) the photovoltaic system size expressed in installed power capacity (in kilowatts), as a percentage of the maximum peak power need identified for such building and, if such building has an eligible roof, as a percentage of the maximum photovoltaic system size that could be cost effectively installed on the roof of such building;

(b) the energy generated by such system annually (in kilowatt-hours) and expressed as a percentage of the estimated energy consumption of such building;

(c) the date of such installation;

(d) the total cost of such system and a description of how the installation of such system was financed, including whether such financing involved a power purchase agreement entered into with the city;

(e) the energy cost savings resulting from and revenue generated by such system annually; and

(f) the estimated amount of greenhouse gas emissions reduced or avoided due to such system annually.

6. If a photovoltaic system has not been installed at such building, the reasons that such a system was not installed and, where an alternate sustainability project, structural change or other use has been proposed or carried out for the roof of such building, a description of such alternate project, structural change or use including:

(a) the projected benefits thereof;

(b) the estimated energy cost savings, if applicable; and

(c) the estimated amount of greenhouse gas emissions reduced or avoided annually due to such project, structural change or use, if applicable, and associated economic value as determined using the social cost of carbon value, as described in paragraphs 3 and 4 of subdivision d of section 3-125 of the code.

§ 4-207.2 Monitoring electricity and fossil fuel usage in certain facilities.

For the purposes of this section:

Covered facility. The term “covered facility” means a facility for which the city is responsible for the payment of electricity utility bills and where at least one electricity account exists for which demand was at least 300 kilowatts (kW) during the previous fiscal year.

Department. The term “department” means the department of citywide administrative services.

Electricity usage telemetry equipment. The term “electricity usage telemetry equipment” means equipment that allows electricity usage to be measured and reported in near real-time.

No later than December 31, 2018, and every year for a period of three years from that date, the department shall submit to the speaker of the council and to the mayor, and make publicly available on its website, a report on electricity and fossil fuel usage in, and assessments of or improvements made to the envelopes of, certain covered facilities. Such report shall include, but need not be limited to, the following information:

1. For each covered facility:

(a) Street address;

(b) A statement as to whether electricity usage telemetry equipment has been installed at such facility;

(c) If such electricity usage telemetry equipment has not been installed at such facility, whether such installation is appropriate and practicable and, if appropriate and practicable, the year such equipment is expected to be installed;

(d) The electricity usage of such facility during the previous fiscal year or the portion of such period of time that such facility was a covered facility;

(e) The change in such facility’s electricity usage over the last five fiscal years or the portion of such period of time that such facility was a covered facility; and

(f) The total change in electricity usage over the same period for all covered facilities.

2. For each covered facility that is a city-owned building:

(a) The amount of fossil fuel used by such facility during the previous fiscal year or the portion of such period of time that such facility was a covered facility and a city-owned building;

(b) The change in such facility’s fossil fuel usage over the last five fiscal years or the portion of such period of time that such facility was a covered facility and a city-owned building;

(c) The total change in fossil fuel usage over the same period for all covered facilities that are city-owned buildings;

(d) A statement as to whether the city has assessed the envelope of such facility during the previous fiscal year; and

(e) A description of any improvements made to the envelope of such facility that were commenced, continued or completed during the previous fiscal year.

The department, in conjunction with any other appropriate city agency, shall coordinate the installation of electricity usage telemetry equipment in any covered facility where the department has determined that installation of such equipment is appropriate and practicable.
Following installation of electricity usage telemetry equipment by the department at a covered facility, the department shall train agency personnel responsible for such facility in using such equipment to monitor electricity usage.

§ 4-207.3 Utility-scale energy storage systems for city buildings.

Definitions. As used in this section, the following terms have the following meanings:

Energy storage system. The term “energy storage system” means a set of methods and technologies for storing potential, kinetic, chemical, electromagnetic, thermal, or any other type of energy, including compressed air, flywheels, batteries, superconducting magnetic storage and ice storage, so that such energy may be used at a time other than when it is generated.

City building. The term “city building” means a building that is owned by the city or for which the city regularly pays all of the annual energy bills, or a cultural institution that is in the cultural institutions group as determined by the department of cultural affairs for which the city regularly pays all or part of the annual energy bills.

