9 NYCRR 414.2

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

Palisades Interstate Park Commission.

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 instructional 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 commission to represent an 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 contact is made solely for protective buying or because of hardship.

Eligibility for the payments enumerated in this Part are specified under the respective subdivision 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 commission 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:

Conforms with all applicable provisions for existing structures that have been established under State or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations.

Has a continuing and adequate supply of potable safe water.

Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition and connected to hot and cold water, and an adequate sewage system. A stove and refrigerator in good operating condition shall be provided when required by local codes, ordinances or custom. When these facilities are not so required by local codes, ordinances or custom, the kitchen area or area set aside for such use shall have utility service connections and adequate space for the installation of such facilities.

Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees Fahrenheit in the living area under local outdoor design temperature conditions. A heating system will not be required in those geograpical areas where such is not normally included in new housing. Bedrooms are not included in the “living area” as referred to in this paragraph.

Has a bathroom, well lighted and ventilated and affording privacy to a person within it, containing a lavatory, basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system.

Has an adequate and safe wiring system for lighting and other electrical services. When the utility is not reasonably accessible and is not required by local codes, ordinances or custom, an exception may be approved by the Regional Federal Highway Administrator or other designated official on a project basis.

Is structurally sound, weathertight, in good repair and adequately maintained.

Each building used for dwelling purposes shall have a safe unobstructed means of egress leading to safe open space at ground level. Each dwelling unit in a multi-dwelling building must have access either directly or through a common corridor to a means of egress to open space at ground level. In buildings of three stories or more, the common corridor on each story must have at least two means of egress.

Has 150 square feet of habitable floor space for the first occupant in a standard living unit and at least 100 square feet (70 square feet for mobile home) of habitable floor space for each additional occupant. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or dining purposes and excludes such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries and unfurnished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.