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 210.8 - General and miscellaneous provisions for supplemental relocation payments

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

(a) Applications for supplemental relocation payment. Applications for all supplemental relocation pavments must be made and filed with the commissioner no later than 18 months after the date on which the displaced person was required to vacate the dwelling acquired, or six months after final award determination in a case litigated in the courts of the State, whichever is the later.

(b) Payments on assignments described herein may be made, upon a written instruction and assignment from the displaced person, directly to a lessor for rent or to a seller for application on a payment for a decent, safe and sanitary dwelling.

(c) Partial takings. In the instance where the dwelling and homesite are only a part of the total taking from the same property, the value of the dwelling and the necessary supporting homesite are to be segregated from the total appraised compensation in calculating any supplemental relocation payment.

(d) Dwellings in excess of three units. Where the real property being acquired is improved by a dwelling having more than three dwelling units, the owner is not eligible for the supplemental relocation payment of the $5,000 maximum, but if he occupies one of the dwelling units, he is eligible to receive the up-to $1,500 payment if other eligibility requirements are met.

(e) Mobile homes. A mobile home may be considered a replacement dwelling providing it substantially meets requirements for decent, safe and sanitary dwellings.

(1) In the instance where a determination has been made that a mobile home to be acquired is classified as real property, and the occupant owns both mobile home and site, the following supplemental relocation payments apply:
(i) If the one year residency requirement is met, the supplemental relocation payment would be computed on the basis of the difference between the amount paid for the mobile home and site and the estimated cost of acquiring a comparable mobile home and site, up to a maximum of $5,000.

(ii) If the one year residency requirement is not met, but the 90 day residency requirement is met or if the owner elects not to purchase a replacement dwelling, the supplemental relocation payment would be calculated as follows: the difference between the cost of renting an adequate, comparable, decent, safe and sanitary mobile home for the next two years and 12 percent of the acquisition price of the property acquired, up to a maximum of $1,500. This payment may be used as a rent supplement or for the down payment on the purchase of replacement housing.

(2) Mobile home tenants.If an occupant does not own a mobile home, such displaced tenant of the mobile home would be entitled to receive a rent differential payment of up to $1,500 as in the case of any other residential tenant, assuming all other eligibility standards have been met.

(3) When a comparable mobile home dwelling is not available, the supplemental relocation payment is to be calculated on the basis of the next higher type dwelling that is available and meets the applicable requirements and standards, i.e., a higher type mobile home or a conventional dwelling.

(4) The one year and 90 day occupancy requirements are to be calculated on the basis of the time the owner or tenant has occupied the mobile home on the site from which he is displaced.

(5) Where the commissioner determines that a sufficient portion of a mobile home park is taken to justify the operator of such park to move his business or go out of business and the operator does in fact move or go out of business, the owners and occupants of the mobile home dwellings not within the actual taking but who are forced to move are eligible to receive the same payments as though their dwellings were within the actual taking.

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