New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter VII - Real Property Acquisition
Part 400 - 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 Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs
Section 400.10 - Supplemental relocation payments, loss of favorable mortgage financing, incidental expenses
Universal Citation: 7 NY Comp Codes Rules and Regs ยง 400.10
Current through Register Vol. 45, No. 52, December 27, 2023
In addition to other payments and benefits authorized by State law, individuals and families displaced from dwellings on real property acquired by the Department of Correctional Services, who were in occupancy on or after July 1, 1971 are entitled to supplemental relocation payments, payment for loss of favorable mortgage financing, and incidental expenses, in accordance with the following criteria and eligibility standards.
(a) General requirements to receive replacement housing payments.
(1) In addition
to the occupancy requirements as specifically enumerated herein, a displaced
person is otherwise eligible for the appropriate payments when he relocates and
occupies a decent, safe and sanitary dwelling within one year, beginning on the
latter of the following dates: the date on which the owner receives final
payment from the State for legal damages directly connected with the
acquisition of the dwelling unit in negotiated settlements; or in the event an
amicable settlement is not reached, the date on which the full amount of the
offered fair market value is made available to the owner; or the date required
to move from the dwelling acquired, or the date on which the eligible occupant
actually moves from the dwelling acquired; if in fact this latter date is
earlier than the date required to move. The date required to move is here
defined and elsewhere in this section as that date specified in writing by the
State, by which the property must be vacated.
(2) Application for payments under this
section shall be in writing on forms prescribed by the commissioner. The
application must be filed no later than six months after the expiration of the
one-year period specified in paragraph (1) of this subdivision, except that in
cases litigated in the Court of Claims, the six month period shall start from
the date of final judgment of that court.
(3) If two or more eligible families occupy
the same family dwelling unit, each family is eligible for a replacement
housing payment if they relocate to separate dwelling units.
(4) If two or more eligible individuals with
no identifiable head of household occupy the same single family dwelling unit
they are considered as one "family" for replacement housing payment purposes.
When all individuals do not relocate to decent, safe and sanitary housing the
department shall determine and pay those individuals who do not relocate into
decent, safe and sanitary housing a pro-rata share of the amount that would
have been received if all of the individuals had relocated together in the same
ownership or rental status they had at the time of initiation of
negotiations.
(b) Supplemental payments; owner-occupants over 180 days who repurchase.
(1) A displaced owner-occupant of a dwelling
may receive additional payments, the combined total of which may not exceed
$15,000, for the additional cost necessary to purchase replacement housing; to
compensate the owner for the loss of favorable financing on his existing
mortgage in the financing of replacement housing; and to reimburse the owner
for incidental expenses incident to the purchase of replacement housing when
such costs are incurred as specified herein.
(2) The owner-occupant is eligible for such
payments when:
(i) he is in occupancy at the
initiation of negotiations for the acquisition of the real property, in whole
or in part; or
(ii) he is in
occupancy at the time he is given a written notice by the State that it is
their intent to acquire the property by a given date; and
(iii) such occupancy has been for at least
180 consecutive days immediately prior to the date of vacation of initiation of
negotiations whichever is earlier; and
(iv) he purchases and occupies a decent, safe
and sanitary dwelling within the time period specified in paragraph (a)(1) of
this section.
(3) The
replacement housing payment is the amount, if any, which when added to the
amount for which the State acquired his dwelling, equals the actual cost which
the owner is required to pay for a decent, safe and sanitary dwelling, or the
amount determined by the department as necessary to purchase a comparable
dwelling, whichever is less. The State's determination of the amount necessary
to purchase a comparable dwelling may be made on the basis of either of the two
following methods:
(i) The State may
establish a schedule of probable selling prices of comparable dwellings in the
various types of dwellings being acquired. Such schedule may be prepared from
an analysis of the current probable selling prices of dwellings available on
the market.
