N.Y. Comp. Codes R. & Regs. tit. 1 § 361.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 361.3 - Provisions applicable to both residential and commercial moves

(a) When there has been an approval of a property acquisition program and property appropriation maps have been filed in the Department of State and 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.

(b) 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.

(c) 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.

(d) Moving expenses shall not include any indirect losses or losses due to negligence.

(e) 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.

(f) 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.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 361.3