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 400.10 - Supplemental relocation payments, loss of favorable mortgage financing, incidental expenses

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other payments and benefits authorized by
				  State law, individuals and families displaced from dwellings on real property
				  acquired by the Department of Correctional Services, who were in occupancy on
				  or after July 1, 1971 are entitled to supplemental relocation payments, payment
				  for loss of favorable mortgage financing, and incidental expenses, in
				  accordance with the following criteria and eligibility standards.
(a) General requirements to receive
				replacement housing payments.
(1) In addition
				to the occupancy requirements as specifically enumerated herein, a displaced
				person is otherwise eligible for the appropriate payments when he relocates and
				occupies a decent, safe and sanitary dwelling within one year, beginning on the
				latter of the following dates: the date on which the owner receives final
				payment from the State for legal damages directly connected with the
				acquisition of the dwelling unit in negotiated settlements; or in the event an
				amicable settlement is not reached, the date on which the full amount of the
				offered fair market value is made available to the owner; or the date required
				to move from the dwelling acquired, or the date on which the eligible occupant
				actually moves from the dwelling acquired; if in fact this latter date is
				earlier than the date required to move. The date required to move is here
				defined and elsewhere in this section as that date specified in writing by the
				State, by which the property must be vacated.
(2) Application for payments under this
				section shall be in writing on forms prescribed by the commissioner. The
				application must be filed no later than six months after the expiration of the
				one-year period specified in paragraph (1) of this subdivision, except that in
				cases litigated in the Court of Claims, the six month period shall start from
				the date of final judgment of that court.
(3) If two or more eligible families occupy
				the same family dwelling unit, each family is eligible for a replacement
				housing payment if they relocate to separate dwelling units.
(4) If two or more eligible individuals with
				no identifiable head of household occupy the same single family dwelling unit
				they are considered as one "family" for replacement housing payment purposes.
				When all individuals do not relocate to decent, safe and sanitary housing the
				department shall determine and pay those individuals who do not relocate into
				decent, safe and sanitary housing a pro-rata share of the amount that would
				have been received if all of the individuals had relocated together in the same
				ownership or rental status they had at the time of initiation of
				negotiations.