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 400.4 - Residential moving expenses

Current through Register Vol. 46, No. 12, March 20, 2024

All eligible residential occupants will be entitled to reimbursement of actual, reasonable and necessary moving expenses or may elect a fixed amount in accordance with the counted room allowance.

(a)

(1) If the eligible person elects to receive a scheduled payment in lieu of actual, reasonable and necessary moving expenses, the following schedules will apply:

ROOM COUNT SCHEDULE

Unfurnished units

Each additional

room

1st room

2nd

3rd

4th

5th

6th

$75

$110

$150

$190

$225

$25 each

Mobile homes

sq. ft.

300

300/500

500/700

700/800

800 over

$100

$150

$200

$250

$300

Furnished units, sleeping rooms (including mobile homes)

1st room

2nd + remaining

$25

$15

(2) In addition to the amounts specified in paragraph (1) of this subdivision, each relocated individual or family will be entitled to an additional $200 dislocation allowance. When garages, sheds, and outbuildings are acquired and the eligible person's place of residence is not disturbed, or when the eligible person's principal place of residence is not the appropriated site, a fixed allowance may be applied per the aforementioned room count schedules less the $200 dislocation allowance.

(b)

(1) If the eligible residential occupant elects to receive reimbursement on the basis of actual, reasonable and necessary moving expenses he must notify the department at least six weeks prior to the starting date of moving. At the option of the department, it may conduct an inventory of personal property and merchandise to be moved, and will obtain at least one estimate or bid of the cost of moving. The eligible person will be notified in writing of the amount of the State's estimate and will be given authorization to commence moving. Upon completion of the move, actual, reasonable and necessary moving expenses will be paid based upon receipted bills submitted to the department in an acceptable form consistent with section 400.6 of this Part, limited to an amount not to exceed the approved estimate.

(2) In the case of a residential self move performed by the eligible person, his family and others not normally in the moving business, the move must be in compliance with all applicable State and Federal laws. All charges must be detailed in the form of a summary affidavit. In the event of failure to meet any of the above requirements as provided, payment will be limited to a lump sum amount based on the counted room schedule plus the dislocation allowance.

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