N.Y. Comp. Codes R. & Regs. tit. 8 § 303.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 303.6 - Supplemental relocation payments to residential owners and tenants

(a) Supplemental relocation payments, as set forth herein, shall be based upon market studies and data obtained by the office of university land acquisition of available housing in the general area of the acquisition. In the event that the trustees determine that there are no comparable decent, safe and sanitary homes on the market in the general area of the appropriated property, the trustees may make supplemental relocation payments based upon the cost-to-cure (make decent, safe and sanitary) the acquired residential unit or upon whatever other basis they deem appropriate under the particular circumstances involved. In the discretion of the trustees, an advance payment may also be made to an eligible residential tenant or owner where a hardship situation is deemed to exist pursuant to section 303.3(a)(8). The amount and manner of such payment is to be determined by the trustees according to the particular circumstances of each situation.

(b) A supplemental relocation payment of up to $5,000 as defined in this Part may be made to owners of residential property acquired by the trustees, subject to the following conditions:

(1) The residence contained no more than three residential units.

(2) The residence was owned and occupied at least one year as the owner's permanent home or legal residence prior to the date of the first money offer made by the trustees to the owner, or the service on the owner of a written request to vacate, whichever is earlier.

(3) The owner must supply proof of his purchase and of his occupation of a decent, safe, sanitary replacement dwelling as defined herein within one year from the date he is formally requested to vacate by the trustees or 90 days after title has vested in the State of New York, whichever occurs later.

(4) If the residential dwelling and homesite are a part of a substantially larger parcel of the same property, the appraised value of said dwelling and necessary homesite shall be separated from the compensation for the total appropriated property in calculating the supplemental relocation payment.

(5) An owner eligible for the $5,000 supplemental relocation payment who elects to rent rather than purchase a replacement residence and receives a tenant-owner supplemental relocation payment of up to $1,500 and then elects to purchase a residence within the time limit provided herein may receive the owner-supplemental-relocation payment up to $5,000 less any prior supplemental relocation payment based on rental differential.

(c) A supplemental relocation payment of up to $1,500 as defined in this Part shall be made to displaced owners or tenants of residential property subject to the following conditions:

(1) The tenant or owner occupied the residential unit acquired by the trustees for at least 90 days prior to the first money offer made by the trustees to the owner or tenant of a written request of notice to vacate is served upon him, whichever occurs later.

(2) In those cases where an owner of a residence is eligible for and elects to receive the tenant-owner supplemental relocation payment of up to $1,500, as set forth herein, such payment shall be based on 12 percent of the compensation paid for the owner's appropriated property and the amount necessary to enable said owner to rent or lease an adequate, decent, safe and sanitary residential unit for two years.

(3) Payment will be made upon proof acceptable to the trustees of the owner-occupant's or tenant's relocation to a decent, safe and sanitary replacement dwelling as defined herein.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 303.6