2023 New York Laws › GMU - General Municipal › Article 5 - Powers, Limitations and Liabilities › 74-B - Payment of Moving and Relocation Expenses of Residential and Commercial Owners and Tenants of Appropriated Property.

§  74-b.  Payment of moving and relocation expenses of residential and
commercial owners and tenants of appropriated  property.  1.  The  chief
fiscal  officer  of  every municipal corporation shall establish and may
amend rules and regulations authorizing the payment  of  reasonable  and
necessary   moving   expenses  of  occupants  of  property  acquired  by
condemnation or agreement, such payments  not  to  exceed  one  thousand
dollars  in  the  case of an owner or tenant of residential property and
twenty-five thousand dollars in the  case  of  an  owner  or  tenant  of
commercial  property.  Such rules and regulations may further define the
terms used in this section. Application for such payment shall  be  made
to  the  chief  fiscal  officer of such municipal corporation upon forms
prescribed by him and shall  be  accompanied  by  such  information  and
evidence  as  he  may  require.   Upon approval of such application, the
chief fiscal officer of such municipal corporation shall deliver a  copy
thereof  to  the treasurer of the municipal corporation or other officer
of  such  municipal  corporation  exercising   corresponding   functions
together  with  a certificate stating the amount due thereunder, and the
amount so fixed shall be paid out of the municipal corporation  treasury
after  audit  by  the  comptroller of the municipal corporation or other
officer of the municipal corporation exercising corresponding  functions
from  moneys  appropriated for the acquisition of such property. As used
in this section "commercial property" shall include property owned by an
individual, family, business concern (including the operation of a farm)
and a nonprofit organization.
The provisions of this subdivision shall not apply to a city having  a
population of one million or more.
2.  In  addition  to  the  authorization  of  subdivision  one of this
section, the governing body of any municipal corporation may  adopt  and
amend  rules  and  regulations  authorizing  the  payment  of relocation
assistance allowances, related and other necessary expenses as described
in the uniform relocation assistance  act  to  owners  or  occupants  of
property  or  any  interest  therein  acquired or to be acquired by such
municipal corporation by condemnation, agreement or  otherwise  and  for
which  federal  funds shall be used toward the cost of such acquisition.
Such rules and regulations may further define the  terms  used  in  this
subdivision. In acquiring real property for which federal funds shall be
used,  the  municipal  corporation is hereby authorized to do such other
and further acts not hereby specifically provided as may be necessary to
comply with such uniform relocation assistance act. Application for such
payment shall be made to  the  officer  of  such  municipal  corporation
designated by the governing body, upon forms prescribed by him and shall
be  accompanied by such information and assistance as may be required to
substantiate entitlement thereto. Payment shall be made as  provided  in
such  rules and regulations from moneys appropriated for the acquisition
of such real property or interest therein.
3. As used in  this  section,  the  following  terms  shall  have  the
following meanings:
(a)  "Municipal  corporation".  A  county, city, town, village, school
district, fire district, district corporation and public authority.
(b)  "Uniform  relocation  assistance  act."  The  uniform  relocation
assistance  and  real  property  acquisition  policies  act  of nineteen
hundred seventy, being public law 91-646, as enacted by the ninety-first
Congress of the  United  States  and  any  federal  laws  amendatory  or
supplemental thereto.
(c)  "Governing  body."  In a city, the legislative body as defined in
subdivision seven of section two of the municipal home rule law,  unless
another  provision  of  law or the city charter vests another officer or
agency thereof with the power to fix and promulgate, with  the  approval

of  the mayor, schedules of relocation payments in which case, governing
body shall mean such other officer or agency.