N.Y. Comp. Codes R. & Regs. tit. 8 § 303.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 303.3 - General provisions

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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 303.3