(ii) The State may
determine the probable selling price of a comparable dwelling by analyzing
those selected comparable dwellings available for sale which are most nearly
comparable to the property being acquired by the State. All calculations or
supplemental relocation payments are to be predicated on the basis of the
probable selling price of the available comparable housing, not the asking
prices.
(4) An
owner-occupant desiring to retain his acquired dwelling may be paid a
replacement housing payment according to the following computations:
(i) If the dwelling to be moved is decent,
safe and sanitary, the payment shall be the amount by which the cost to
relocate the dwelling exceeds the acquisition price of the dwelling. The costs
to relocate may include the reasonable costs of acquiring the dwelling,
acquiring a new site and other expenses incident to retaining, moving the
dwelling and restoring it to a condition comparable to that before the
move.
(ii) If the dwelling to be
moved is not decent, safe and sanitary, the payment shall be computed as above
except that the costs to cure the decent, safe and sanitary deficiencies shall
be included in the costs to relocate.
(iii) The payments computed under
subparagraphs (i) or (ii) of this paragraph may not exceed the amount which the
owner would have obtained had he purchased a replacement dwelling and his
payment computed as per paragraph (b) (3) of this section.
(c) Owner-occupant over 180 days; who rents replacement housing. An owner-occupant eligible for a replacement housing payment under subdivision (b) of this section who elects to rent a replacement dwelling is eligible for a rental replacement housing payment not to exceed $4,000. The payment shall be computed and disbursed according to the following criteria:
(1) The payment shall be
determined by subtracting from the amount necessary to rent a comparable
dwelling for the next four years, 48 times the economic rental of the dwelling
unit occupied as computed by the State.
(2) In cases where the economic rental of the
acquired dwelling exceeds 25 percent of the owner's gross monthly income, and
he elects to relocate into public subsidized rental housing the computation of
benefits will be in accordance with paragraph (f) (3) of this
section.
(3) The State may
determine the rental rates of comparable housing by a schedule or an individual
analysis of comparable available rentals.
(4) The payment under this section may not
exceed the maximum amount the owner would have received had he elected to
repurchase a dwelling unit under the provisions of subdivision (b) of this
section.
(d) Owner-occupant less than 180 days but more than 90 days; who purchases. A displaced owner-occupant otherwise eligible under subdivision (b) of this section except that he has owned and occupied the dwelling for less than 180 days but more than 90 days may receive an amount, not to exceed $4,000, to enable him to make a downpayment on the purchase of a replacement dwelling and reimbursement for actual expenses incident to such purchase; or for additional costs to relocate his retained dwelling in accordance with the following regulations:
(1) The amount of the
downpayment shall be determined by the State as the amount required as a
downpayment on a comparable dwelling if such purchase was financed with a
conventional loan.
(2) The expenses
incident to the purchase of replacement housing as described in subdivision (j)
of this section.
(3) Upon purchase
and occupancy of a decent, safe and sanitary dwelling by the relocatee within
the time limits specified in paragraph (a) (1) of this section, the relocatee
may be reimbursed:
(i) The full amount of the
downpayment determined in paragraph (1) of this subdivision if such total
amount does not exceed $2,000; or, if more than $2,000.
(ii) $2,000, plus 50 percent of the amount in
excess of $2,000 providing the relocatee contributes 50 percent of the amount
in excess of $2,000.
(4)
The full amount of the downpayment must be applied to the purchase price of the
replacement property and any downpayment and incidental costs claimed must be
shown in the closing statement. To process for payment, the State must be
furnished a copy of the closing statement. If the owner elects to retain his
dwelling, the replacement housing payment will be determined in accordance with
paragraph (b) (4) of this section, except that such payment shall not exceed
$4,000. If the owner first elects to rent a replacement property, but later
decides to apply for a downpayment on a purchase of a replacement property, any
payments made under the rental provisions are to be deducted from the payments
authorized under this paragraph.
