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 400.5 - Commercial moving expenses
Current through Register Vol. 46, No. 12, March 20, 2024
An eligible person occupying a business, farm operation or a nonprofit organization will be reimbursed for actual, reasonable and necessary moving expenses, actual reasonable and necessary expenses in searching for a replacement site and actual direct losses of tangible personal property in moving or discontinuing the operation or activity.
(a) The eligible person shall notify the department eight weeks prior to the starting date of the move of his definite intentions regarding the manner and method of moving. At the option of the department, personnel of the department may conduct an inventory of personal property and merchandise to be moved, including a description of each phase of the work to be performed and an explanation of any unusual or peculiar circumstances that will be pertinent to arriving at a comprehensive cost of moving figure. The address of the appropriated property, address the eligible person is moving to and the approximate distance between is to be included therein. This inventory is to be signed by the eligible person and is to be supplied to all estimators and bidders for each phase of the work and they are to base their estimates and bids on removal of the items listed therein. The occupant may at his own expense, obtain competitive bids on the costs of moving and may submit a competitive self-move bid on all or a portion of the removal.
(b) Actual costs must be documented upon receipted, detailed bills from recognized movers, skilled craftsmen and are not to exceed the total of the lowest acceptable bids or estimates obtained on each phase of the move.
(c) Estimates and bids on each phase of the move shall be obtained by the department from generally recognized, qualified movers and skilled craftsmen. Upon receipt and review of all estimates and bids, the department will determine the lowest acceptable bid. This bid will be sent to the eligible person advising him to commence moving and setting forth the limits of reimbursement and the time and manner in which payment will be made. After the removal has been accomplished actual costs must be documented by detailed, receipted bills from recognized movers, skilled craftsmen and are not to exceed the approved amount based on a total of the lowest acceptable bids or estimates obtained on each phase of the move. All bids from movers and craftsmen must be submitted in accordance with section 400.6 of this Part.
(d) In the case of a self move the eligible person may at the option of the department be paid an amount to be negotiated by the State not to exceed the lower of two firm bids or estimates obtained by the department from qualified moving firms. In the case of a 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.
(e) When personal property which is used in connection with the business to be moved is of low value and high bulk and the estimated cost of moving would be disproportionate in relation to the value, the State may negotiate with the owner for an amount not to exceed the difference between the cost of replacement of comparable item(s) on the market and the amount which would probably have been received for the item(s) on liquidation, but such amount may not exceed the reasonable costs of moving these items.
(f) All books and records kept by eligible persons shall be subject to review and audit by a State representative during reasonable business hours.
(g) Payment of moving expenses is based upon the preapproval of estimates and bids submitted to the department before commencing the move. If, due to extraordinary circumstances a move is completed without submitting necessary bids, the commissioner may, upon receipt of sufficient written justification for failure to submit estimates, pay reasonable and necessary actual expenses upon verification and support for the expenses incurred.
