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).
(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
(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
(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
(3) Calculation of
payments.The average price of a comparable dwelling, shall be established by
one of the two following methods:
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
(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
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.
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
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
(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
Owner-occupant (90 days but under one year); tenants, owner-occupant electing
not to repurchase.
(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
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.
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
(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.