Part 99 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Department Of Health

Effective Date: 
Thursday, December 10, 1964
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 401(12-b)

Section 99.1 - Purpose

Section 99.1 Purpose.

The law stated above provides that the Commissioner of Health, with the approval of the Director of the Budget, shall establish and may amend rules and regulations authorizing the payment of reasonable and necessary moving expenses of occupants of property acquired pursuant to such law and may provide for a schedule of payments in fixed amounts, in lieu of payments of reasonable and necessary actual moving expenses. The following rules and regulations shall apply to making relocation payments to eligible persons for their moving expenses caused by their displacement from real property acquired pursuant to such law.
 

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Section 99.2 - Definitions

99.2 Definitions. 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 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 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, outbuildings and playhouses (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.
 

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Section 99.3 - General provisions

99.3 General provisions. Application for payment of moving expenses shall be made to the State Commissioner of Health upon forms prescribed by him and shall be accompanied by such information and evidence as he 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 moves.

(1) When there has been an approval of a property acquisition program and 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 or an agreement of purchase has been executed by the property owner and delivered to the State, the eligible persons are authorized to proceed with the relocation.

(2) Moving expenses shall not include any cost of construction or improvement at the new location to replace property for which compensation was made in the acquisition of right-of-way.

(3) In case of a partial taking of right-of-way 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 losses due to negligence.

(5) Where an eligible individual or family occupy bona fide living quarters on the same premises as a business concern (including the operation of a farm) or a nonprofit organization they may be considered as a separate eligible person in determining the amount of payment for residential moving costs.

(6) After an eligible person has vacated the property, no moving expense payments will thereafter be eligible to any party with respect to the subsequent occupancy of the same property.

(b) General provisions applicable only to commercial moves. (1) The relocation payments in which the State funds may participate may not exceed $3,000 in the case of an owner or tenant of commercial property which shall include property owned or occupied by an individual, family, business concern (including the operation of a farm), and nonprofit organization. In the case of a business organization, if the distance, measured by a straight line, from the point from which such business or organization was displaced to the point of relocation, exceeds 50 miles, the amount which State funds will compensate shall not exceed the cost of moving 50 miles or the cost of moving beyond the New York State boundary line if such boundary is within 50 miles.

(2) In the case of moving a business concern, nonprofit organization or the operation of a farm, any necessary storage during the adjustment of improvements, but not in excess of six months, may be considered as part of the moving costs.

(c) General provisions applicable only to residential moves. The relocation payments in which the State funds may participate may not exceed $300 in the case of an individual or family occupying residential property and shall be made in accordance with the schedule of payments in fixed amounts as set forth herein, in lieu of payments of reasonable and necessary actual expenses.

(2) Providing a building or structure acquired by acquisition is returned to the owner under an agreement of adjustment as a part of the consideration in the claim, the owner will not be entitled to collect moving expenses unless all or a very substantial amount of his personal effects, furniture, and household equipment are removed from the structure before the building itself is moved, in which case the number of rooms from which the furniture and household equipment are removed will be counted in accordance with the schedule of fixed moving expenses outlined below.

(3) Providing an agreement of adjustment is made with the owner of a trailer or mobile home which has been acquired by the State as real property and the trailer or mobile home is returned to the owner under an agreement of adjustment as part of the consideration in the claim, no allowance will be made to the owner upon the removal of the entire trailer or mobile home from the premises unless it is necessary to remove all of his personal effects, household equipment and furniture from the trailer or mobile home before it is moved.

(4) Where more than one eligible individual or family occupy the same premises and move to new locations, each eligible individual or family may qualify for relocation; however, their joint claim for moving expenses shall not exceed the fixed moving expenses for the total number of rooms occupied jointly by such persons.
 

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Section 99.4 - Fixed moving expenses for residential individuals and families

99.4 Fixed moving expenses for residential individuals and families.

(a) A flat fixed sum will be allowed for moving expenses (provided application therefor is made within six months of completion of move), based upon the terms and conditions of this Part, to eligible persons which shall cover all items and incidentals necessary to the vacating of the premises acquired or being acquired by the State, according to the following number of counted rooms from which the individual or family moves:
Number of counted rooms Amount
1..........................$45
1-1/2.......................54
2...........................63
2-1/2.......................72
3...........................81
3-1/2.......................88
4...........................95
4-1/2......................102
5..........................108
5-1/2......................115
6..........................122
6-1/2......................129
7..........................135
7-1/2......................142
8..........................149
8-1/2......................156
9..........................162
9-1/2......................169
10.........................176
10-1/2.....................183
11.........................189
11-1/2.....................196
12.........................203
12-1/2.....................210
13.........................216
13-1/2.....................223
14.........................230
14-1/2.....................237
15.........................243
15-1/2.....................250
16.........................257
16-1/2.....................264
17.........................270
17-1/2.....................277
18.........................284
18-1/2.....................291
19.........................297
19-1/2 and over............300

(b) Tenants in furnished rooms, furnished apartments, and housetrailers where the principal household furniture and equipment is owned by the operator of such a facility and when such tenant furnishes and uses in such facilities a nominal amount of his own household equipment; under such circumstances an individual upon proper application and verification of the claim will be paid $10 upon vacating the premises and two or more persons occupying such facilities as a family and who own and use a nominal amount of their own furniture and household equipment will be paid $20 upon vacating the facility.

(c) When a trailer is owner occupied and it is affixed to the ground and determined to be real property and compensated for in the acquisition as such, the owner will be allowed the fixed sum of $50 for vacating and removing all of his personal effects that are not considered part of the realty.

(d) In the case of a typical trailer park, where a trailer is attached to the local water and electric supply and the trailer owner occupies space on a weekly, monthly or term lease rental basis, such a trailer owner when ordered to remove to clear the site of the project will be eligible to collect the flat sum of $50 to move his entire trailer, equipment and appurtenances from the premises.

 

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Section 99.5 - Actual moving expenses for business concerns

99.5 Actual moving expenses for business concerns.

Moving expenses for business concerns, nonprofit organizations and operation of a farm will be allowed on the basis of actual costs as evidenced by receipted bills from recognized movers or in the case of an owner or tenant performing the moving himself, on the basis of the cost of hiring equipment and personnel at prevailing rates in the community for that type of equipment and personnel. All books and records kept by the owner or tenant shall be subject to review and audit by a State representative during reasonable business hours all of which shall be documented in form satisfactory to the Commissioner of Health. Such moving costs shall not include the moving of any fixtures or equipment that were considered as part of the realty in the acquisition of the premises and likewise such costs shall not include any charges at the new location for electric wiring, or plumbing nor for the remodeling, redecorating or reinforcing of the new structure to accommodate the equipment or stock of the individual business concern, nonprofit organization or in the operation of a farm. Whenever moving is performed by a licensed mover operating under regulatory authority, the amount paid as reimbursement for actual moving expenses shall not be in excess of the tariffs filed by such mover with either the Interstate Commerce Commission or the State Public Service Commission as the case may be.
 

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