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The materials below consist of regulations of the State University of New York Board of Trustees. However, it is not the Official Compilation of the Codes, Rules, and Regulations of the State of New York. Readers are advised to refer to the Official Compilation ( 8 NYCRR Part et seq )in case of questions.

PART 303

PAYMENTS TO AN OWNER OR TENANT OF RESIDENTIAL PROPERTY

OF COMMERCIAL PROPERTY UPON THEIR APPLICATION FOR

ALLOWANCE OF MOVING EXPENSES IN VACATING PROPERTY

ACQUIRED BY THE STATE UNIVERSITY OF NEW YORK

Sec.

303.1

Purpose

303.2

Definitions

303.3

General provisions

303.4

Fixed residential room-count allowance and fixed moving expenses for individuals and families including residents of furnished living units and mobile homes

303.5

Actual moving expenses for business concerns

303.6

Supplemental relocation payments to residential owners and Tenants

§ 303.1 Purpose.

These rules and regulations are in compliance with subdivisions 12-b, 12-c, and 12-d of section 307 of article 7 of the Education Law and are intended to serve as a guide for the making of payments to eligible persons for moving expenses as well as for any additional incidental and supplemental relocation payments upon their displacement and relocation from real property acquired pursuant to such law.

§ 303.2 Definitions.

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

(a) Advance payment in a hardship case. A payment determined by the Trustees to be the reasonable and necessary moving expenses of an eligible person or the amount of the supplemental relocation payment deemed necessary to purchase or rent decent, safe and sanitary replacement housing and made prior to the actual relocation where the trustees have determined that the affected owner or tenant would suffer serious financial, social or personal hardship without such advance payment.

(b) Average annual net earnings. The average of the net profit arising from the operation of the business concern (including a farm operation) on which income tax was paid as evidenced by the filed Federal or State income tax returns which represent the two calendar years of operation immediately preceding the acquisition.

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

(d) Condominium. For the purpose of this Part, a condominium or cooperative apartment shall be treated as a single family residence.

(e) 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, outbuildings and playhouses (when they contain storage of household or garden equipment, furniture and personal property). Portable structures such as playhouses, outbuildings, or swimming pools which were not considered as real property in the appraisal or negotiations of the claim will be considered as one room each. 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.

(f) Eligible person. 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.

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

(h) Incidental expenses. Those expenses incurred by an owner of any property acquired by the trustees, including any recording fees, transfer taxes or other similar necessary expenses that result from such acquisition, and also any penalty costs resulting from the pre-payment of a mortgage, which in the determination of the trustees was made in good faith and recorded prior to any material knowledge of the impending acquisition.

(i) Individual. A person who is not a member of a family as defined herein.

(j) Mobile home. For the purposes of this Part, a mobile home shall be defined as a residential unit utilized as a permanent dwelling place in the same manner as a conventionally constructed residence and of such size that it would not ordinarily be mobilized by being towed behind a standard passenger vehicle.

(k) Moving expenses. The cost of dismantling, disconnecting, crating, loading, insuring, temporary storage not in excess of one year, transporting for a distance of up to 50 miles, 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, and necessary, temporary lodging and transportation of eligible persons.

(l) 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.

(m) Substantial loss of patronage. A loss of business patronage sustained when the bulk of customers or users are located in nearby proximity to the business concern and it is not feasible that the business concern can be relocated within the area comprising the existing market.

(n) Supplemental relocation payment. That amount up to $5,000 determined by the trustees to be the difference between the fair market value of a residential dwelling under the market conditions existing at the time of the acquisition or immediately thereafter and the cost of a decent, safe and sanitary replacement dwelling of a comparable nature or, in the case of a rented residential unit, that amount up to $1,500 determined by the trustees to be the difference between the contract or economic rent of the appropriated property, whichever is lesser, and the amount necessary to enable the eligible person to rent or lease an adequate, decent, safe and sanitary replacement residential unit for two years or that amount up to $1,500 determined by the trustees to be the amount necessary to make a down payment on an adequate, decent, safe and sanitary residential dwelling pursuant to conventional- mortgage financing requirements.

(o) A decent, safe, and sanitary replacement dwelling. Replacement housing actually purchased by a displaced claimant that in the opinion of the trustees is adequate and habitable for residential purposes.