(e) Owner-occupant less than 180 days but more than 90 days; who rents. An owner-occupant otherwise eligible under subdivision (b) of this section except that he has owned and occupied the dwelling for less than 180 days but more than 90 days, and elects to rent a replacement dwelling is eligible for a rental housing payment not to exceed $4,000. The specific payment will be determined in accordance with the provisions of paragraphs (c) (1) and (3) of this section.
(f) Tenant-occupant over 90 days; renting replacement housing.
(1) A displaced tenant is
eligible for a rental replacement housing payment, not to exceed $4,000, when:
(i) he is in occupancy at the beginning of
negotiations for the acquisition of the real property; or
(ii) he is in occupancy at the time he is
given a written notice by the State that it is their intent to acquire the
property by a given date; and
(iii)
such occupancy has been for at least 90 consecutive days immediately prior to
the date of vacation or initiation of negotiations, whichever is earlier;
and
(iv) he rented and occupied a
decent, safe and sanitary dwelling within the time period specified in
paragraph (a) (1) of this section.
(2) The payment not to exceed $4,000, shall
be determined by subtracting from the amount necessary to rent a comparable
dwelling for the next four years the following amount:
(i) 48 times the average monthly rental paid
by the relocated individual or family during the last three months;
or
(ii) if such average monthly
rental is not reasonably equal to market rentals for similar dwellings, the
economic rent as established by the State shall be used.
(iii) The "rent being paid" shall include any
rent supplements supplied by others except when, by law, such supplement is to
be discontinued upon vacation of the property.
(3) When the average monthly rental being
paid by the relocatee, not including supplemental rent by public agencies,
exceeds 25 percent of the monthly gross income of such individual or family,
the payment, not to exceed $4,000, shall be determined by subtracting 12 times
the average monthly income of the relocatee from:
(i) 48 times the monthly rental determined by
the State as necessary to rent a private comparable dwelling if the relocatee
moves into private housing; or
(ii)
if the relocatee moves into public subsidized housing, the lessor of:
(a) 48 times the monthly rental determined by
the State as necessary to rent a private comparable dwelling; or
(b) 48 times the monthly rental the relocatee
is required to pay if he relocates in the subsidized housing.
(4) The State may
determine the rental rates of comparable housing by a schedule or an individual
analysis of comparable rentals.
(g) Tenant-occupant over 90 days; downpayment for purchase. A tenant-occupant eligible for a rental replacement payment under subdivision (f) of this section who elects to purchase a replacement dwelling is eligible to receive an amount, not to exceed $4,000, to enable him to make a downpayment on the purchase of a replacement dwelling, including the incidental expenses incident to such purchase. The payment will be computed in accordance with the provisions of subdivision (d) of this section.
(h) Sleeping room tenant; over 90 days. A displaced tenant of a sleeping room who is eligible for a replacement housing payment under subdivision (f) of this section receive an amount, not to exceed $4,000, as a rental replacement housing payment or to enable him to make a downpayment on a replacement dwelling in accordance with the following:
(1) For rental replacement housing the
payment, not to exceed $4,000, shall be determined by subtracting from the
amount necessary to rent a comparable sleeping room for the next four years the
following amount:
(i) 48 times the average
monthly rental paid by the displaced tenant during the last three months;
or
(ii) If such average monthly
rental is not reasonably equal to market rentals for similar sleeping rooms,
the economic rent as established by the State.
(2) The State may determine the rental rates
of comparable housing by a schedule or an individual analysis of comparable
available rentals.
(3) The
downpayment amount, including the expenses incident to purchase of the
replacement dwelling are to be computed in accordance with the provisions of
subdivision (d) of this section.
(i) Increased interest payments; owner-occupant over 180 days who purchases.
