New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter I - Acquisition Of Real Property For Department Purposes › Part 700 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Department › Section 700.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
			 mean:
(a) Eligible person. Any
		    individual, family, business concern (including the operation of a farm), and
		    nonprofit organization to be displaced by acquisition and use of the property
		    by the State who were occupants prior to the date of State taking possession of
		    such property.
(b) Relocation
		    payment. Any payment made to eligible persons for their moving expenses for
		    moving personal property, exclusive of trade fixtures, caused by their
		    displacement from real property acquired by the State pursuant to the
		    above-mentioned laws and for which reimbursement or compensation is not made as
		    part of the compensation for the real property under an agreement of adjustment
		    or a court award.
(c) Individual. A
		    person who is not a member of a family as hereinafter defined (considered as a
		    "family" for the purposes of this Part).
(d) Family. Two or more persons who are
		    living together in the same quarters.
(e) Business concern. A corporation,
		    association, partnership, individual or other private entity, engaged in a
		    business or professional activity requiring the use of fixtures, equipment,
		    stock in trade, or other tangible personal property for the carrying on of the
		    business or profession on the premises.
(f) Nonprofit organization. A corporation,
		    partnership, individual or other private entity, engaged in a business,
		    professional or institutional activity on a nonprofit basis requiring the use
		    of fixtures, equipment, stock in trade, or other tangible personal property for
		    the carrying on of the business, profession or institution on the
		    premises.
(g) 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
		    green-houses or other similar structures used primarily for raising
		    agricultural or horticultural commodities.
(h) Moving expenses. Cost of dismantling,
		    disconnecting, crating, loading, insuring, temporary storage not in excess of
		    six months, transporting, unloading, 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.
(i) 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). 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".