New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter IV - Highways
Subchapter A - Property Acquisition
Part 101 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Transportation, For Supplemental Relocation Payments, For Increased Interest Costs And For Closing Costs
Section 101.4 - General relocation requirements

(1) Eligibility. Except as provided in paragraph (2) of this subdivision, a displaced person shall not be eligible to receive relocation payments or any other assistance under this Part if the displaced person is an alien not lawfully present in the United States.

(2) Exceptional and extremely unusual hardship. If the department determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under paragraph (1) of this subdivision would result in exceptional and extremely unusual hardship to an individual who is the displaced person's spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the department shall provide relocation payments and other assistance to the displaced person under this Part if the displaced person would be eligible for the assistance but for paragraph (1) of this subdivision.