New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter Q - Relocation Payments › Part 210 - Relocation Payments For Acquisition Of Real Property By The Commissioner Of Education › Section 210.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose 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 non-profit 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.
(j)
				  Hardship case. A situation determined by the commissioner to represent an
				  extenuating or unusual circumstance where serious financial, social or personal
				  hardship would be imposed upon an owner or tenant because of a delay in
				  receiving payment of moving expenses or supplemental housing
				  benefits.
(k) Standards for decent,
				  safe and sanitary housing. A decent, safe and sanitary dwelling is one which
				  meets the following minimum requirements:
(1)
				  Conforms with all applicable provisions for existing structures that have been
				  established under State or local building, plumbing, electrical, housing and
				  occupancy codes and similar ordinances or regulations applicable to the
				  property in question.
(2) Has a
				  continuing and adequate supply of potable safe water.
(3) Has a kitchen or an area set aside for
				  kitchen use which contains a sink in good working condition and connected to a
				  hot and cold water, and a sewage disposal system. Has a stove and refrigerator
				  in good operating condition when required by local codes, ordinances or custom.
				  When these facilities are not so required by local codes, ordinances or custom
				  the kitchen area or area set aside for such use shall have utility service
				  connections and adequate space for the installation of such
				  facilities.
(4) Has an adequate
				  heating system in good working order which will maintain a minimum temperature
				  of 70 degrees in the living area under local outdoor design temperature
				  conditions. A heating system will not be required in those geographical areas
				  where such is not normally included in new housing.
(5) Has a bathroom well lighted and
				  ventilated and affording privacy to a person within it, containing a lavatory
				  basin and bathtub or stall shower, properly connected to an adequate supply of
				  hot and cold running water, and a flush water closet, all in good working order
				  and properly connected to a sewage disposal system.
(6) Has provision for artificial lighting for
				  each room.
(7) Is structurally
				  sound, in good repair and adequately maintained.
(8) Has for each building used for dwelling
				  purposes two safe unobstructed means of egress leading to safe open space at
				  ground level. Each dwelling unit in a multi-dwelling building must have access
				  either directly or through a common corridor to two means of egress to open
				  space at ground level. In buildings of three stories or more, the common
				  corridor on each story must have at least two means of egress.
(9) Has 150 square feet of habitable floor
				  space for the first occupant in a standard living unit and at least 100 square
				  feet of habitable floor space for each additional occupant. The floor space is
				  to be subdivided into sufficient rooms to be adequate for the family. All rooms
				  must be adequately ventilated. Habitable floor space is defined as that space
				  used for sleeping, living, cooking or dining purposes, and excludes such
				  enclosed places as closets, pantries, bath or toilet rooms, service rooms,
				  connecting corridors, laundries, and unfinished attics, foyers, storage spaces,
				  cellars, utility rooms and similar spaces.
(10) The standards for decent, safe and
				  sanitary housing as applied to the rental of sleeping rooms shall include the
				  minimum requirements contained in paragraphs (1) through (9) of this
				  subdivision and the following:
(i) At least
				  100 square feet of habitable floor space for the first occupant and 50 square
				  feet of habitable floor space for each additional occupant.
(ii) Lavatory and toilet facilities that
				  provide privacy including a door that can be locked if such facilities are
				  separate from the room.
(11) A mobile home is to be considered to be
				  decent, safe and sanitary if it meets the standards set forth above except that
				  the space requirements are reduced to a minimum of 150 square feet of habitable
				  floor space for the first occupant and a minimum of 70 square feet of habitable
				  floor space for each additional occupant and that one means of egress is
				  acceptable.
(1) Taxing entity. Any Federal,
				  State, county or local government unit having the power to levy a tax which may
				  become a lien upon property.