Title 9 Part 277

Section 27 of the Public Lands Law provides that the Commissioner of General Services with the approval of the Director of the Budget shall establish and may amend rules and regulations authorizing the payment of reasonable and necessary moving expenses, actual direct losses, certain actual expenses, supplemental relocation payments, loss of favorable mortgage financing and closing costs to occupants of property acquired pursuant to such law. The rules and regulations set forth in this Part shall apply to moving expenses, supplemental relocation payments, loss of favorable mortgage financing and closing costs to eligible persons caused by their displacement from real property acquired pursuant to such law.

If the application of the above criteria creates an inequity or hardship in any given case, the agency may approve the use of other criteria as determined appropriate.

The following is a nonexclusive listing of persons who do not qualify as displaced persons under this Part:

A person is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property:

A person is considered to be in unlawful occupancy when such person has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations or is determined to be a squatter who is occupying the real property without the permission of the owner and otherwise has no legal right to occupy the property under State law. At the discretion of the agency, squatters who occupy real property without the permission of the owner may be considered to be in unlawful occupancy.

Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A displaced person must be provided reasonable assistance necessary to complete and file any required claim for payment.

The agency shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.

If a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the agency shall authorize the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

If two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the agency, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

The agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. Similarly, the agency may deduct from relocation payments any rent that the displaced person owes the State; provided that no deduction shall be made if it would prevent the displaced person from obtaining a comparable replacement dwelling. The agency shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any other creditor.

If the agency disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination.

Any displaced owner-occupant or tenant of a dwelling who qualifies as a displaced person is entitled to payment of his or her actual moving and related expenses, as the agency determines to be reasonable and necessary, including expenses for:

Any person displaced from a dwelling or seasonal residence shall be entitled to a fixed amount in accordance with the room-count schedule below as an alternate to the payment provided for in (a) above. If the eligible person to be displaced elects to receive a scheduled payment, the following schedules shall apply:

ROOM-COUNT SCHEDULE

Payment on the scheduled basis to a person occupying a furnished one-room unit shared by more than one other person is limited to $50 if the move is performed by the agency at no cost to the person.

Any business or farm operation which qualifies as a displaced person is entitled to payment for such actual moving and related expenses as the agency determines to be reasonable and necessary, including expenses for:

The following requirements apply to payments under this section:

If the displaced person elects to take full responsibility for the move of the business or farm operation, the agency may make a payment for the person's moving expenses in an amount not to exceed the lower of the two acceptable bids or estimates obtained by the agency or prepared by qualified staff. At the agency's discretion, a payment for a low cost or uncomplicated move may be based on a single bid or estimate.

Upon request and in accordance with applicable law, the claimant shall transfer to the State ownership of any personal property that has not been moved, sold, or traded in.

The amount of a payment for direct loss of an advertising sign which is personal property shall be the lesser of:

A displaced business may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses, and actual reasonable reestablishment expenses provided by section 277.4(c) and 277.4(f) respectively. Such fixed payment, except for payment to a not-for-profit organization, shall equal the average annual net earnings of the business, as computed in accordance with paragraph (5) of this subdivision, but not less than $1,000 nor more than $20,000. The displaced business is eligible for the payment if the agency determines that:

In determining whether two or more displaced legal entities constitute a single business which is entitled to only one fixed payment, all pertinent factors shall be considered, including the extent to which:

A displaced farm operation may choose a fixed payment, in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses, in an amount equal to its average annual net earnings as computed in accordance with paragraph (5) of this subdivision, but not less than $1,000 nor more than $20,000. In the case of a partial acquisition of land which was a farm operation before the acquisition, the fixed payment shall be made only if the agency determines that:

A displaced not-for-profit organization may choose a fixed payment of $1,000 to $20,000, in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses, if the agency determines that it cannot be relocated without a substantial loss of existing patronage (membership or clientele). A not-for-profit organization is assumed to meet this test, unless the agency demonstrates otherwise. Any payment in excess of $1,000 must be supported with financial statements for the two 12-month periods prior to the acquisition. The amount to be used for the payment is the average of 2 years annual gross revenues less administrative expenses. Gross revenues may include membership fees, class fees, cash donations, tithes, receipts from sales or other forms of fund collection that enables the not-for-profit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund-raising expenses. Operating expenses for carrying out the purposes of the not-for-profit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or other documents required by the agency.

The average annual net earnings of a business or farm operation are one-half of its net earnings before Federal, State, and local income taxes during the two taxable years immediately prior to the taxable year in which it was displaced. If the business or farm was not in operation for the full two taxable years prior to displacement, net earnings shall be based on the actual period of operation at the displacement site during the two taxable years prior to displacement, projected to an annual rate. Average annual net earnings may be based upon a different period of time when the agency determines it to be more equitable. Net earnings include any compensation obtained from the business or farm operation by its owner, the owner's spouse and dependents. The displaced person shall furnish the agency proof of net earnings through income tax returns, certified financial statements, or other reasonable evidence which the agency determines is satisfactory.