(1) An owner-occupant, otherwise eligible
under subdivision (b) of this section, is entitled to a payment for the loss of
favorable financing on his existing mortgage in the financing of replacement
housing, providing such payment falls within the $15,000 limit established in
subdivision (b) of this section, and further providing that the following
conditions are met:
(i) the dwelling acquired
was encumbered by a bona fide mortgage which was a valid lien on such dwelling
for not less than 180 days prior to the established eligibility date as
specified in subdivision (b) of this section, and
(ii) the mortgage on the replacement dwelling
bears a higher rate of interest than the mortgage interest rate on the acquired
dwelling.
(2) The
increased interest payment will be based on and limited to the lesser of the
following amounts:
(i) the present worth of
the right to receive the monthly difference in mortgage payments on the
existing mortgage using the old and new interest rates; or
(ii) the present worth of the right to
receive the monthly difference in mortgage payments on the new mortgage using
the old and new interest rates.
(3) Payment computation. The amount of
increased interest payment will be computed in accordance with the following
procedures:
(i) The monthly principal and
interest payment differences caused by the change in interest rates is computed
for both the existing mortgage and new mortgage for their respective remaining
terms and amounts. The old and new interest rates are used in each
case.
(ii) The present worth of the
monthly interest difference found in subparagraph (i) of this paragraph is
computed for each mortgage by discounting the annual difference (the sum of the
monthly difference for one year) at the savings deposit interest rate for the
remaining term of each mortgage. The lesser of the amounts so derived is the
increased interest payment.
(4) Interest rate of replacement dwelling
mortgage.
(i) The interest rate shall be the
actual rate but may not exceed the prevailing interest rate currently charged
by mortgage lending institutions in the vicinity.
(ii) When the lending agency imposes debt
service charges as an incident to the extension of credit, and such charges are
normal to the market, the annual percentage rate shown in the truth in lending
statement shall be used in lieu of the mortgage interest rate in computing the
monthly principal and interest payments.
(5) Discount rate. The discount rate shall be
the prevailing rate of interest paid on passbook savings account deposits by
commercial banks in the general area in which the replacement dwelling is
located.
(6) To whom payment made.
The payment described in this paragraph may be made directly to the relocated
individual or family, or upon written instruction from the relocated individual
or family, directly to the mortgagee of the replacement dwelling.
(7) Partial acquisition.
(i) Where the dwelling is located on a tract
normal for residential use in the area, the interest payment shall be reduced
to the percentage ratio that the acquisition price bears to the before value;
except, the reduction shall not apply when the mortgagee requires the entire
mortgage balance to be paid because of acquisition and it is necessary to
refinance.
(ii) Where a dwelling is
located on a tract larger than normal for residential use in the area, the
interest payment shall be reduced to the percentage ratio that the value of the
residential portion bears to the before value. This reduction shall apply
whether or not it is required that the entire mortgage balance be
paid.
(8) Multi-use
properties. The interest payment on multi-use properties shall be reduced to
the percentage ratio that the residential value of the multi-use property bears
to the before value.
(9) Other
highest and best use. If a dwelling is located on a tract where the fair market
value is established on a higher and better than residential use, and if the
mortgage is based on residential value, the interest payment shall be computed
as provided above. If the mortgage is obviously based on the higher use,
however, the interest payment shall be reduced to the percentage ratio that the
estimated residential value of the parcel bears to the before value.
(j) Incidental expenses.
(1) An otherwise eligible owner-occupant or
tenant who purchases a replacement dwelling, is entitled to a payment for the
incidental expenses incident to the purchase of the replacement dwelling,
providing such payment falls within the $15,000 and $4,000 limits as otherwise
established in this section. The following expenses, insofar as they do not
constitute prepaid expenses, are eligible for reimbursement on an actual cost
basis:
(i) Legal closing and related costs
including title search, preparing conveyance contracts, notary fees, surveys,
preparing drawings or plats, and charges paid incident to
recordation;
(ii) Lenders, FHA or
VA appraisal fees;
(iii) FHA or VA
application fee;
(iv) Certification
of structural soundness;
(v) Credit
report;
(vi) Owner's title policy
or abstract of title;
(vii) Escrow
agent's fee;
(viii) State revenue
stamps;
(ix) Sales or transfer of
taxes.
