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 400.8 - Actual, reasonable and necessary searching fees

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

(a) In the case of a business, farm operation, or nonprofit organization, the eligible person or his qualified representative may be reimbursed for the actual, reasonable and necessary expenses in searching for a replacement site not to exceed $500. The owner of a displaced advertising sign, eligible under section 400.3 of this Part, may be reimbursed his actual, reasonable expenses in searching for a replacement sign site not to exceed $100. Reimbursement will be limited to the above amounts unless in exceptional cases the commissioner deems otherwise.

(b) The expenses in searching for a replacement site may include transportation expenses, meals and lodging away from home and the reasonable value of time actually spent in searching for but not including any commission for the sale of a property.

(c) The application for reimbursement shall take the form of a summary affidavit which is to include the name and address of the eligible person, a detailed summary of the work performed, dates and hours worked and wage rate applied not to exceed $10 per hour. Lodging, mileage, and subsistence charges will be allowed according to and consistent with the prevailing rates approved for State travel and expense purposes by the State Comptroller for those type of expenditures.

(d) All actual, reasonable and necessary expenses directly related to the search for replacement property must be documented by detailed, receipted bills.

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