N.Y. Comp. Codes R. & Regs. tit. 17 § 101.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 101.4 - General relocation requirements

(a) The Commissioner of Transportation adopts sections 24.201 through 24.203(a)(3) and 24.203(a)(5) through 24.207, and adopts section 24.209 of title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length with the following additional provision that any "comparable replacement dwelling" must be fair housing, which is open to all persons regardless of race, color, religion, sex, age, disability, or national origin.

(b) Displaced persons not eligible for relocation payments.

(1) Eligibility. Except as provided in paragraph (2) of this subdivision, a displaced person shall not be eligible to receive relocation payments or any other assistance under this Part if the displaced person is an alien not lawfully present in the United States.

(2) Exceptional and extremely unusual hardship. If the department determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under paragraph (1) of this subdivision would result in exceptional and extremely unusual hardship to an individual who is the displaced person's spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the department shall provide relocation payments and other assistance to the displaced person under this Part if the displaced person would be eligible for the assistance but for paragraph (1) of this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 101.4