(2) No fee, cost,
charge or expense is reimbursable as an incidental expense which is part of the
debt service, or finance, charge under the Federal Truth in Lending
Act.
(3) Reimbursement for these
eligible incidental expenses shall be contingent upon showing the actual
expense and shall be accompanied by a copy of the closing statement for the
replacement dwelling.
(k) Mobile homes; replacement housing payments; general provisions.
(1) A mobile
home is considered to be decent, safe and sanitary if it meets the defined
standards in this Part.
(2) Where
the department determines that a sufficient portion of a mobile home park is
taken to justify the operator of such park to move his business or go out of
business and the operator does in fact move or go out of business, the owners
and occupants of the mobile home dwellings not within the actual taking but who
are forced to move are eligible to receive the same payments as though their
dwellings were within the actual taking.
(3) When a comparable mobile home dwelling is
not available, the supplemental relocation payment is to be calculated on the
basis of the next higher type dwelling that is available and meets the
applicable requirements and standards i.e., a higher type mobile home or a
conventional dwelling.
(4) When a
mobile home park entrance fee, as distinguished from a security deposit is
required to relocate a mobile home, such fee may be considered in the
computation of a rental replacement housing payment if the park with the
entrance fee is only comparable park available and the fee is not refundable or
returnable to the tenant.
(l) Mobile homes; owner-occupants over 180 days. A displaced owner of a mobile home who has occupied, for a least 180 days, the mobile home on the site from which he is being displaced and is otherwise eligible under the provisions of paragraph (b) (2) of this section, is eligible for payments, the total of which may not exceed $15,000, for the additional costs necessary to purchase replacement housing under the following circumstances:
(1) When owner-occupant owns
both mobile home and site, the replacement housing payment will be the amount,
if any, when added to the amount for which the State acquired his mobile home
and site equals the lesser of
(i) the amount
the owner is required to pay for a decent, safe and sanitary conventional
dwelling or a decent, safe and sanitary replacement mobile home and site;
or
(ii) The amount determined by
the State as necessary to purchase a comparable mobile home and site. If the
owner-occupant decides to rent, the rental replacement payment shall be the
difference between the State's determination of the amount necessary to rent a
comparable mobile home and site for a period of four years and 48 times the
economic rent of the existing mobile home and site. The calculated rental
replacement payment may not exceed the amount determined by the State in
subparagraph (i) of this paragraph, or $4,000 whichever is lesser.
(2) Owner-occupant; acquisition of
site only.
(i) Upon acquisition of an owned
site, but not the home situated upon the site and the mobile home is required
to be moved, the replacement housing payment will be determined as follows: The
amount, if any, when added to the amount for which the State acquired his
mobile homesite equals the lesser of:
(a) the
amount the owner is required to pay for a comparable homesite, or
(b) the amount determined by the State as
necessary to purchase a comparable mobile homesite. If the owner elects to
rent, the rental replacement payment shall be the difference in the amount
determined by the State as necessary to rent a comparable mobile homesite for a
period of four years and 48 times the economic rent of the site acquired. The
calculated rental replacement payment may not exceed the amount determined by
the State as necessary to purchase a comparable mobile homesite, or $4,000,
whichever is lesser.
(ii) Upon acquisition of a rented site, but
not the home situated upon the site and the mobile home is required to be
moved, the replacement housing payment, not to exceed $4,000, will be the
amount as determined by the State as the amount required as a downpayment on
the purchase of a comparable mobile homesite. If the owner elects to rent, the
rental replacement payment shall be the difference in the amount determined by
the State as necessary to rent a comparable mobile homesite for a period of
four years and 48 times the rent being paid on the site acquired.