Commissioner. The term “commissioner” means the commissioner of citywide administrative services

Cost effective. The term “cost effective” means, with respect to the installation of an energy storage system, that the cumulative savings in energy costs expected to result from the use of such system will, within 15 years of installation of such system, be equal to or exceed the expected costs of the acquisition, installation, and maintenance of such system during that same time period. The determination of cost effectiveness shall not include any savings in energy costs directly attributed to federal, state and other non-city governmental assistance, but shall include the social cost of carbon value, as provided in paragraph 3 of subdivision d of section 3-125 or pursuant to paragraph 4 of subdivision d of section 3-125, provided however, that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided in or pursuant to such paragraphs if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in or pursuant to such paragraphs.

Department. The term “department” means the department of citywide administrative services.

No later than April 30, 2021, the department, or any other agency authorized by the commissioner, shall complete a study regarding the feasibility of the installation and use of each available type of utility-scale energy storage systems in each city building, and submit to the mayor and the speaker of the council a copy of such study. Such study shall include a review of any available federal or state funds or incentives for the acquisition, installation, operation or maintenance of such systems.
The department, or any other agency authorized by the commissioner, shall, in accordance with all applicable law, install utility-scale energy storage systems on all city buildings where the installation of such systems is cost effective, as determined by the study described in subdivision b.
No later than December 15, 2021, the department shall report to the mayor and the speaker of the council:

1. The types of utility-scale energy storage systems that were studied, as applied to various city buildings;

2. The city buildings where the installation of a utility-scale energy storage system may be appropriate, as determined by the department and the projected annual energy and other cost savings for each such system, both individually and in the aggregate;

3. The number of city buildings where the installation of a utility-scale energy storage system has been commenced by the department or other agency authorized by the commissioner; and

4. The number of city buildings where the installation of a utility-scale energy storage system has been completed by the department or other agency authorized by the commissioner, the type of such system installed on such building, and the annual energy and other cost savings associated with the installation and use of such systems.

§ 4-207.4 Solar water heating and thermal energy systems for city-owned buildings.

As used in this section, the following terms have the following meanings:

City building. The term “city building” means a building that is owned by the city or for which the city regularly pays all of the annual energy bills, or a cultural institution that is in the cultural institutions group as determined by the department of cultural affairs for which the city regularly pays all or part of the annual energy bills.

Commissioner. The term “commissioner” means the commissioner of citywide administrative services.

Cost effective. The term “cost effective” means, with respect to the installation of a solar water heating or thermal energy system, that the cumulative savings expected to result from the use of such system, including expected savings in energy costs, will, within 25 years of such installation, be equal to or exceed the expected costs of the acquisition, installation, and maintenance of such system during that same time period. The determination of cost effectiveness shall not include any savings in costs directly attributed to federal, state and other non-city governmental assistance, but shall include the social cost of carbon value, as provided in paragraph 3 of subdivision d of section 3-125 or pursuant to paragraph 4 of subdivision d of section 3-125, provided, however, that a site- or project-specific social cost of carbon value may be developed and used in lieu of the social cost of carbon value provided in or pursuant to such paragraphs if such site- or project-specific social cost of carbon value is higher than the social cost of carbon value provided in or pursuant to such paragraphs.

Department. The term “department” means the department of citywide administrative services.

No later than April 30, 2021, the department, or any other agency authorized by the commissioner, shall conduct a study identifying the types of city-owned buildings where solar water heating and thermal energy systems may be appropriate and cost-effective, and submit such study to the mayor and the speaker of the council. Such study shall describe any federal or state funds or incentives that would be available to defray costs related to the installation, operation or maintenance of such systems.
The department, or any other agency authorized by the commissioner, shall, in accordance with all applicable law, install a solar water heating system or a thermal energy system on all city-owned buildings where the traditional hot water or space heating equipment has reached the end of its useful life, provided that such a solar water heating system or thermal energy system is cost effective, as determined by the study described in subdivision b.
No later than December 15, 2021, the department shall report to the mayor and the speaker of the council:

1. The types of city buildings where the installation of a solar water heating or thermal energy system may be appropriate, as determined by the department;

2. The number of city buildings where the installation of a solar water heating or thermal energy system has been commenced by the department of other agency authorized by the commissioner;

3. The number of city buildings where the installation of a solar water heating or thermal energy system has been completed by the department of other agency authorized by the commissioner; and

4. The annual energy and other cost savings, and any other environmental benefits associated with the use of such completed systems.