A displaced person is not entitled to payment for:

In addition to the payments available under section 277.4(c) of this section, a small business, farm or not-for-profit organization may be eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in relocating and reestablishing such small business, farm, or not-for-profit organization at a replacement site.

Reestablishment expenses must be reasonable and necessary as determined by the agency. They may include, but are not limited to the following:

The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible:

A displaced person is eligible for the replacement housing payment for a 180-day homeowner-occupant if the person:

The replacement housing payment for an eligible 180- day homeowner-occupant may not exceed $22,500. (See also section 277.5[d]). The payment under this section is limited to the amount necessary to relocate to a comparable replacement dwelling within one year from the date the displaced homeowner-occupant is paid for the displacement dwelling, or the date such person is initially offered a comparable replacement dwelling, whichever is later. The payment shall be the sum of:

The payment shall be an amount which will reduce the mortgage balance on the replacement dwelling to an amount which would be amortized with the same monthly payment for principal and interest as that for the mortgage(s) on the displacement dwelling. In addition, payments shall include other debt service costs, if not paid as incidental costs, and shall be based only on bona fide mortgages that were valid liens on the displacement dwelling for at least 180 days prior to the initiation of negotiations. Subparagraphs (i)-(v) of this paragraph shall apply to the computation of the increased mortgage interest costs payment, which payment shall be contingent upon a mortgage being placed on the replacement dwelling.

The incidental expenses to be paid under subparagraph (2)(iii) of this subdivision or section 277.5(b)(3)(i) are those necessary and reasonable costs actually incurred by the displaced person incident to the purchase of a replacement dwelling and customarily paid by the buyer, including:

No person shall be denied eligibility for a replacement housing payment solely because the person is unable to meet the occupancy requirements set forth in these regulations for a reason beyond the person's control, including:

A displaced person who initially rents a replacement dwelling and receives a rental assistance payment under section 277.5(b)(2) is eligible to receive a payment under section 277.5 (a) or section 277.5(b)(3) if the person meets the eligibility criteria for such payments, including purchase and occupancy within the prescribed 1 year period. Any portion of the rental assistance payment that has been disbursed shall be deducted from the payment computed under section 277.5(a) or section 277.5(b)(3).

A replacement housing payment is personal to the displaced person and on the person's death the undisbursed portion of any such payment shall not be paid to the heirs or assigns, except that:

Whenever a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants as specified in section 277.5(a) or section 277.5(b), as appropriate, the agency shall provide additional or alternate assistance under the provisions of this subdivision. Any decision to provide last resort housing assistance must be adequately justified either:

Notwithstanding any provision of this subdivision, no person shall be required to move from a displacement dwelling unless comparable replacement housing is available to such person. No person may be deprived of any rights provided under this Part. The agency shall not require any displaced person to accept a dwelling provided by the agency under this Part (unless the agency and the displaced person have entered into a contract to do so) in lieu of any acquisition payment or any relocation payment for which the person may otherwise be eligible.

The agency shall have broad latitude in implementing this section, but implementation shall be for reasonable cost, on a case-by-case basis unless an exception to case-by-case analysis is justified for an entire project.

This section describes the requirements governing the provision of relocation payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this Part. Except as modified by this section, such a displaced person is entitled to a moving expense payment in accordance with section 277.4 and a replacement housing payment in accordance with section 277.5 to the same extent and subject to the same requirements as persons displaced from conventional dwellings.

A displaced tenant or owner-occupant of a mobile home is eligible for a replacement housing payment, not to exceed $5,250, under section 277.5(b) if:

Both the mobile home and mobile home site must be considered when computing a replacement housing payment. For example, a displaced mobile home occupant may have owned the displacement mobile home and rented the site or may have rented the displacement mobile home and owned the site. Also, a person may elect to purchase a replacement mobile home and rent a replacement site, or rent a replacement mobile home and purchase a replacement site. In such cases, the total replacement housing payment shall consist of a payment for a dwelling and a payment for a site, each computed under the applicable subdivision in section 277.5. However, the total replacement housing payment under sections 277.5 shall not exceed the maximum payment (either $22,500 or $5,250) permitted under the applicable subdivision. (See also section 277.5[c].)

If the mobile home is not actually acquired, but the occupant is considered displaced under this Part, the “initiation of negotiations” is the initiation of negotiations to acquire the land, or, if the land is not acquired, the written notification that the person is a displaced person.

If the owner is reimbursed for the cost of moving the mobile home, the person is not eligible to receive a replacement housing payment to assist in purchasing or renting a replacement mobile home. The person may, however, be eligible for assistance in purchasing or renting a replacement site.

The acquisition of a portion of a mobile home park property may leave a remaining part of the property that is not adequate to continue the operation of the park. If the agency determines that a mobile home located in the remaining part of the property must be moved as a direct result of the project, the owner and any tenant shall be considered a displaced person who is entitled to relocation payments and other assistance under this Part.