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 210.7 - Supplemental relocation payments

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

In addition to other payments and benefits authorized by State law, individuals and families displaced from dwellings on real property acquired by the commissioner and on which title vested in the State on or after May 14, 1970, are entitled to supplementary relocation payments in accordance with the following criteria and eligibility standards.

(a) Owner-occupant (over one year).

(1) Eligibility.
(i) The owner-occupant must have owned and occupied the dwelling for at least one year immediately prior to the start of negotiations for the acquisition of such. This time is calculated from the date of the first contact at which a money offer is extended to the owner for the acquisition of the property, or the delivery of the 90 day notice of the State's intention to acquire the property, whichever occurs later.

(ii) The owner-occupant displaced must have actually resided in the dwelling for this one year eligibility period.

(iii) The building owned and occupied is limited to a one, two or three family dwelling.

(iv) The owner-occupant must have purchased and occupied a decent, safe and sanitary replacement dwelling within one year subsequent to the date on which he was required to move from the dwelling unit acquired.

(v) The date required to move is here defined, and elsewhere in this section as the date of title vesting in the State plus 90 days, or the date of surrender of possession of acquired improvements, whichever occurs later.

(2) Comparability standards.If the above basic eligibility standards are met, the owner-occupant is eligible for a supplemental relocation payment not to exceed $5,000, representing the difference between the acquisition price paid or approved by the State and the amount necessary to purchase a comparable decent, safe and sanitary dwelling as defined in section 210.2 of this Part. A comparable dwelling is one which, when compared with the dwelling being taken, is substantially equal regarding all major characteristics and functionally equivalent with respect to: the number of rooms; the area of living space; the same type of construction; age; state of repair; same type of neighborhood; equally accessible to public services and places of employment and is adequate to accommodate the displaced owner and is available on the private market.

(3) Calculation of payments.The average price of a comparable dwelling, shall be established by one of the two following methods:
(i) For large projects: a locality-wide study developing the average market selling price of various classes of comparable dwelling units. The average prices derived from such a study shall be used in establishing a schedule of payments to owner-occupant.

(ii) In lieu of the above method, the State may make a determination on an individual parcel basis by selecting comparable dwellings meeting, as far as possible, the above defined comparability criteria. The arithmetic average of the probable selling prices of the comparable dwellings selected shall be used in establishing the amount of supplement payment.

(4) Special computation for supplemental relocation payments to rural property owners.In sparsely settled rural areas where it is not feasible or possible to establish the average price of a comparable dwelling by either the locality-wide or individual comparable basis, one of the following methods may be used at the option of the commissioner:
(i) If other housing is available in the area (that is comparable except that it is not decent, safe and sanitary), the supplementary relocation payment may be determined by estimating the cost to correct the decent, safe and sanitary deficiencies, adding this amount to the probable selling price of the replacement housing which is not decent, safe and sanitary, and comparing this amount with the amount paid the relocatee for his dwelling together with an area of land typical in size for a rural homesite in the general area.

(ii) When there is no other housing available in the area and the owner elects to retain his dwelling which is not decent, safe and sanitary, the supplemental relocation payment may be determined by estimating the amount paid for the dwelling at the present location together with an area of land typical in size for a rural homesite in the general area and deducting this amount from the estimated selling price of the dwelling, corrected to decent, safe and sanitary standards, on a comparable rural homesite.

(iii) Where there is no other housing available for comparison and the owner elects to retain and move a decent, safe and sanitary dwelling, the supplemental relocation payment may be determined by estimating the amount paid for the dwelling at the present location together with an area of land typical in size for a rural homesite in the general area and deducting this amount from the estimated selling price of the dwelling relocated on a comparable rural homesite.

(iv) The maximum supplemental relocation payment allowable under any of the circumstances mentioned in this subdivision is $5,000.

(5) Selling prices.All calculations or supplemental relocation payments are to be predicated on the probable selling prices of the available comparable housing, not the asking prices.

(6) Inspections of replacement dwelling.In order to be eligible for and receive the supplemental relocation payment, the owner-occupant must purchase and occupy a decent, safe and sanitary replacement dwelling. The replacement dwelling must be inspected by representatives of the commissioner and a determination made that it meets the standards for decent, safe and sanitary housing as defined in section 210.2 of this Part. In any application for supplemental relocation payments under this section, the individual or individuals or family must attest that, to the best of his or their knowledge and belief, the replacement dwelling meets the standards for decent, safe and sanitary housing as defined in section 210.2 of this Part.

(7) Purchase of "comparable" dwelling not required.The displaced owner-occupant is not required to purchase a "comparable" dwelling to qualify for supplemental relocation payments. Comparability is used as a standard in determining the amount to which he is entitled for supplemental relocation payments. In any event, any dwelling purchased must be decent, safe and sanitary in order to qualify for payment.

(b) Owner-occupant (90 days but under one year); tenants, owner-occupant electing not to repurchase.

(1) Eligibility.
(i) Persons claiming eligibility under these provisions must have lawfully occupied the dwelling acquired for at least 90 days prior to initiation of negotiations for such property. This time is calculated from the date of the first contact with the owner of the property at which a money offer is extended for the acquisition of the property, or the date of delivery of the 90 day notice to the State's intention to acquire the property, whichever occurs later.

(ii) Persons otherwise eligible under this section must rent or purchase a dwelling unit that meets the standards of decent, safe and sanitary housing in order to qualify for a supplemental relocation payment.

(2) The maximum payment authorized under (b) of this section for an owner-occupant (90 days but under one year), tenants and an owner-occupant electing not to repurchase is $1,500.
(i) In calculating such supplemental relocation payments for a tenant, the specific payment is the differential between the amount necessary to rent a decent, safe and sanitary dwelling unit for the next two years minus 24 times the amount of rent paid for the last month immediately before being required to move, or 24 times the economic rent of the dwelling, whichever is the lesser. Economic rent shall be established by the State's appraisal process. Where rent is being paid to a State or political subdivision thereof, economic rent shall be used in determining the amount of payment of which the relocatee is entitled. When a displaced individual rents only a sleeping room and is otherwise eligible, the supplemental relocation payment not to exceed $1,500 shall be based on the rent for a comparable sleeping room. The standards for decent, safe and sanitary housing shall also apply.

(ii) In calculating such supplemental relocation payments for an owner-occupant who is not eligible for payment because he had not actually owned and occupied his dwelling for at least one year prior to the acquisition of that property by the State or has elected not to purchase a new property, the payment shall be calculated as follows: the difference between the cost of renting for the next two years a decent, safe and sanitary dwelling adequate to accommodate him and his family in an area not generally less desirable in regard to public utilities and commercial facilities than the area from which he was displaced, and 12 percent of the acquisition price of the property acquired, not exceeding $1,500.

(iii) A person eligible for supplemental relocation payments under (b) of this section who elects to make a down payment on a decent, safe and sanitary dwelling is entitled to receive the amount necessary to make the down payment, up to a maximum of $1,500. The amount "necessary" for such down payment is based on the amount that the relocatee would have to pay if the purchase of replacement housing was financed by a conventional loan.

(c) Owner-occupant: prohibition on double payments. If an owner-occupant eligible for the maximum of $5,000 payment elects initially not to repurchase a replacement dwelling, but rather to claim benefits on the two year rent differential basis, he cannot receive double payment in excess of $5,000 if he later decides (within the allowable period) to purchase a replacement house. The amount of any payment made on the rent differential basis is to be deducted from the calculated differential necessary to purchase a replacement dwelling.

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