§ 4-208 List of city-owned and operated real property.

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 designation 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.

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.
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.

§ 4-209 Automated external defibrillators at youth baseball and youth softball games and practices on city land leased to youth leagues.

Definitions. As used in this section, the following terms have the following meanings:

Automated external defibrillator. The term “automated external defibrillator” means a medical device, approved by the United States food and drug administration, that: (i) is capable of recognizing the presence or absence in a patient of ventricular fibrillation and rapid ventricular tachycardia; (ii) is capable of determining, without intervention by an individual, whether defibrillation should be performed on a patient; (iii) upon determining that defibrillation should be performed, automatically charges and requests delivery of an electrical impulse to a patient’s heart; and (iv) upon action by an individual, delivers an appropriate electrical impulse to a patient’s heart to perform defibrillation.

Department. The term “department” means the department of citywide administrative services or any successor of such department.

Training course. The term “training course” means a course approved by a nationally-recognized organization or the state emergency medical services council in the operation of automated external defibrillators.

Youth baseball league. The term “youth baseball league” means a youth league that plays baseball.

Youth league. The term “youth league” means youth recreation sports leagues other than the public school leagues, including school leagues, little leagues, community based organization leagues, and unaffiliated leagues.

Youth recreation. The term “youth recreation” means athletic activity with participants who are all 17 years old or younger, but includes grade school through high school athletic programs regardless of the age of the participants.

Youth softball league. The term “youth softball league” means a youth league that plays softball.

Subject to the provision of a sufficient number of automated external defibrillators and training courses by the department pursuant to subdivision c or subdivision k, a youth league provided with an automated external defibrillator pursuant to this section using a field for which the department is the lessor shall:

1. make available an automated external defibrillator at every game and practice occurring at such field in which a team of such league participates; and

2. where practicable, ensure that there is at least one coach, umpire or other qualified adult who is present at each such game and practice who has successfully completed a training course within 24 months of each such game and practice.

The department shall provide to youth baseball leagues and youth softball leagues subject to the requirements of subdivision b a sufficient number of automated external defibrillators and training courses at no cost to such leagues. Any defibrillator provided by the department to such a league shall be returned in satisfactory condition at the end of the lease or upon request of such department.
The department shall not lease a ballfield to a youth baseball league or a youth softball league unless such lease requires that the lessee comply with subdivision b.
Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment using an automated external defibrillator that has been made available pursuant to this section, to a person who is unconscious, ill or injured, and any individual or entity that purchases or makes available an automated external defibrillator as required by this section, is entitled to the limitation of liability provided in section 3000-a of the New York state public health law.
Nothing contained in this section imposes any duty or obligation on any person to provide assistance with an automated external defibrillator to a victim of a medical emergency.
Nothing contained in this section affects the obligations or liability of emergency health providers pursuant to section 3000-b of the New York state public health law.
Any youth league that violates the provisions of subdivision b shall receive a warning for a first violation, and shall be liable for a civil penalty of $500 for each subsequent violation, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings. Any youth league provided with a device pursuant to this section that violates the provisions of subdivision c or subdivision k shall be liable for a civil penalty of no more than $2,500 for each automated external defibrillator that is not returned in satisfactory condition, recoverable in a proceeding before any tribunal established within the office of administrative trials and hearings or within any agency of the city of New York designated to conduct such proceedings.
The provision of automated external defibrillators and training courses authorized by this section shall be limited to the appropriation of funds available for this program. To the extent the department anticipates that the number of automated external defibrillators and training courses requested by youth baseball leagues and youth softball leagues will exceed the funds available, the department shall provide such defibrillators and training courses authorized by subdivision c on an equitable basis until such funds are exhausted.
The commissioner of the department shall promulgate any rules as may be necessary for the purposes of carrying out the provisions of this section.
If the department has any undistributed automated external defibrillators remaining after complying with subdivision c of this section, the department may distribute such automated external defibrillators to any other youth league at no cost to such youth league. Any automated external defibrillator so distributed shall be returned in satisfactory condition upon request of the department.

