Current through Register Vol. 46, No. 12, March 20, 2024
Application for payment of moving expenses and for any
incidental expenses and supplemental relocation payments shall be made to the
trustees of the State University of New York acting by and through the office
of university land acquisition, hereinafter referred to as "the trustees," upon
forms prescribed by said office and shall be accompanied by such information
and evidence as said office may require and payment of such will be made to
eligible persons under the circumstances and to the extent set forth
below.
(a)
General provisions
applicable to both residential and commercial relocations.
(1) When 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, the eligible persons are
authorized to proceed with the relocation.
(2) Moving expenses shall not include the
cost of moving any fixtures or equipment considered part of the realty from the
acquired property nor will reimbursement be made for any cost of construction
or improvement to the new location or for any remodeling, redecorating or
reinforcing of the new structure to accommodate the eligible person or his
personal property.
(3) In case of a
partial taking 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 any losses due to
negligence.
(5) Where an eligible
individual or family occupies bona fide living quarters on the same premises as
a business concern (including the operation of a farm), they may be considered
as a separate eligible person in determining the amount of payment for
residential moving expenses.
(6)
After an eligible person has vacated the property, no moving expense payments
will thereafter be made to any party with respect to the subsequent occupancy
of the same property.
(7) In
addition to residential or commercial moving expenses, as herein provided, any
owner of any property acquired by the trustees shall be reimbursed for
incidental expenses as defined in this Part.
(8) In a case where advance payment of moving
expenses or supplemental relocation payments are requested on the basis of
hardship, the claimant must submit in advance a written application setting
forth the full extent and circumstances of the hardship. A written
determination will then be made by the trustees. If the trustees determine that
a hardship exists, an advance payment of reasonable, necessary moving expenses
or supplemental relocation payments will be made. The trustees may rely upon
bids from reputable movers when making an advance payment of moving expenses
and upon a signed contract for the purchase of a replacement property or a
signed lease or other acceptable firm commitment for a rental unit when
determining the good faith of an eligible person in making advance supplemental
relocation payments.
(9) If a
claimant is not satisfied with the trustees determination of his eligibility
for the moving expense or relocation payment claimed, he may request a
conference with the director of the office of land acquisition and submit
whatever evidence he wishes in support of his position. A written determination
of the final decision will then be directed to the claimant with a full
explanation of the basis of the determination.
(b)
General provisions applicable only
to commercial moves.
(1) The moving
expenses payment in the case of an owner or tenant of a business concern
(including the operation of a farm) shall be the amount of their actual
reasonable and necessary moving expenses plus a contingency allowance of five
percent of that amount as well as reimbursement for any incidental expenses
resulting from the acquisition.
(i) Any
moving expense payment, including an advance payment based upon hardship, for
actual reasonable and necessary moving expenses shall be within the limits of
bids from at least one reputable mover to be furnished by the business concern
or farm operation, and when the trustees deem it advisable, upon inventories
which the trustees shall cause to be taken on or about the vesting date and
immediately preceding the relocation.
(2) In lieu of actual reasonable and
necessary moving expenses, as set forth in section
303.5 of this Part, an owner or
tenant of a business concern (including a farm operation) who discontinues or
relocates, may elect to receive a fixed relocation payment of $5,000 or the
amount of his average annual net earnings, whichever is the lesser, subject to
the following conditions:
(i) A business
concern must show, to the satisfaction of the trustees, that a substantial loss
of existing patronage as defined in this Part would occur upon dislocation and
that it is not part of a chain of even one other similar business not being
acquired by the State or Federal government.
(ii) A farm operator, to be eligible, must
show to the satisfaction of the trustees that the relocation or discontinuance
of the farm operation was necessitated by the acquisition.
(c)
General provisions
applicable only to residential moves.
The relocation payment in the case of an individual or
family occupying residential property shall be the amount of their actual
reasonable and necessary moving expenses or a one room-count, lump-sum payment
as well as any additional supplemental relocation payments, provided in
sections 303.6,
303.3(a)(7), and
303.3(c)(6) of
this Part.
(1) Payment for moving
expenses may be made to any eligible individual or family on the basis of
actual reasonable and necessary moving expenses as defined in section
303.2(k).
