New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter V - State University of New York › Subchapter A - Regulations of the Board of Trustees › Part 303 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Prope › Section 303.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
					 mean:
(a) Advance payment in a
				  hardship case. A payment determined by the Trustees to be the reasonable and
				  necessary moving expenses of an eligible person or the amount of the
				  supplemental relocation payment deemed necessary to purchase or rent decent,
				  safe and sanitary replacement housing and made prior to the actual relocation
				  where the trustees have determined that the affected owner or tenant would
				  suffer serious financial, social or personal hardship without such advance
				  payment.
(b) Average annual net
				  earnings. The average of the net profit arising from the operation of the
				  business concern (including a farm operation) on which income tax was paid as
				  evidenced by the filed Federal or State income tax returns which represent the
				  two calendar years of operation immediately preceding the
				  acquisition.
(c) Business concern.
				  A corporation, association, partnership, individual or other private entity,
				  engaged in a business or professional activity or nonprofit activity requiring
				  the use of fixtures, equipment, stock in trade, or other tangible personal
				  property for the carrying on of the business or profession or nonprofit
				  activity on the premises.
(d)
				  Condominium. For the purpose of this Part, a condominium or cooperative
				  apartment shall be treated as a single family residence.
(e) 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). Portable structures such as playhouses,
				  outbuildings, or swimming pools which were not considered as real property in
				  the appraisal or negotiations of the claim will be considered as one room each.
				  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.
(f) 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.
(g) Family.
				  Two or more persons who are living together in the same quarters.
(h) Incidental expenses. Those expenses
				  incurred by an owner of any property acquired by the trustees, including any
				  recording fees, transfer taxes or other similar necessary expenses that result
				  from such acquisition, and also any penalty costs resulting from the
				  pre-payment of a mortgage, which in the determination of the trustees was made
				  in good faith and recorded prior to any material knowledge of the impending
				  acquisition.
(i) Individual. A
				  person who is not a member of a family as defined herein.
(j) Mobile home. For the purposes of this
				  Part, a mobile home shall be defined as a residential unit utilized as a
				  permanent dwelling place in the same manner as a conventionally constructed
				  residence and of such size that it would not ordinarily be mobilized by being
				  towed behind a standard passenger vehicle.
(k) Moving expenses. The cost of dismantling,
				  disconnecting, crating, loading, insuring, temporary storage not in excess of
				  one year, transporting for a distance of up to 50 miles, 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, and necessary, temporary lodging and
				  transportation of eligible persons.
(1)
				  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.