New York Codes, Rules and Regulations › Title 1 - DEPARTMENT OF AGRICULTURE AND MARKETS › Chapter VIII - Administration › Part 361 - Payment Of Moving Expenses Of Occupants Of Appropriated Property › Section 361.1 - 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 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 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
				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".