N.Y. Comp. Codes R. & Regs. tit. 9 § 490.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 490.2 - Definitions

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

(a) Eligible persons. Any individual, family, business concern (including the operation of a farm), and nonprofit organization to be displaced by the acquisition and use of the property by the State who were occupants prior to the date of State taking possession of such property.

(b) Relocation payment. Any payment made to eligible persons for their moving expenses for moving personal property, exclusive of trade fixtures, caused by their displacement from real property acquired by the State pursuant to the above-mentioned law and for which reimbursement or compensation is not made as part of the compensation for the real property under an agreement of adjustment or a court award.

(c) Individual. A person who is not a member of a family as hereinafter defined (considered as a "family" for the purposes of this Part).

(d) Family. Two or more persons who are living together in the same quarters.

(e) Business concern. A corporation, association, partnership, individual or other private entity, engaged in a business or professional activity requiring the use of fixtures, equipment, stock in trade, or other tangible personal property for the carrying on of the business or profession on the premises.

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

(g) Operation of a farm. The operation of a parcel of land (or parcels operated as a single unit) which is used for the production of one or more agricultural commodities for sale and home use and which customarily produces or is capable of producing such commodities in sufficient quantity to contribute materially to the operator's support, including the operation of stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, and greenhouses or other similar structures used primarily for raising agricultural or horticultural commodities.

(h) Moving expenses. Cost of dismantling, disconnecting, crating, loading, insuring, temporary storage not in excess of six months, transporting, unloading, reinstalling of personal property, exclusive of the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection with effecting such reinstallation.

(i) Counted rooms. Counted rooms shall be that space in a building or structure containing a substantial and usual quantity of household furniture and equipment and personal property. They shall include such space as basements, cellars, recreation rooms, living rooms, libraries, studios, dining rooms, kitchens, laundry rooms (when containing mechanical equipment such as washers and dryers), enclosed sun porches (when they contain furniture, household equipment and personal property comparable to a room), bedrooms, attics (when they contain substantial storage of household equipment and furniture and personal property), also garages, out buildings and play houses (when they contain storage of household or garden equipment, furniture and personal property). Foyers and alcoves will be counted as one-half rooms when they contain furniture and household equipment. Combination living rooms-dining rooms and kitchen-dinettes shall be considered one and one-half counted rooms. Vestibules, bathrooms and powder rooms shall not be considered counted rooms.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 490.2