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
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 210.3
Current through Register Vol. 46, No. 12, March 20, 2024
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.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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