New York Codes, Rules and Regulations
Chapter II - Regulations of the Commissioner
Subchapter Q - Relocation Payments
Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education
Section 210.2 - Definitions

Current through Register Vol. 44, No. 38, September 21, 2022

For the purpose of this Part, the following terms shall mean:

(a) Eligible person. Any individual, family, business concern (including the operation of a farm), and nonprofit organization to be displaced by the acquisition and use of the property by the State who were occupants prior to the date of State taking possession of such property.

(b) Relocation payment. Any payment made to eligible persons for their moving expenses for moving personal property, exclusive of trade fixtures, caused by their displacement from real property acquired by the State pursuant to the above-mentioned laws and for which reimbursement or compensation is not made as part of the compensation for the real property under an agreement of adjustment or a court award.

(c) Individual. A person who is not a member of a family as hereinafter defined (considered as a "family" for the purposes of this Part).

(d) Family. Two or more persons who are living together in the same quarters.

(e) Business concern. A corporation, association, partnership, individual or other private entity, engaged in a business or professional activity requiring the use of fixtures, equipment, stock in trade, or other tangible personal property for the carrying on of the business or profession on the premises.

(f) Nonprofit organization. A corporation, partnership, individual or other private entity, engaged in a business, professional or institutional activity on a non-profit basis requiring the use of fixtures, equipment, stock in trade, or other tangible personal property for the carrying on of the business, profession or institution on the premises.

(g) Operation of a farm. The operation of a parcel of land (or parcels operated as a single unit) which is used for the production of one or more agricultural commodities for sale and home use and which customarily produces or is capable of producing such commodities in sufficient quantity to contribute materially to the operator's support, including the operation of stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, and greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities.

(h) Moving expenses. Cost of dismantling, disconnecting, crating, loading, insuring, temporary storage not in excess of six months, transporting, unloading, reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations or other physical changes in or to any structure in connection with effecting such reinstallation.

(i) Counted rooms. Counted rooms shall be that space in a building or structure containing a substantial and usual quantity of household furniture and equipment and personal property. They shall include such space as basements, cellars, recreation rooms, living rooms, libraries, studios, dining rooms, kitchens, laundry rooms (when containing mechanical equipment such as washers and dryers), enclosed sun porches (when they contain furniture, household equipment and personal property comparable to a room), bedrooms, attics (when they contain substantial storage of household equipment and furniture and personal property), also garages, out buildings and play houses (when they contain storage of household or garden equipment, furniture and personal property). Foyers and alcoves will be counted as one-half rooms when they contain furniture and household equipment. Combination living rooms-dining rooms and kitchen-dinettes shall be considered one and one-half counted rooms. Vestibules, bathrooms and powder rooms shall not be considered counted rooms.

(j) Hardship case. A situation determined by the commissioner to represent an extenuating or unusual circumstance where serious financial, social or personal hardship would be imposed upon an owner or tenant because of a delay in receiving payment of moving expenses or supplemental housing benefits.

(k) Standards for decent, safe and sanitary housing. A decent, safe and sanitary dwelling is one which meets the following minimum requirements:

(1) Conforms with all applicable provisions for existing structures that have been established under State or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations applicable to the property in question.

(2) Has a continuing and adequate supply of potable safe water.

(3) Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to a hot and cold water, and a sewage disposal system. Has a stove and refrigerator in good operating condition when required by local codes, ordinances or custom. When these facilities are not so required by local codes, ordinances or custom the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities.

(4) Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees in the living area under local outdoor design temperature conditions. A heating system will not be required in those geographical areas where such is not normally included in new housing.

(5) Has a bathroom well lighted and ventilated and affording privacy to a person within it, containing a lavatory basin and bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush water closet, all in good working order and properly connected to a sewage disposal system.

(6) Has provision for artificial lighting for each room.

(7) Is structurally sound, in good repair and adequately maintained.

(8) Has for each building used for dwelling purposes two safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to two means of egress to open space at ground level. In buildings of three stories or more, the common corridor on each story must have at least two means of egress.

(9) Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes, and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, and unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

(10) The standards for decent, safe and sanitary housing as applied to the rental of sleeping rooms shall include the minimum requirements contained in paragraphs (1) through (9) of this subdivision and the following:
(i) At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant.

(ii) Lavatory and toilet facilities that provide privacy including a door that can be locked if such facilities are separate from the room.

(11) A mobile home is to be considered to be decent, safe and sanitary if it meets the standards set forth above except that the space requirements are reduced to a minimum of 150 square feet of habitable floor space for the first occupant and a minimum of 70 square feet of habitable floor space for each additional occupant and that one means of egress is acceptable.
(1) Taxing entity. Any Federal, State, county or local government unit having the power to levy a tax which may become a lien upon property.

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