Title 9 Part 463

Section 3.19 of the Parks, Recreation and Historic Preservation Law provides that the Commissioner of Parks, Recreation and Historic Preservation, 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, supplemental relocation payments, loss of favorable mortgage financing and closing costs to occupants of property acquired pursuant to such laws. The following rules and regulations 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.

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

Office of Parks, Recreation and Historic Preservation, in the Executive Department.

The Executive Department.

A person who is not a member of a family as hereinafter defined.

The term family means two or more individuals, one of whom is the head of a household, plus all other individuals, regardless of blood or legal ties, who live with and are considered a part of the family unit. Where two or more individuals occupy the same dwelling with no identifiable head of a household, they shall be treated as one family.

The term business means any lawful activity, excepting a farm operation, conducted primarily:

A corporation, partnership, individual or other public or private entity, engaged in a business, professional or institutional activity on a nonprofit basis, necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises.

The term farm operation means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

The reasonable necessary expenses of moving personal property, including the costs of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading and reinstalling such personal property. Reimbursement for necessary moving expenses is also intended to include payment for temporary lodging and transportation and the cost of transferring licenses, exclusive of legal fees. Moving expense reimbursement is exclusive of any betterments or improvements (except when required by law) or additives to the replacement site.

That space in the appropriated structure containing a substantial and usual quantity of household furniture, equipment and personal property. They shall include the usual acceptable defined rooms such as bedrooms, living rooms, kitchens, etc., but will exclude vestibules, hallways, bathrooms and powder rooms.

Any single family house, a single family unit in a multi-family building, a unit of a condominium or cooperative housing project, a mobile home, or any other residential unit.

One which is:

Such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the State, together with the credit instruments, if any, secured thereby.

An individual owning, legally or equitably, the fee simple estate, a life estate, a 99-year lease; the contract purchaser of any of the foregoing estates or interests or who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law.

The amount to compensate a displaced person for the increased interest costs he is required to pay for financing a replacement dwelling based on the existing and replacement housing mortgage.

The amount necessary for the actual, reasonable and necessary costs incurred incident to the purchase of a replacement dwelling, not including prepaid expenses.

A situation determined by the commissioner to represent any extenuating or unusual circumstance where serious financial, social or personal hardship would be imposed upon an owner/tenant because of a delay in receiving payment of moving expenses, supplemental housing benefits, or related eligible expenses.

The date of the first personal contact with the owner of any property to be acquired or his designated representative where price is discussed.

The date of the first personal contact with the owner of any property or his designated representative where price is discussed, except where such contract is made solely for protective buying or because of hardship.

Eligibility for the payments enumerated in this Part are specified under the respective subdivisions hereof. However, no eligibility will accrue to any person moving onto any project subsequent to the date of initiation of negotiations for the project, except for the payment of moving expenses, unless it be determined by the commissioner to be in the public interest to so make a finding of eligibility.

A decent, safe and sanitary dwelling is one which meets all of the following minimum requirements:

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.

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.

An eligible person occupying a business, farm operation or a nonprofit organization will be reimbursed for actual, reasonable and necessary moving expenses; actual, reasonable and necessary expenses in searching for a replacement site; and actual direct losses of tangible personal property in moving or discontinuing the operation or activity.

On an actual cost basis, all bids, estimates and final bills being submitted on each phase of the move by moving concerns or skilled craftsmen, herein referred to as contractors, shall contain as a minimum, the following information:

In lieu of actual, reasonable and necessary moving expenses, searching fees and actual direct losses of tangible personal property, a business or farm operation is eligible for a payment equal to the average annual net earnings of the displaced business or farm, except such payment shall not be less than $2,500 nor more than $10,000, providing the following requirements are met:

The owner of the business eligible for relocation expenses must submit a written application as prescribed by the commissioner with eligibility for payment contingent upon the State's determination that the business:

The owner of a displaced farm operation must submit a written application as prescribed by the commissioner with eligibility for payment contingent upon the State's determination that:

In addition to other payments and benefits authorized by State law, individuals and families displaced from dwellings on real property acquired by the office, who were in occupancy on or after July 1, 1971, are entitled to supplemental relocation payments, payment for loss of favorable mortgage financing and incidental expenses in accordance with the following criteria and eligibility standards.

All calculations or supplemental relocation payments are to be predicted on the basis of the probable selling price of the available comparable housing, not the asking prices.

An owner-occupant eligible for a replacement housing payment under subdivision (b) of this section who elects to rent a replacement dwelling is eligible for a rental replacement housing payment not to exceed $4,000. The payment shall be computed and disbursed according to the following criteria:

A displaced owner-occupant otherwise eligible under subdivision (b) of this section, except that he has owned and occupied the dwelling for less than 180 days but more than 90 days, may receive an amount, not to exceed $4,000, to enable him to make a down payment on the purchase of a replacement dwelling and reimbursement for actual expenses incident to such purchase; or for additional costs to relocate his retained dwelling in accordance with the following:

If the owner elects to retain his dwelling, the replacement housing payment will be determined in accordance with paragraph (b)(4) of this section, except that such payment shall not exceed $4,000. If the owner first elects to rent a replacement property, but later decides to apply for a down payment on a purchase of a replacement property, any payments made under the rental provisions are to be deducted from the payments authorized under this paragraph.

