New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter I - General › Part 490 - 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 Chief Of Staff › Section 490.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
					 mean:
(a) Eligible persons. 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 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 law 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 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 greenhouses 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, out buildings and
				  play houses (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.