§ 4-210 Access to city property.

Definitions. As used in this section, the following terms have the following meanings:

City property. The term “city property” means any real property leased or owned by the city that serves a city governmental purpose and over which the city has operational control.

Human services. The term “human services” has the meaning as set forth in subdivision c of section 6-129.

Judicial warrant. The term “judicial warrant” means a warrant issued by a judge appointed pursuant to article III of the United States constitution or a federal magistrate judge appointed pursuant to section 631 of title 28 of the United States code, or any successor provision, or by a court of the state of New York, that authorizes a law enforcement officer to take into custody the person who is the subject of such warrant or to conduct a search or otherwise enter the premises at issue in accordance with the terms of the warrant.

Limited access to city property. The city shall not knowingly permit governmental personnel who are empowered to enforce civil or criminal laws, other than personnel of the city, the department of education, or a local public benefit corporation or local public authority, to have access to non-public areas of city property unless:

1. such personnel are authorized to have access pursuant to an agreement, contract, or subcontract;

2. such personnel present a judicial warrant;

3. access is otherwise required by law;

4. such personnel are accessing such property as part of a cooperative arrangement involving city, state, or federal agencies;

5. access furthers the purpose or mission of a city agency; or

6. exigent circumstances exist.

Human services contractors and subcontractors. Agencies shall require any contractor having regular contact with the public in the daily administration of human services to apply the requirements of subdivision b to any location, whether or not on city property, where such services are provided under a city contract, whether through such contractors or their subcontractors.
Guidelines and rules. Any agency with jurisdiction over city property shall adopt guidelines or rules, as appropriate, to implement this section or, alternatively, the mayor or an office or agency designated by the mayor may adopt guidelines or rules applicable to multiple agencies, in furtherance of the efficient implementation of this section. Any guidelines or rules shall provide for designating an individual at each city agency who shall be responsible for the implementation of this local law and any such guidelines or rules.
Posting on city website. The mayor, or an office or agency designated by the mayor, shall ensure that any generalized guidelines or rules, including agency-wide guidelines or rules, regarding limited access to city property are posted on a website maintained by or on behalf of the city.
Training. All new or renewed city contracts for security services on city property at which there is regular contact with the public in the daily administration of human services by or on behalf of the city shall contain a provision requiring relevant employees of the security contractor or subcontractor be provided with training on the requirements of this section, at no cost to such employees. Any employees subject to this requirement shall be compensated at their regular rate of compensation for time spent participating in such training, where applicable.

§ 4-211 Green energy in city-owned buildings.

As used in this section:

City-owned building. The term “city-owned building” shall have the meaning ascribed to the term “city building” in section 28-308.1 of the code.

Green energy source. The term “green energy source” means a source of energy that is:

1. A qualified energy resource, as such term is defined in section 45 of title 26 of the United States code in effect on January 1, 2017;

2. A source that is determined to be renewable by the head of an office or agency designated by the mayor; or

3. A source that is determined by such head to have (i) a positive environmental impact or (ii) a substantially lower negative environmental impact than fossil fuel-based energy sources.

Green energy system. The term “green energy system” means a system that generates energy (i) substantially from one or more green energy sources, in accordance with rules promulgated by an office or agency designated by the mayor, or (ii) wholly from one or more green energy sources.

1. On and after January 1, 2050, 100 percent of electricity use by city-owned buildings shall be (i) generated from a green energy system owned or installed by the city or (ii) purchased by the city and generated from a green energy system.
Every 10 years after the effective date of the local law that added this section, the commissioner of citywide administrative services shall electronically submit to the mayor and speaker of the council, and make publicly available online, a report concerning the implementation of this section, including, but not limited to, the following:

1. The percentage of electricity used by city-owned buildings that comes from green energy sources;

2. Any difficulties in complying with this section and recommendations for addressing such difficulties;

3. The types of green energy sources utilized for electricity used by city-owned buildings and recommendations for expanding or limiting the definition of green energy sources in this section, if any;

4. The costs attributable to complying with this section; and

5. Reductions in greenhouse gas emissions attributable to complying with this section and any other environmental or electricity-related benefits attributable to such compliance.

