New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
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 210.3 - General provisions

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

Application for payment of moving expenses shall be made to the Commissioner of Education upon forms prescribed by the commissioner and shall be accompanied by such information and evidence as he may require and payment of such will be made to eligible persons under the circumstances to the extent set forth below:

(a) General provisions applicable to both residential and commercial moves.

(1) When there has been an approval of a property acquisition program and property appropriation maps have been filed in the Department of State and the occupant of the property has been notified of such pending acquisition by the State or an agreement of purchase has been executed by the property owner and delivered to the State, the eligible persons are authorized to proceed with the relocation.

(2) Moving expenses shall not include any cost of construction or improvement at the new location to replace property for which compensation was made in the acquisition of right of way.

(3) In the case of a partial taking of right of way by the State, removal from the area being acquired to a remainder area shall be considered a relocation eligible for the collection of moving expenses if removal of personal property of an eligible person is necessary.

(4) Moving expenses shall not include any indirect losses or losses due to negligence.

(5) Where an eligible individual or family occupy bona fide living quarters on the same premises as a business concern (including the operation of a farm) or a nonprofit organization they may be considered as a separate eligible person in determining the amount of payment for residential moving costs.

(6) After an eligible person has vacated the property, no moving expense payments will thereafter be eligible to any party with respect to the subsequent occupancy of the same property.

(b) General provisions applicable only to commercial moves.

(1) The relocation payments in which the State funds may participate may not exceed the actual relocation cost or in lieu of the actual relocation cost an amount equal to the average annual net earnings of the business of $5,000, whichever is the lesser, in the case of an owner or tenant of commercial property which shall include property owned or occupied by an individual, family, business concern (including the operation of a farm), and nonprofit organization.

(2) In the case of a business organization, the distance, measured by a straight line, from the point from which such business or organization was displaced to the point of relocation, shall be regarded as follows: if this distance exceeds 50 miles, the amount in which State funds will participate shall not exceed the cost of moving 50 miles or shall not exceed the cost beyond the New York State boundary line; if such boundary is within 50 miles.

(3) In the case of moving a business concern, nonprofit organization or the operation of a farm, any necessary storage during the adjustment of improvements, but not in excess of six months, may be considered as part of the moving costs.

(c) General provisions applicable only to residential moves.

(1) The relocation payments in which the State funds may participate may not exceed the actual necessary cost of relocation or in lieu of the actual and necessary cost an amount of payment determined in accordance with the schedule of payment plus the dislocation allowance of $100 in the case of an individual or family occupying residential property and shall be made in accordance with the schedule of payments of reasonable and necessary actual expenses.

(2) Providing a building or building or structure acquired by acquisition is returned to the owner under an agreement of adjustment as a part of the consideration in the claim, the owner will not be entitled to collect moving expenses unless all or a very substantial amount of their personal effects, furniture, and household equipment are removed from the structure before the building itself is moved, in which case the number of rooms where the furniture and household equipment are removed from will be counted in conformance with the schedule of fixed moving expenses outlined below.

(3) Providing an agreement of adjustment is made with the owner of a trailer or mobile home which has been acquired by the State as real property and the trailer or mobile home is returned to the owner under an agreement of adjustment as part of the consideration in the claim, no allowance will be made to the owner upon the removal of the entire trailer or mobile home from the premises unless it is necessary to remove all of their personal effects, household equipment and furniture from the trailer or mobile home before it is moved.

(4) Where more than one eligible individual or family occupy the same premises and moved to new locations, each eligible individual or family may qualify for relocation; however, their joint claim for moving expenses shall not exceed the fixed moving expenses for the total number of rooms occupied jointly by such persons.

(5) Hardship case.In the case of a hardship where advance payment of moving expenses is requested, the eligible person must submit in advance a written application setting forth the full extent and circumstances of the hardship. A written determination will be made by the commissioner. If the commissioner determines a hardship exists, an advanced payment of reasonable necessary moving expenses may be made.

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