Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATIONChapter V - RESOURCE MANAGEMENT SERVICESSubchapter D - REAL PROPERTY AND LAND ACQUISITION
Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY
Section 590.11 - Appeals procedure

N.Y. Comp. Codes R. & Regs. tit. 6 § 590.11

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 590.11 - Appeals procedure

An applicant for a moving expense and/or replacement housing payment shall be notified promptly in writing concerning his or her eligibility for the payment claimed, the amount, if any, he or she is entitled to receive, and the time and manner in which such payment will be made. If any or all of the amounts claimed are disallowed or require additional documentation, the eligible person shall be so notified in writing to this effect.

(a) If the claimant is not satisfied with the payment offered, that person may within 18 months of vacating or six months after final award determination by the courts of the State request an informal conference to present his or her case. When requested, such a conference shall be scheduled in the regional office of the department for the region in which the property is located and shall be conducted by the regional director or his or her designee. The claimant may bring whomever he or she wishes to represent him or her or present some facet of his or her claim. The decision of the regional director or such designee shall be made in writing and mailed to the claimant or his representative.
(b) In the event this claimant is not satisfied with the results achieved at this stage he or she may then request a formal hearing. This request shall be directed to the Superintendent of Land Acquisition at the department's main office in Albany. The formal hearing shall be conducted by a hearing officer designated by the commissioner at a time and place to be determined by the hearing officer. Minutes of the proceedings shall be taken.
(c) Based upon all the evidence produced at the hearing, the hearing officer shall make his or her recommendation to the Superintendent of Land Acquisition who shall then make a final determination regarding the claim presented.
(d) In the instance of an appeal, no payment of such calculated moving expenses or supplemental housing and related benefits shall be made until a decision has been rendered by the Superintendent of Land Acquisition. In the instance where an owner files a claim in the Court of Claims for adjudication of the fair market value of the property acquired, and similarly files for an appeal hearing disputing the amount of the supplemental payment preferred, no appeal hearing shall be held until final award determination by the courts of the State.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 590.11