N.Y. Comp. Codes R. & Regs. tit. 9 § 463.3

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

Section 463.3 - General provisions applicable to residential and commercial moving expenses

The provisions stated herein apply to eligible persons occupying property to which title vested in the State on or after July 1, 1971. Application for payment of moving expenses shall be made by an eligible person in writing to the commissioner upon forms prescribed and shall be accompanied by such information, evidence and executed vouchers as may be required. Such application shall be submitted to the commissioner through the regional park offices and payment of such moving expenses will be made to eligible persons under the circumstances and to the extent set forth herein.

(a) Any individual, family, business or farm operator is eligible to receive payment for the reasonable expenses of moving his personal property subsequent to the earlier of the following two dates:

(1) he is in occupancy at the initiation of negotiations for the acquisition of the real property in whole or in part; or

(2) he is in occupancy at the time he is given a written notice by the State that it is their intent to acquire the property by a given date or he is given notice to vacate the property by a specific date.

(b) Where the acquisition of real property used for a business or farm operation which is eligible for a payment under subdivision (a) of this section causes a person to vacate a dwelling from other real property not acquired, the additional expenses of moving such personalty are eligible for the appropriate moving payments.

(c) Moving expenses shall not exceed the cost of transportation beyond 50 miles, except in the case of a business or farm when the State determines that relocation cannot be accomplished within the 50-mile area; such exceptions may only be allowed to the nearest adequate and available site.

(d) The cost of insurance premiums covering loss and damage of personal property while in storage or transit will be eligible for reimbursement. Moving expenses shall not include any direct losses or losses due to negligence.

(e) The type of interest acquired does not affect the eligibility of relocation costs for reimbursement, provided the interest acquired is sufficient to cause displacement. If, in the opinion of the commissioner, the acquisition of a portion of an entire premises or of access thereto renders all or the remainder of such premises unsuitable for continued use and occupation, or renders it without suitable access, the removal of personal property from the entire property may be considered eligible for the payment of moving expenses.

(f) 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, unless required by law, or deemed to be in the public interest by the commissioner.

(g) Reimbursement for electrical wiring and plumbing charges and communication systems work, covers only that work which is directly related to the personal property being relocated. Reimbursement is to exclude any costs of bringing electrical or plumbing services to the new site, but may include costs of labor and materials of distributing these services to the personal property relocated. Reimbursement under this category excludes costs of installing basic electrical wiring or plumbing to a new structure, or that normally found and expected in an existing structure, and is intended to cover only those costs necessary to provide sufficient and adequate, but not super-adequate, utilities to operate the displaced business.

(h) No reimbursement for overtime payments will be allowed unless prior approval is received in writing from the office.

(i) It is expected that in anticipation of moving, the business or farm will reduce their inventories of stock or merchandise as much as practicable in order to have the removal accomplished in the most businesslike manner.

(j) Application for payment of moving expenses must be made within 12 months after vacating of acquired premises or six months after final award determination in a case litigated in the courts of the State, whichever is the later. Such limitation shall include any eligible storage period.

(k) In case a building or structure acquired by the State is returned to the owners under an agreement, an eligible person will be entitled to the moving expenses for any personal effects, furniture and household equipment remaining in the building or structure at the time of removal of such building or structure; however, the cost of moving the structure is not eligible for moving expenses. The eligible person, at his option, may accept a room-count allowance or receive reimbursement on the actual cost basis.

(l) In the case where the acquisition of real property causes the displacement of an advertising sign and such sign constitutes the only improvement to the property acquired, or where the acquisition causes a person to remove his advertising sign from real property not acquired, the owner of the advertising sign is eligible for appropriate moving payments. However, where the advertising sign is owned by and located on the business or farm displaced, there wll be no separate moving or related expenses considered.

(m) Moving junkyards and automobile graveyards. The State will pay the cost to put the junk or automobile bodies in an acceptable condition for delivery to the nearest reasonable salvage collection point, together with the transportation costs from the appropriated property to said salvage collection point. In the case of moving the material from an appropriated junkyard to a substitute location, the State will pay the processing cost to prepare the junk for removal by the most economical means. The State will not pay the cost of disassembly for resale of parts.

(n) An advertising sign, junkyard or automobile graveyard that is otherwise eligible for moving payments will not be eligible when it is moved to a site in violation of State, Federal or local regulations.

(o) An otherwise eligible owner of an advertising sign or a nonprofit business is not entitled to an "in lieu of" moving expense payment.

(p) If the actual costs incurred by the eligible person exceed the office's approved limit of moving expenses, the eligible person may submit to the office a fully detailed explanation for the excess costs. The office's approval limit may be adjusted accordingly.

(q) The cost of necessary storage for a period not to exceed six months may be considered as part of moving expenses and will be subject to the following provisions:

(1) Moving expenses may include the cost of moving into dead storage at the prevailing rate in a commercial storage facility or warehouse; no payment will be made for storage on premises owned or occupied by the eligible person, members of his immediate family, or his legal or financial representative.

(2) If personal property is subsequently sold or delivered from storage to third parties, reimbursement for storage or moving out of storage will not be allowed.

(r) The costs of storage or moving out of storage will not be considered in calculating a figure for determining the extent of participation in any other benefits denied herein.

(s) The State will not participate in more than one move of a displaced person unless in the opinion of the commissioner it is in the public interest to do so.

(t) In the case of a hardship where advance payment of moving expenses is requested, the eligible person must submit in advance a written application setting forth the full extent and circumstances of the hardship. A written determination will be made by the office. If the office determines a hardship exists, an advanced payment of reasonable necessary moving expenses may be made.

(u) In unusual or hardship situations, when determined to be in the public interest, the commissioner may authorize a payment even though the strict requirements of eligibility specified herein are not met.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 463.3