§ 41.48 Real property acquisition options.

Terms Used In N.Y. Mental Hygiene Law 41.48

  • director: means the director of community services, who is the chief executive officer of a local governmental unit, by whatever title known. See N.Y. Mental Hygiene Law 41.03
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(a) Notwithstanding any inconsistent provision of this article and within appropriations made therefor, the commissioners of the office of mental health and the office for people with developmental disabilities are authorized upon the application of voluntary agencies, to make payments for the reasonable price of options to acquire an interest in real property, for the purpose of establishing a community mental hygiene facility. Such applications shall be made in the manner and on forms prescribed by the appropriate commissioner. Sellers of real property who are required to disclose financial or other beneficial interests in such property under section 41.46 of this article shall not be eligible to receive payments under this section.

(b) The comptroller is authorized, pursuant to § 115 of the state finance law, to establish a cash advance account for the purpose of payment of options under this section. Such payments may only be made by a bonded employee, designated by the appropriate commissioner, from the cash advance account established for such purpose.

(c) As used in this section the term "reasonable price" shall mean an amount that is not in excess of guidelines developed by the commissioner of the office of mental health or the commissioner of the office for people with developmental disabilities and approved by the director of the budget and the state comptroller.