New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter VI - Miscellaneous
Subchapter A - Administrative Procedures
Part 463 - Payment To An Owner Or Tenant Of Property Acquired By The Commissioner Of Parks, Recreation And Historic Preservation
Section 463.2 - Definitions

Universal Citation: 9 NY Comp Codes Rules and Regs § 463.2

Current through Register Vol. 46, No. 39, September 25, 2024

For the purpose of this Part, the following terms shall mean:

(a) Office. Office of Parks, Recreation and Historic Preservation, in the Executive Department.

(b) Department. The Executive Department.

(d) Family. The term family means two or more individuals, one of whom is the head of a household, plus all other individuals, regardless of blood or legal ties, who live with and are considered a part of the family unit. Where two or more individuals occupy the same dwelling with no identifiable head of a household, they shall be treated as one family.

(e) Business. The term business means any lawful activity, excepting a farm operation, conducted primarily:

(1) for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing or marketing of products, commodities or any other personal property;

(2) for the sale of services to the public;

(3) by a nonprofit organization; or

(4) solely for the purpose of moving and related expenses for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.

(f) Nonprofit organization. A corporation, partnership, individual or other public or private entity, engaged in a business, professional or institutional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises.

(g) Farm operation. The term farm operation means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(h) Moving expenses. The reasonable necessary expenses of moving personal property, including the costs of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading and reinstalling such personal property. Reimbursement for necessary moving expenses is also intended to include payment for temporary lodging and transportation and the cost of transferring licenses, exclusive of legal fees. Moving expense reimbursement is exclusive of any betterments or improvements (except when required by law) or additives to the replacement site.

(i) Counted rooms. That space in the appropriated structure containing a substantial and usual quantity of household furniture, equipment and personal property. They shall include the usual acceptable defined rooms such as bedrooms, living rooms, kitchens, etc., but will exclude vestibules, hallways, bathrooms and powder rooms.

(j) Dwelling. Any single family house, a single family unit in a multi-family building, a unit of a condominium or cooperative housing project, a mobile home, or any other residential unit.

(k) Comparable replacement dwelling. One which is:

(1) decent, safe and sanitary as otherwise defined in this Part;

(2) functionally equivalent and substantially the same as the acquired dwelling with respect to:

(i) number of rooms;

(ii) area of living space;

(iii) type of construction;

(iv) age; and

(v) state of repair;

(3) fair housing (open to all persons regardless of race, color, religion, sex or national origin);

(4) in areas not generally less desirable than the dwelling to be acquired in regard to:

(i) public utilities; and

(ii) public and commercial facilities;

(5) reasonably accessible to the relocatee's place of employment;

(6) adequate to accommodate the relocatee;

(7) in an equal or better neighborhood;

(8) available on the market to the displaced person; and

(9) within the financial means of the displaced family or individual.

(l) Mortgage. Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State, together with the credit instruments, if any, secured thereby.

(m) Owner. An individual owning, legally or equitably, the fee simple estate, a life estate, a 99-year lease; the contract purchaser of any of the foregoing estates or interests or who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law.

(n) Loss of favorable mortgage financing. The amount to compensate a displaced person for the increased interest costs he is required to pay for financing a replacement dwelling based on the existing and replacement housing mortgage.

(o) Incidental expenses. The amount necessary for the actual, reasonable and necessary costs incurred incident to the purchase of a replacement dwelling, not including prepaid expenses.

(p) Hardship case. A situation determined by the commissioner to represent any extenuating or unusual circumstance where serious financial, social or personal hardship would be imposed upon an owner/tenant because of a delay in receiving payment of moving expenses, supplemental housing benefits, or related eligible expenses.

(q) Initiation of negotiations for the parcel. The date of the first personal contact with the owner of any property to be acquired or his designated representative where price is discussed.

(r) Initiation of negotiations for the project. The date of the first personal contact with the owner of any property or his designated representative where price is discussed, except where such contract is made solely for protective buying or because of hardship.

(s) Date of eligibility for benefits. Eligibility for the payments enumerated in this Part are specified under the respective subdivisions hereof. However, no eligibility will accrue to any person moving onto any project subsequent to the date of initiation of negotiations for the project, except for the payment of moving expenses, unless it be determined by the commissioner to be in the public interest to so make a finding of eligibility.

(t) Standards for decent, safe and sanitary housing. A decent, safe and sanitary dwelling is one which meets all of the following minimum requirements:

(1) Conforms to State and local housing codes and ordinances. Conforms with all applicable provisions for existing structures that have been established under State or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations.

(2) Water. Has a continuing and adequate supply of potable safe water.

(3) Kitchen requirements. Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and a adequate sewage system. A stove and refrigerator in good operating condition shall be provided when required by local codes, ordinances or custom. When these facilities are not so required by local codes, ordinances or custom, the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities.

(4) Heating system. Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees Fahrenheit in the living area under local outdoor design temperature conditions. A heating system will not be required in those geographical areas where such is not normally included in new housing. Bedrooms are not included in the "living area" as referred to in this paragraph.

(5) Bathroom facilities. Has a bathroom, well lighted and ventilated and affording privacy to a person within it, containing a lavatory, basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system.

(6) Electric system. Has an adequate and safe wiring system for lighting and other electrical services. When the utility is not reasonably accessible and is not required by local codes, ordinances or custom, an exception may be approved by the regional Federal administrator or other designated official on a project basis.

(7) Structurally sound. Is structurally sound, weathertight, in good repair and adequately maintained.

(8) Egress. Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level. In buildings of three stories or more, the common corridor on each story must have at least two means of egress.

(9) Habitable floor space. Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet (70 square feet for mobile home) of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor spaceis defined as that space used for sleeping, living, cooking or dining purposes and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries and unfurnished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.

(10) The standards for decent, safe and sanitary housing as applied to rental of sleeping rooms shall include the minimum requirements contained in paragraphs (1), (4), (6), (7) and (8) of this subdivision and the following:

(i) Habitable floor space. At least 100 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant.

(ii) Bathroom facilities. Lavatory, bath and toilet facilities that provide privacy including a door that can be locked if such facilities are separate from the room.

(11) A mobile home is to be considered to be decent, safe and sanitary if it meets the standards set forth in this subdivision, except that the space requirements are reduced to a minimum of 150 square feet of habitable floor space for the first occupant and a minimum of 70 square feet of habitable floor space for each additional occupant and that one means of egress is available.

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