(3) When owner-occupant owns
mobile home; rents site. The replacement housing payment will be the amount, if
any when added to the amount for which the State acquired his mobile home
equals the lesser of:
(i) the amount the
owner is required to pay for a replacement dwelling; or
(ii) the amount determined by the State as
necessary to purchase a comparable mobile home, plus either the amount
determined by the State as the amount required as a downpayment on the purchase
of a comparable mobile homesite, or the difference in the amount determined by
the State as necessary to rent a comparable mobile homesite for a period of
four years and 48 times the rent being paid on the site acquired. If the owner
elects to rent a replacement mobile home, the rental replacement housing
payment, not to exceed $4,000, shall be the difference in the amount determined
by the State as necessary to rent a comparable mobile home and site for four
years and 48 times the economic rent of the mobile home plus the actual rent of
the site acquired.
(4)
In addition to the replacement housing payments specified above, the
owner-occupant is entitled to a payment to compensate him for the loss of
favorable financing on his existing mortgage in the financing of replacement
housing and payment for incidental expenses incident to the purchase of
replacement housing. These payments will be calculated and paid in accordance
with subdivisions (i) and (j) of this section.
(m) Mobile homes; owner-occupants less than 180 days, but more than 90 days. A displaced owner of a mobile home who has occupied, for less than 180 days but more than 90 days, the mobile home on the site from which he is displaced and who is otherwise eligible under the provisions of paragraph (b) (2) of this section, is eligible for an amount, not to exceed $4,000, to enable him to make a downpayment on the purchase of replacement housing and to reimburse him for the actual expenses incident thereto in accordance with the following provisions:
(1) Owner-occupant owning both mobile home
and site. If the owner purchases a replacement dwelling, the replacement
housing payment will be determined in accordance with the heretofore defined
provisions relating to downpayment calculations, except that the amount of the
downpayment shall be determined by the State as the amount required on the
purchase of a comparable mobile home and site. If the owner-occupant elects to
rent, the rental replacement payment, not to exceed $4,000, shall be the
difference in the amount determined by the State as necessary to rent a
comparable mobile home and site for a period of four years and 48 times the
economic rental of the mobile home and site.
(2) Owner-occupant; acquisition of site only.
If the owner purchases conventional housing or a site to which the mobile home
is moved, the replacement housing payment will be in an amount determined in
accordance with the provisions relating to downpayment calculations except that
the amount of the downpayment shall be determined by the State as the amount
required as a downpayment on the purchase of a comparable site. If the
owner-occupant elects to rent, the rental replacement payment, not to exceed
$4,000, shall be the difference in the amount determined by the State as
necessary to rent a comparable site for four years and 48 times the economic
rent of the site acquired.
(3)
Owner-occupant owns mobile home; rents site. If the owner purchases replacement
housing, the replacement housing payment, not to exceed $4,000, will be:
(i) an amount determined in accordance with
the provisions relating to downpayment calculations, except that the amount of
the downpayment shall be determined by the State as the amount required as a
downpayment on the purchase of a comparable mobile home; plus
(ii) either the amount determined by the
State as the amount required as a downpayment on the purchase of a comparable
mobile homesite, or the difference in the amount determined by the State as
necessary to rent a comparable mobile homesite for four years and 48 times the
rent being paid on the site acquired. If the owner elects to rent, the rental
replacement payment shall be the difference in the amount determined by the
State as necessary to rent a comparable mobile home and site for four years and
48 times the economic rent of the mobile home and the actual rent of the site
acquired.
(n) Mobile homes; tenants over 90 days. A displaced tenant of a mobile home who has occupied for at least 90 days the mobile home on the site from which he has been displaced and is otherwise eligible under the provisions of paragraph (f) (1) of this section, is eligible for a replacement housing payment, not to exceed $4,000:
(1) to enable him to make a
downpayment on the purchase of replacement dwelling and to reimburse him for
the expenses incident to such purchase; or
(2) if he elects to rent, payment shall be
the difference in the amount determined by the State as necessary to rent a
comparable mobile home and site for four years and 48 times the actual rent
being paid for the mobile home and site acquired.
