New York Laws
Article 5 - Municipal Housing Authorities
70 - Eminent Domain.

(a) Evidence of the price and other terms upon any sale or the rent
reserved and other terms upon any lease or tenancy relating to any of
the property taken or to be taken or to any similar property in the
vicinity when the sale or leasing occurred or the tenancy existed within
a reasonable time of the trial shall be admissible on direct
examination. At any stage of the proceeding, the court or tribunal may
require such prior notice to be given of an intention to introduce
evidence as to the sale, leasing or tenancy of property other than the
property directly involved in the proceeding and of particulars relating
thereto as it may deem necessary to prevent surprise.
(b) The deposition of any person, whether or not a party, may be taken
pursuant to article twenty-nine of the civil practice act, the rules of
civil practice and the provisions of this section. Such deposition may
be taken upon any question or issue in the proceeding, including the
facts as to any sale, lease or tenancy admissible in evidence pursuant
to this subdivision five. The deposition may be taken at the instance of
the authority or of any owner or at the direction of the court, at any
time during the pendency of the action or proceeding. At least five
days' notice, or if service is through the mails, at least eight days'
notice, shall be given of the taking of the testimony, if on the part of
an owner, to the authority and to all other owners who have appeared in
the proceeding; if by the authority, to all owners who have appeared in
the proceeding.
(c) Any time during the pendency of such action or proceedings, an
authority or an owner may apply to the court for an order directing an
owner or the authority, as the case may be, to show cause why further
proceedings should not be expedited, and the court may upon such
application make an order requiring that the hearings proceed and that
any other steps be taken with all possible expedition.
(d) For the purposes of this article, the award of compensation shall
not be increased by reason of any increase in the value of the property
caused by the clearance, reconstruction or proposed clearance or
reconstruction under this article of the property or of the area in
which the property is situated. No allowance shall be made for

improvements begun on property after notice to the owner of such
property of the institution of the proceedings to condemn such property.
(e) Evidence shall be admissible bearing upon the unsanitary, unsafe
or substandard condition of the premises, or the illegal use thereof, or
the enhancement of rentals resulting from such illegal use, and such
evidence may be considered in fixing the compensation to be paid,
notwithstanding that no steps to remedy or abate such conditions have
been taken by the department or officers having jurisdiction. If a
violation order is on file against the premises in any such department,
it shall constitute prima facie evidence of the existence of the
condition specified in such order.
(f) If any of the property included within the project is devoted to a
public use, it may nevertheless be acquired provided that no property
belonging to the municipality or to any government may be acquired
without its consent, and no property belonging to a public utility
corporation may be acquired without the approval of the commission or
other officer or tribunal having regulatory power over such corporation.
(g) The term "owner," as used in this section, shall include a person
having an estate, interest or easement in the property to be acquired or
a lien, charge or encumbrance thereon.

* NB The text of Article 5 of the former State Housing Law (cited
herein as the "Municipal Housing Authorities Law"), as such article
existed immediately prior to its repeal pursuant to section 227 of
Chapter 808 of the Laws of 1939, is provided here for ease of reference
and historical purposes as such text continues to be applicable for the
New York City Housing Authority pursuant to the provisions of section
401 of the current Public Housing Law.