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 303.3 - General provisions

Current through Register Vol. 46, No. 28, July 10, 2024
Application for payment of moving expenses and for any
					 incidental expenses and supplemental relocation payments shall be made to the
					 trustees of the State University of New York acting by and through the office
					 of university land acquisition, hereinafter referred to as "the trustees," upon
					 forms prescribed by said office and shall be accompanied by such information
					 and evidence as said office may require and payment of such will be made to
					 eligible persons under the circumstances and to the extent set forth
					 below.
(a)
General provisions
				  applicable to both residential and commercial relocations.
(1) When property appropriation maps have
				  been filed in the Department of State and the occupant of the property has been
				  notified of such pending acquisition by the State, the eligible persons are
				  authorized to proceed with the relocation.
(2) Moving expenses shall not include the
				  cost of moving any fixtures or equipment considered part of the realty from the
				  acquired property nor will reimbursement be made for any cost of construction
				  or improvement to the new location or for any remodeling, redecorating or
				  reinforcing of the new structure to accommodate the eligible person or his
				  personal property.
(3) In case of a
				  partial taking by the State, removal from the area being acquired to a
				  remainder area shall be considered a relocation eligible for the collection of
				  moving expenses if removal of personal property of an eligible person is
				  necessary.
(4) Moving expenses
				  shall not include any indirect losses or any losses due to
				  negligence.
(5) Where an eligible
				  individual or family occupies bona fide living quarters on the same premises as
				  a business concern (including the operation of a farm), they may be considered
				  as a separate eligible person in determining the amount of payment for
				  residential moving expenses.
(6)
				  After an eligible person has vacated the property, no moving expense payments
				  will thereafter be made to any party with respect to the subsequent occupancy
				  of the same property.
(7) In
				  addition to residential or commercial moving expenses, as herein provided, any
				  owner of any property acquired by the trustees shall be reimbursed for
				  incidental expenses as defined in this Part.
(8) In a case where advance payment of moving
				  expenses or supplemental relocation payments are requested on the basis of
				  hardship, the claimant must submit in advance a written application setting
				  forth the full extent and circumstances of the hardship. A written
				  determination will then be made by the trustees. If the trustees determine that
				  a hardship exists, an advance payment of reasonable, necessary moving expenses
				  or supplemental relocation payments will be made. The trustees may rely upon
				  bids from reputable movers when making an advance payment of moving expenses
				  and upon a signed contract for the purchase of a replacement property or a
				  signed lease or other acceptable firm commitment for a rental unit when
				  determining the good faith of an eligible person in making advance supplemental
				  relocation payments.
(9) If a
				  claimant is not satisfied with the trustees determination of his eligibility
				  for the moving expense or relocation payment claimed, he may request a
				  conference with the director of the office of land acquisition and submit
				  whatever evidence he wishes in support of his position. A written determination
				  of the final decision will then be directed to the claimant with a full
				  explanation of the basis of the determination.