8 CRR-NY 303.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
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 PROPERTY ACQUIRED BY THE STATE UNIVERSITY OF NEW YORK
8 CRR-NY 303.2
8 CRR-NY 303.2
303.2 Definitions.
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.
(m) Substantial loss of patronage.
A loss of business patronage sustained when the bulk of customers or users are located in nearby proximity to the business concern and it is not feasible that the business concern can be relocated within the area comprising the existing market.
(n) Supplemental relocation payment.
That amount up to $5,000 determined by the trustees to be the difference between the fair market value of a residential dwelling under the market conditions existing at the time of the acquisition or immediately thereafter and the cost of a decent, safe and sanitary replacement dwelling of a comparable nature or, in the case of a rented residential unit, that amount up to $1,500 determined by the trustees to be the difference between the contract or economic rent of the appropriated property, whichever is lesser, and the amount necessary to enable the eligible person to rent or lease an adequate, decent, safe and sanitary replacement residential unit for two years or that amount up to $1,500 determined by the trustees to be the amount necessary to make a downpayment on an adequate, decent, safe and sanitary residential dwelling pursuant to conventional-mortgage financing requirements.
(o) A decent, safe, and sanitary replacement dwelling.
Replacement housing actually purchased by a displaced claimant that in the opinion of the trustees is adequate and habitable for residential purposes.
8 CRR-NY 303.2
Current through July 31, 2021
End of Document