An owner-occupant, otherwise eligible under subdivision (b) of this section, except that he has owned and occupied the dwelling for less than 180 days but more than 90 days and elects to rent a replacement dwelling, is eligible for a rental housing payment not to exceed $4,000. The specific payment will be determined in accordance with the provisions of paragraphs (c)(1)-(3) of this section.

A tenant-occupant, eligible for a rental replacement payment under subdivision (f) of this section, who elects to purchase a replacement dwelling is eligible to receive an amount, not to exceed $4,000, to enable him to make a down payment on the purchase of a replacement dwelling, including the incidental expenses incident to such purchase. The payment will be computed in accordance with the provisions of subdivision (d) of this section.

A displaced tenant of a sleeping room who is eligible for a replacement housing payment under subdivision (f) of this section receives an amount, not to exceed $4,000, as a rental replacement housing payment or to enable him to make a down payment on a replacement dwelling in accordance with the following regulations:

The amount of increased interest payment will be computed in accordance with the following procedures:

The discount rate shall be the prevailing rate of interest paid on passbook savings account deposits by commercial banks in the general area in which the replacement dwelling is located.

The payment described in this paragraph may be made directly to the relocated individual or family, or, upon written instruction from the relocated individual or family, directly to the mortgagee of the replacement dwelling.

The interest payment on multi-use properties shall be reduced to the percentage ratio that the residential value of the multi-use property bears to the before value.

If a dwelling is located on a tract where the fair market value is established on a higher and better than residential use, and if the mortgage is based on residential value, the interest payment shall be computed as provided above. If the mortgage is obviously based on the higher use, however, the interest payment shall be reduced to the percentage ratio that the estimated residential value of the parcel bears to the before value.

A displaced owner of a mobile home who has occupied, for at least 180 days, the mobile home on the site from which he is being displaced, and is otherwise eligible under the provisions of paragraph (b)(2) of this section, is eligible for payments, the total of which may not exceed $15,000, for the additional costs necessary to purchase replacement housing under the following circumstances:

If the owner-occupant decides to rent, the rental replacement payment shall be the difference between the State's determination of the amount necessary to rent a comparable mobile home and site for a period of four years and 48 times the economic rent of the existing mobile home and site. The calculated rental replacement payment may not exceed the amount determined by the State in subparagraphs (i) and (ii) of this paragraph, or $4,000, whichever is lesser.

If the owner elects to rent, the rental replacement payment shall be the difference in the amount determined by the State as necessary to rent a comparable mobile homesite for a period of four years and 48 times the economic rent of the site acquired. The calculated rental replacement payment may not exceed the amount determined by the State in subparagraph (ii) of this paragraph, or $4,000 whichever is lesser.

If the owner elects to rent a replacement mobile home, the rental replacement housing payment, not to exceed $4,000, shall be the difference in the amount determined by the State as necessary to rent a comparable mobile home and site for four years and 48 times the economic rent of the mobile home plus the actual rent of the site acquired.

A displaced owner of a mobile home who has occupied, for less than 180 days but more than 90 days, the mobile home on the site from which he is displaced and who is otherwise eligible under the provisions of paragraph (b)(2) of this section, is eligible for an amount, not to exceed $4,000, to enable him to make a down payment on the purchase of replacement housing and to reimburse him for the actual expenses incident thereto in accordance with the following provisions:

If the owner elects to rent, the rental replacement payment shall be the difference in the amount determined by the State as necessary to rent a comparable mobile home and site for four years and 48 times the economic rent of the mobile home and the actual rent of the site acquired.

A displaced tenant of a mobile home who has occupied for at least 90 days the mobile home on the site from which he has been displaced, and is otherwise eligible under the provisions of paragraph (f)(1) of this section, is eligible for a replacement housing payment, not to exceed $4,000:

Where a dwelling is located on a tract where the fair market value is established on a higher and better than residential use, the maximum replacement housing payment shall be determined by estimating the value of the dwelling at the present location on a homesite typical for the area and zoned for residential use and deducting this amount from the selling price of a comparable dwelling on a typical residential homesite for the area.

Where displaced individuals or families occupy living quarters on the same premises as a displaced business, farm or nonprofit organization, such individuals or families are separate displaced persons for purposes of determining entitlement to relocation payments.

Payments described herein may be made, upon written instructions and assignment from the displaced person, directly to a lessor for rent or to a seller for application on a payment for decent, safe and sanitary dwelling.

If an owner-occupant eligible for the maximum $15,000 payment elects initially not to repurchase a replacement dwelling, but rather to claim benefits on the four-year rent differential basis, he cannot receive double payment in excess of $15,000 if he later decides (within the allowable period) to purchase a replacement house. The amount of any payment made on the rent differential basis is to be deducted from the calculated differential necessary to purchase a replacement dwelling.

Notwithstanding any other provisions contained in this Part, the commissioner is authorized in hardship cases to make advance payments in anticipation of the eligible person actually completing his moving of personal property or actually purchasing or renting and occupying decent, safe and sanitary replacement housing. The commissioner may authorize the advance payment of the amount determined to represent reasonable and necessary moving expenses or the amount of the approved supplemental relocation payment deemed necessary to purchase or rent decent, safe and sanitary replacement housing. In the case of a supplemental relocation payment, payment can only be made if there is a signed contract for the purchase of a replacement property, or in the case of a replacement rental unit, if there is a signed lease or some other firm commitment. In both instances, the proposed replacement housing must be inspected prior to payment for a determination of compliance with decent, safe and sanitary standards.