(i) Such payments must be supported by
acceptable, detailed, receipted bills or such other evidence of expenses
incurred as is acceptable to the trustees.
(2) In lieu of proving actual reasonable and
necessary moving expenses, such eligible individual or family may elect to
accept a moving expense allowance of a lump-sum amount made in accordance with
the number of counted rooms occupied by such individual or family as set forth
in the schedule of payments in section
303.4, herein, plus a dislocation
allowance of $100.
(3) The eligible
individual or family must notify the trustees in writing at least three weeks
before the actual move of a selection of payment on the basis of actual
reasonable and necessary moving expenses or the fixed, room-count, lump-sum
dislocation allowance.
(4) In case
of failure to notify the trustees as provided above, it will be assumed that
the eligible individual or family waives the right of selection and will be
paid a lump-sum amount based on the counted-room schedule as set forth in
section 303.4, plus the dislocation
allowance of $100.
(5) Where more
than one individual or family occupy the same residential quarters and move to
separate locations, each such individual or family may qualify for moving
expenses, incidental expenses and supplemental relocation payments as provided
in this Part.
(6) In those cases
where a multiple dwelling is acquired, a finder's fee payment may be made to an
eligible owner or tenant, when in the discretion of the trustees, such fees are
determined to be a usual, customary and necessary expense for relocating in the
locality involved. The finder's fee shall be reimbursed only when relocation is
made within three months of the State's written request to vacate. Payment
shall be made upon the basis of an acceptable, detailed, receipted bill from an
owner, broker, or recognized real estate agent within the limits of the
following schedule:
Number of Rooms From Which
Displayed |
Amount |
1 to 3 |
$150 |
4 |
300 |
5 |
400 |
6 |
500 |
7 |
600 |
8 or more |
700 |
Furnished rooming house |
50 (per room) |
(d)
General provisions applicable only
to mobile home moves.
(1) In the case
of a mobile home on an individual lot or in a typical mobile home park, where
such mobile home is attached to service lines such as water, gas, electric and
sewage and occupies space on a weekly, monthly or term lease basis, the owner
of such mobile home, when required to remove the mobile home to clear the site
of a project, is eligible for payment to move his mobile home, equipment and
appurtenances from the premises. Such payment will be made only upon the basis
of detailed, receipted bills or such other evidence of expenses incurred deemed
acceptable to the trustees.
(2)
Providing an agreement of adjustment, purchase or partial payment is made with
the owner of a mobile home which has been acquired by the State as real
property and the mobile home is returned to the owner under the agreement as
part of the consideration in the claim, no allowance for moving expenses will
be made to the owner upon the removal of the entire mobile home including all
personal property from the premises unless it is necessary to remove
substantially all of their personal effects, houseshold equipment and furniture
from the mobile home before it is moved, in which case actual necessary moving
expenses may be allowed if substantiated by detailed, receipted bills or by
such other evidence as may be acceptable to the trustees. Such owner-occupant
will be eligible for supplemental relocation payments.
(3) In the event that a mobile home is
acquired as part of the realty and compensated as such, and such owner-occupant
or tenant relocates from such mobile home, he shall be eligible to receive
compensation for actual reasonable and necessary moving expenses based upon
receipted bills acceptable to the trustees or in accordance with a room-count,
lump-sum payment as set forth in this Part.
(4) An owner-occupant or tenant of a mobile
home shall be eligible to receive supplemental relocation payments in the same
manner as the owner-occupant or tenant of a conventional residential dwelling
as set forth in section
303.6 of this Part insofar as the
payment shall be based upon the amount necessary to enable said owner-occupant
or tenant to purchase or lease a decent, safe and sanitary mobile home facility
and homesite.
(5) When in the
discretion of the trustees it is determined that a sufficient portion of a
mobile home park is taken to justify the operator of such park moving his
business or going out of business and the operator does, in fact, move or go
out of business, the owner-occupants and tenants of the mobile home dwellings,
not within the actual taking, who are forced to move will be eligible to
receive supplemental relocation payments as though their dwellings were within
the actual taking.