(o) Supplemental replacement housing payments; miscellaneous provisions.
(1)
Inspection of replacement dwelling. In order to be eligible for and receive
supplemental relocation payments, the State must inspect the replacement
dwelling and determine that it meets the decent, safe and sanitary standards as
defined in section
400.2 of this Part.
In any application for payment, the individual or family must indicate that to
the best of their knowledge and belief, the replacement dwelling meets the
defined standards for decent, safe and sanitary housing.
(2) Advanced replacement housing payments in
litigated cases. An advance replacement housing payment can be authorized and
paid to a property owner if the determination of the State's acquisition price
will be delayed pending the outcome of a trial in the Court of Claims. A
provisional replacement housing payment may be calculated by deeming the
State's maximum offer for the property as the acquisition price. Payment of
such amount may be made upon owner-occupant's agreement that:
(i) Upon final judgment of the Court of
Claims the replacement housing payment will be recomputed using the acquisition
price determined by the court as compared to the actual price paid or the
amount determined by the State necessary to acquire a comparable decent, safe
and sanitary dwelling, and
(ii) If
the amount awarded by the court as the fair market value of the property
acquired plus the amount of the recomputed replacement housing payment exceeds
the price paid for, or the State's determined cost of a comparable dwelling,
the owner will refund to the State from the judgment amount, an amount equal to
the excess. In no event, however, shall he be required to refund more than the
amount of the replacement housing payment advanced, and
(iii) If the property owner does not agree to
such adjustment, the replacement housing payment shall be deferred until the
case is finally adjudicated and computed on the basis of the final
determination, using the award as the acquisition price.
(3) Ownership of replacement dwelling prior
to displacement. Any person who has obtained legal ownership of a replacement
dwelling any time after the initiation of negotiations on the project and
occupies the replacement dwelling after being displaced but within the time
limit specified in paragraph (a) (1) of this section, is eligible for a
replacement housing payment if the replacement dwelling meets decent, safe and
sanitary standards.
(4) Partial
taking situations.
(i) Where a dwelling is
located on a tract normal for residential use in the area, the maximum
replacement housing payment shall be determined by subtracting the "before
value" of the property from the estimated selling price of a comparable
dwelling on a lot typical for the area.
(ii) Where a dwelling is located on a tract
larger than normal for residential use in the area, the maximum replacement
housing payment shall be determined by estimating the value of the dwelling at
the present location on a homesite typical in size for the area and deducting
this amount from the selling price of a comparable dwelling on a site typical
for the area.
(5)
Dwelling on land with higher and better use. Where a dwelling is located on a
tract where the fair market value is established on a higher and better than
residential use, the maximum replacement housing payment shall be determined by
estimating the value of the dwelling at the present location on a homesite
typical for the area and zoned for residential use and deducting this amount
from the selling price of a comparable dwelling on a typical residential
homesite for the area.
(6) Joint
residential and business use. Where displaced individuals or families occupy
living quarters on the same premises as a displaced business, farm or nonprofit
organization, such individuals or families are separate displaced persons for
purposes of determining entitlement to payments.
(7) Payments on assignments. Payments
described herein may be made, upon written instructions and assignment from the
displaced person, directly to a lessor for rent or to a seller for application
on a payment for a decent, safe and sanitary dwelling.
(8) Owner-occupant; prohibitions on double
payments. If an owner-occupant eligible for the maximum $15,000 payment elects
initially not to repurchase a replacement dwelling, but rather to claim
benefits on the four year rent differential basis, he cannot receive double
payment in excess of $15,000 if he later decides (within the allowable period)
to purchase a replacement house. The amount of any payment made on the rent
differential basis is to be deducted from the calculated differential necessary
to purchase a replacement dwelling.
(9) All rental replacement housing payments
in excess of $500 may be made in four equal installments on an annual basis,
except that prior to receiving such installment payment the tenant must certify
to the State that he is occupying decent, safe and sanitary housing.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
