New York Codes, Rules and Regulations › Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION › Chapter VII - Real Property Acquisition › Part 400 - 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 Commissioner Of Correctional Services For Supplemental Relocation Payments, For Loss Of Favorable Mortgage Financing And For Closing Costs › Section 400.5 - Commercial moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
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.
(a) The eligible person shall notify the
				department eight weeks prior to the starting date of the move of his definite
				intentions regarding the manner and method of moving. At the option of the
				department, personnel of the department may conduct an inventory of personal
				property and merchandise to be moved, including a description of each phase of
				the work to be performed and an explanation of any unusual or peculiar
				circumstances that will be pertinent to arriving at a comprehensive cost of
				moving figure. The address of the appropriated property, address the eligible
				person is moving to and the approximate distance between is to be included
				therein. This inventory is to be signed by the eligible person and is to be
				supplied to all estimators and bidders for each phase of the work and they are
				to base their estimates and bids on removal of the items listed therein. The
				occupant may at his own expense, obtain competitive bids on the costs of moving
				and may submit a competitive self-move bid on all or a portion of the
				removal.
(b) Actual costs must be
				documented upon receipted, detailed bills from recognized movers, skilled
				craftsmen and are not to exceed the total of the lowest acceptable bids or
				estimates obtained on each phase of the move.
(c) Estimates and bids on each phase of the
				move shall be obtained by the department from generally recognized, qualified
				movers and skilled craftsmen. Upon receipt and review of all estimates and
				bids, the department will determine the lowest acceptable bid. This bid will be
				sent to the eligible person advising him to commence moving and setting forth
				the limits of reimbursement and the time and manner in which payment will be
				made. After the removal has been accomplished actual costs must be documented
				by detailed, receipted bills from recognized movers, skilled craftsmen and are
				not to exceed the approved amount based on a total of the lowest acceptable
				bids or estimates obtained on each phase of the move. All bids from movers and
				craftsmen must be submitted in accordance with section
				400.6 
				of this Part.
(d) In the case of a
				self move the eligible person may at the option of the department be paid an
				amount to be negotiated by the State not to exceed the lower of two firm bids
				or estimates obtained by the department from qualified moving firms. In the
				case of a self move performed by the eligible person, his family and others not
				normally in the moving business, the move must be in compliance with all
				applicable State and Federal laws. All charges must be detailed in the form of
				a summary affidavit.
(e) When
				personal property which is used in connection with the business to be moved is
				of low value and high bulk and the estimated cost of moving would be
				disproportionate in relation to the value, the State may negotiate with the
				owner for an amount not to exceed the difference between the cost of
				replacement of comparable item(s) on the market and the amount which would
				probably have been received for the item(s) on liquidation, but such amount may
				not exceed the reasonable costs of moving these items.
(f) All books and records kept by eligible
				persons shall be subject to review and audit by a State representative during
				reasonable business hours.
(g)
				Payment of moving expenses is based upon the preapproval of estimates and bids
				submitted to the department before commencing the move. If, due to
				extraordinary circumstances a move is completed without submitting necessary
				bids, the commissioner may, upon receipt of sufficient written justification
				for failure to submit estimates, pay reasonable and necessary actual expenses
				upon verification and support for the expenses incurred.