The mayor shall include in each long-term sustainability plan required by subdivision e of section 20 of the charter a report analyzing subjects including, but not limited to, the following:

1. Compliance with the requirements of this section;

2. The feasibility of using green energy systems for providing building heating and hot water;

3. The amount and percentage of building heating and hot water provided from green energy systems;

4. The types of green energy sources currently being used to provide building heating and hot water and the limitations to expanding these sources to additional buildings;

5. Identification of building heating and hot water systems or technologies using green energy systems, the current limitations of building heating and hot water systems or technologies and a timeline for when such systems or technologies may be commercially viable for installation in city-owned buildings;

6. The costs associated with providing building heating and hot water from green energy systems;

7. The risks associated with providing building heating and hot water from green energy systems; and

8. Reductions in greenhouse gases and any other environmental or energy benefits associated with providing building heating and hot water from green energy systems.

§ 4-212 School siting task force.

There shall be an interagency task force to review relevant city real estate transactions to identify opportunities for potential school sites. Such task force shall also review city-owned buildings, city-owned property and vacant land within the city to evaluate potential opportunities for new school construction or leasing for school use.
The task force shall consist of the members specified in this subdivision, or their designees:

1. The chancellor of the city school district of the city of New York;

2. The commissioner of citywide administrative services;

3. The director of city planning;

4. The commissioner of housing and preservation development;

5. The speaker of the council; and

6. The president and chief executive officer of the New York city school construction authority, and the president or chief executive officer of a local development corporation or other not-for-profit corporation, a majority of whose members are appointed by the mayor, that contracts with the city to provide or administer economic development benefits on behalf of the city, may participate in the task force as members at the invitation of the mayor and the speaker.

One member shall be designated as chairperson by the mayor after consultation with the speaker.
The task force shall consult with agencies or offices with jurisdiction over environmental and planning concerns as appropriate, and may consult with interested members of the public, including but not limited to parents of students currently enrolled in the city school district of the city of New York.
No later than July 31, 2019, the task force shall submit a report to the mayor, the speaker, the chancellor of the city school district of the city of New York and the president and chief executive officer of the New York city school construction authority on the results of its review pursuant to this section. Such report shall be updated thereafter as necessary, as determined by the task force.

§ 4-213 Notice to department of education and school construction authority regarding city-owned or leased property.

Definitions. For the purposes of this section, the term “department” means the department of citywide administrative services.
Within 30 days of a determination by the department that city-owned or leased property with a lot size of at least 20,000 square feet has no current use, the department shall provide written notice to the department of education and the New York city school construction authority, which notice shall include the information required by subdivision a of section 4-208, to the extent such information is available.

§ 4-214 Notice of soil contaminants in city development projects.

Definitions. For the purposes of this section, the following terms have the following meanings:

City development project. The term “city development project” means a project undertaken by an agency, a city economic development entity, or by a party in contract with the city, for the purpose of improvement or development of real property, including, but not limited to, street, road and sewer improvements and maintenance.

City economic development entity. The term “city economic development entity” means an entity that provides or administers economic development benefits under contract with the department of small business services.

Hazardous level of lead in soil. The term “hazardous level of lead in soil” means soil containing a lead level of five parts per million or above as determined by the toxicity characteristic leaching procedure as defined in subpart C of part 261 of subchapter I of chapter I of title 40 of the code of federal regulations or any subsequent provisions.

Within five business days of discovering or becoming aware of a hazardous level of lead in soil as a result of an environmental subsurface investigation in any city development project that will expose such soil as part of the project, the agency or city economic development entity that is supervising a capital project shall:

1. Notify the community board and the council member in whose district the city development project is located of such results;

2. Post such results within the appropriate website; and

3. Develop air monitoring instructions for all relevant parties in contract with the city, including a community air monitoring plan that complies with all applicable local, state and federal guidance documents.

Table Of Contents

Title 4: Property of the City¶

Chapter 1: Real Estate Transactions¶

Chapter 2: Real Property Management¶