§ 303.3 General provisions.

Application for payment of moving expenses and for any incidental expenses and supplemental relocation payments shall be made to the trustees of the State University of New York acting by and through the office of university land acquisition, hereinafter referred to as "the trustees," upon forms prescribed by said office and shall be accompanied by such information and evidence as said office may require and payment of such will be made to eligible persons under the circumstances and to the extent set forth below.

(a) General provisions applicable to both residential and commercial relocations.

(b) General provisions applicable only to commercial moves.

(c) General provisions applicable only to residential moves. The relocation payment in the case of an individual or family occupying residential property shall be the amount of their actual reasonable and necessary moving expenses or a one room-count, lump-sum payment as well as any additional supplemental relocation payments, provided in sections 303.6, 303.3(a)(7), and 303.3(c)(6) of this Part.

(d) General provisions applicable only to mobile home moves.

§ 303.4 Fixed residential room-count allowance and fixed moving expenses for individuals and families including residents of furnished living units and mobile homes.

(a) When in lieu of proving actual reasonable and necessary moving expenses as provided in section 303.3(c), herein, an eligible individual or family elects to receive the $100 dislocation allowance plus a room-count reimbursement as set forth in section 303.3(c)(3), such payment will be determined on the basis of the following schedule in accordance with the number of counted rooms from which the family or individual moves. Such payment shall cover all items and incidentals of expense necessary to the vacating of the premises acquired or being acquired by the State except the reasonable cost of ambulance transportation for 50 miles, necessary because of illness, age or disability for which payment will be made based upon detailed receipts acceptable to the trustees.

Number of Counted Rooms

Amount

1--1 1/2

$50

2--2 1/2

75

3--3 1/2

100

4--4 1/2

125

5--5 1/2

150

6--6 1/2

175

7--7 1/2

200

8--8 1/2

225

9--9 1/2

250

10--10 1/2

275

11--11 1/2

300

12--12 1/2

325

13--13 1/2

350

14--14 1/2

375

15 or more

400

(b) Tenants in furnished rooms, furnished apartments and mobile homes, when the principal household furniture and equipment is owned by the operator of such a facility and when such tenant furnishes and uses in such facilities a nominal amount of his own household equipment, under such circumstances an individual or family, upon proper application and verification of the claim, will be paid $150 upon vacating the premises.

§ 303.5 Actual moving expenses for business concerns.

Payment for actual reasonable and necessary moving expenses for business concerns (including the operation of a farm) will be made based upon receipted bills from recognized movers after approval of bids submitted and inventories taken pursuant to section 303.3(b)(1) (a) of this Part. In the case of an owner or tenant performing the moving himself, payment would, in the discretion of the trustees, be based on the actual cost of hiring equipment and personnel at prevailing rates in the community for that type of equipment and personnel, or upon bids from two recognized movers and timely inventories which the trustees shall cause to be made. All books and records kept by the owner or tenant shall be subject to review and audit by a State representative during reasonable business hours, all of which shall be documented in forms agreeable to the trustees. Whenever moving is performed by a licensed mover operating under regulatory authority, the amount paid as reimbursement for actual moving expenses shall not be in excess of the tariffs filed by such mover with either the Interstate Commerce Commission or the State Public Service Commission, as the case may be.

§ 303.6 Supplemental relocation payments to residential owners and tenants.

(a) Supplemental relocation payments, as set forth herein, shall be based upon market studies and data obtained by the office of university land acquisition of available housing in the general area of the acquisition. In the event that the trustees determine that there are no comparable decent, safe and sanitary homes on the market in the general area of the appropriated property, the trustees may make supplemental relocation payments based upon the cost-to-cure (make decent, safe and sanitary) the acquired residential unit or upon whatever other basis they deem appropriate under the particular circumstances involved. In the discretion of the trustees, an advance payment may also be made to an eligible residential tenant or owner where a hardship situation is deemed to exist pursuant to section 303.3 (a)(8). The amount and manner of such payment is to be determined by the trustees according to the particular circumstances of each situation.

(b) A supplemental relocation payment of up to $5,000 as defined in this Part may be made to owners of residential property acquired by the trustees, subject to the following conditions:

(c) A supplemental relocation payment of up to $1,500 as defined in this Part shall be made to displaced owners or tenants of residential property subject to the following conditions: