N.Y. Comp. Codes R. & Regs. tit. 6 § 590.10

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

Section 590.10 - Supplemental relocation payments, loss of favorable mortgage financing, incidental expenses

In addition to other payments and benefits authorized by State law, individuals and families displaced from dwellings on real property acquired by the Department of Environmental Conservation, who were in occupancy on or after July 1, 1971 are entitled to supplemental relocation payments, payment for loss of favorable mortgage financing, and incidental expenses in accordance with the following criteria and eligibility standards.

(a) General requirements to receive replacement housing payments.

(1) In addition to the occupancy requirements as specifically enumerated herein, a displaced person is otherwise eligible for the appropriate payments when that person relocates and occupies a decent, safe and sanitary dwelling within one year, beginning on the latter of the following dates: the date on which that person receives final payment from the State for legal damages directly connected with the acquisition of his or her dwelling unit; or the date required to move from the dwelling acquired; or the date on which that person actually moves from the dwelling acquired, if in fact this latter date is earlier than the date required to move. The date required to move is here defined and elsewhere in this section as that date specified in writing by the State, by which the property must be vacated.

(2) Application for payments under this section shall be in writing on forms prescribed by the commissioner. The application must be filed no later than six months after the expiration of the one-year period specified immediately above, except that in cases litigated in the Court of Claims, the six-month period shall start from the date of final judgment of that court.

(3) If two or more eligible families occupy the same single family dwelling unit, each family is eligible for a replacement housing payment if they relocate to separate dwelling units.

(4) If two or more eligible individuals with no identifiable head of household occupy the same single family dwelling unit they are considered as one family for replacement housing payment purposes. When all individuals do not relocate to decent, safe and sanitary housing the department shall determine and pay those individuals who do relocate into decent, safe and sanitary housing a pro rata share of the amount that would have been received if all of the individuals had relocated together.

(b) Supplemental payments; owner-occupants over 180 days who repurchase.

(1) A displaced owner-occupant of a dwelling may receive additional payments, the combined total of which may not exceed $15,000, for the additional cost necessary to purchase replacement housing; to compensate the owner for the loss of favorable financing on his or her existing mortgage in the financing of replacement housing; and to reimburse the owner for incidental expenses incident to the purchase of replacement housing when such costs are incurred as specified herein.

(2) The owner-occupant is eligible for such payments when:

(i) that person is in occupancy at the initiation of negotiations for the acquisition of the real property, in whole or in part; or

(ii) that person is in occupany at the time he or she is given a written notice by the State that it is their intent to acquire the property by a given date; and

(iii) such occupancy has been for at least 180 consecutive days immediately prior to the date of vacation or initiation of negotiations whichever is earlier; and

(iv) that person purchases and occupies a decent, safe and sanitary dwelling within the time period specified in paragraph (1) of subdivision (a).

(3) The replacement housing payment is the amount, if any, which when added to the amount for which the State acquired his or her dwelling, equals the actual cost which the owner is required to pay for a decent, safe and sanitary dwelling, or the amount determined by the department as necessary to purchase a comparable dwelling, whichever is less. The State's determination of the amount necessary to purchase a comparable dwelling may be made on the basis of either of the two following methods:

(i) The State may establish a schedule of probable selling prices of comparable dwellings in the various types of dwellings being acquired. Such schedule may be prepared from an analysis of the current probable selling prices of dwellings available on the market.

(ii) The State may determine the probable selling price of a comparable dwelling by analyzing those selected comparable dwellings available for sale which are most nearly comparable to the property being acquired by the State.

All calculations or supplemental relocation payments are to be predicated on the basis of the probable selling price of the available comparable housing, not the asking prices.

(4) An owner-occupant desiring to retain his or her acquired dwelling may be paid a replacement housing payment according to the following computations:

(i) If the dwelling to be moved is decent, safe and sanitary, the payment shall be the amount by which the cost to relocate the dwelling exceeds the acquisition price of the dwelling. The costs to relocate may include the reasonable costs of acquiring the dwelling, acquiring a new site and other expenses incident to retaining, moving the dwelling and restoring it to a condition comparable to that before the move.

(ii) If the dwelling to be moved is not decent, safe and sanitary, the payment shall be computed as above except that the costs to cure the decent, safe and sanitary deficiencies shall be included in the costs to relocate.

(iii) The payments computed under subparagraph (i) or (ii) of this paragraph may not exceed the amount which the owner would have obtained had he or she purchased a replacement dwelling and his or her payment computed as per paragraph (3) of this subdivision.

(c) Owner-occupant over 180 days who rents replacement housing. An owner-occupant eligible for a replacement housing payment under subdivision (b) of this section who elects to rent a replacement dwelling is eligible for a rental replacement housing payment not to exceed $4,000. The payment shall be computed and disbursed according to the following criteria:

(1) The payment shall be determined by subtracting from the amount necessary to rent a comparable dwelling for the next four years, 48 times the economic rental of the dwelling unit occupied as computed by the State.

(2) In cases where the economic rental of the acquired dwelling exceeds 25 percent of the owner's gross monthly income, and he or she elects to relocate into public subsidized rental housing, the computation of benefits will be in accordance with paragraph (3) of this subdivision.

(3) The State may determine the rental rates of comparable housing by a schedule or an individual analysis of comparable available rentals.

(4) The payment under this section may not exceed the maximum amount the owner would have received had that person elected to repurchase a dwelling unit under the provisions of subdivision (b) of this section.

(d) Owner-occupant; less than 180 days but more than 90 days who purchases. A displaced owner-occupant otherwise eligible under subdivision (b) of this section except that he or she has owned and occupied the dwelling for less than 180 days but more than 90 days may receive an amount, not to exceed $4,000, to enable him or her to make a downpayment on the purchase of a replacement dwelling and reimbursement for actual expenses incident to such purchase; or for additional costs to relocate his retained dwelling in accordance with the following regulations:

(1) The amount of the downpayment shall be determined by the State as the amount required as a downpayment on a comparable dwelling if such purchase was financed with a conventional loan.

(2) The expenses incident to the purchase of replacement housing as described in subdivision (j) succeeding.

(3) Upon purchase and occupancy of a decent, safe and sanitary dwelling by the relocatee within the time limits specified in paragraph (a)(1) the relocatee may be reimbursed:

(i) the full amount of the downpayment determined in paragraph (1) of this subdivision and the eligible incidental expenses if such total amount does not exceed $2,000; or if more than $2,000,

(ii) $2,000, plus 50 percent of the amount in excess of $2,000 providing the relocatee contributes 50 percent of the amount in excess of $2,000.

(4) The full amount of the downpayment must be applied to the purchase price of the replacement property and any downpayment and incidental costs claimed must be shown in the closing statement. To process for payment, the State must be furnished a copy of the closing statement. If the owner elects to retain his or her dwelling, the replacement housing payment will be determined in accordance with paragraph (4) of subdivision (b), except that such payment shall not exceed $4,000. If the owner first elects to rent a replacement property, but later decides to apply for a downpayment on a purchase of a replacement property, any payments made under the rental provisions are to be deducted from the payments authorized under this paragraph.

(e) Owner-occupant; less than 180 days but more than 90 days; who rents. An owner-occupant otherwise eligible under subdivision (b) except that he has owned and occupied the dwelling for less than 180 days but more than 90 days, and elects to rent a replacement dwelling is eligible for a rental housing payment not to exceed $4,000. The specific payment will be determined in accordance with the provisions of paragraphs (1), (2) and (3) of subdivision (c).

(f) Tenant-occupant; over 90 days; renting replacement housing.

(1) A displaced tenant is eligible for a rental replacement housing payment, not to exceed $4,000 when:

(i) that person is in occupancy at the beginning of negotiations for the acquisition of the real property; or

(ii) that person is in occupancy at the time he or she is given a written notice by the State that it is their intent to acquire the property by a given date; and

(iii) such occupancy has been for at least 90 consecutive days immediately prior to the date of vacation or initiation of negotiations, whichever is earlier; and

(iv) that person rented and occupied a decent, safe and sanitary dwelling within the time period specified in paragraph (1) of subdivision (a);

(2) The payment, not to exceed $4,000, shall be determined by subtracting from the amount necessary to rent a comparable dwelling for the next four years the following amount:

(i) 48 times the average monthly rental paid by the relocated individual or family during the last three months; or

(ii) if such average monthly rental is not reasonably equal to market rentals for similar dwellings, the economic rent as established by the State shall be used.

(iii) The "rent being paid" shall include any rent supplements supplied by others except when, by law, such supplement is to be discontinued upon vacation of the property.

(3) When the average monthly rental being paid by the relocatee, not including supplemental rent by public agencies, exceeds 25 percent of the monthly gross income of such individual or family, the payment, not to exceed $4,000, shall be determined by subtracting 12 times the average monthly income of the relocatee from:

(i) 48 times the monthly rental determined by the State as necessary to rent a private comparable dwelling if the relocatee moves into private housing; or

(ii) if the relocatee moves into public subsidized housing, the lesser of:

(a) 48 times the monthly rental determined by the State as necessary to rent a private comparable dwelling; or

(b) 48 times the monthly rental the relocatee is required to pay if that person relocates in the subsidized housing.

(4) The State may determine the rental rates of comparable housing by a schedule or an individual analysis of comparable rentals.

(g) Tenant-occupant; over 90 days; downpayment for purchase. A tenant-occupant eligible for a rental replacement payment under subdivision (f) of this section who elects to purchase a replacement dwelling is eligible to receive an amount, not to exceed $4,000, to enable him or her to make a downpayment on the purchase of a replacement dwelling, including the incidental expenses incident to such purchase. The payment will be computed in accordance with the provisions of subdivision (d).

(h) Sleeping room tenant; over 90 days. A displaced tenant of a sleeping room who is eligible for a replacement housing payment under subdivision (f) may receive an amount, not to exceed $4,000, as a rental replacement housing payment or to enable him or her to make a downpayment on a replacement dwelling in accordance with the following regulations:

(1) For rental replacement housing the payment, not to exceed $4,000, shall be determined by subtracting from the amount necessary to rent a comparable sleeping room for the next four years the following amount:

(i) 48 times the average monthly rental paid by the displaced tenant during the last three months; or

(ii) if such average monthly rental is not reasonably equal to market rentals for similar sleeping rooms, the economic rent as established by the State.

(2) The State may determine the rental rates of comparable housing by a schedule or an individual analysis of comparable available rentals.

(3) The downpayment amount, including the expenses incident to purchase of the replacement dwelling are to be computed in accordance with the provisions of subdivision (d).

(i) Increased interest payments; owner-occupant over 180 days who purchases.

(1) An owner-occupant, otherwise eligible under subdivision (b), is entitled to a payment for the loss of favorable financing on his or her existing mortgage in the financing of replacement housing, providing such payment falls within the $15,000 limit established in subdivision (b) of this section, and further providing that the following conditions are met:

(i) the dwelling acquired was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the established eligibility date as specified in subdivision (b) of this section; and

(ii) the mortgage on the replacement dwelling bears a higher rate of interest than the mortgage interest rate on the acquired dwelling.

(2) The increased interest payment will be based on and limited to the lesser of the following amounts:

(i) the present worth of the right to receive the monthly difference in mortgage payments on the existing mortgage using the old and new interest rates; or

(ii) the present worth of the right to receive the monthly difference in mortgage payments on the new mortgage using the old and new interest rates.

(3) Payment computation. The amount of increased interest payment will be computed in accordance with the following procedures:

(i) The monthly principal and interest payment differences caused by the change in interest rates is computed for both the existing mortgage and new mortgage for their respective remaining terms and amounts. The old and new interest rates are used in each case.

(ii) The present worth of the monthly interest difference found in subparagraph (i) of this paragraph is computed for each mortgage by discounting the annual difference (the sum of the monthly difference for one year) at the savings deposit interest rate for the remaining term of each mortgage. The lesser of the amounts so derived is the increased interest payment.

(4)

(i) The interest rate on the mortgage for the replacement dwelling to be used in the computation shall be the actual rate but may not exceed the prevailing interest rate currently charged by mortgage lending institutions in the vicinity.

(ii) When the lending agency imposes debt service charges as an incident to the extension of credit, and such charges are normal to the market, the annual percentage rate shown in the truth in lending statement shall be used in lieu of the mortgage interest rate in computing the monthly principal and interest payments.

(5) Discount rate. The discount rate shall be the prevailing rate of interest paid on passbook savings account deposits by commercial banks in the general area in which the replacement dwelling is located.

(6) To whom payment made. The payment described in this paragraph may be made directly to the relocated individual or family, or upon written instruction from the relocated individual or family, directly to the mortgagee of the replacement dwelling.

(7)

(i) Where the dwelling is located on a tract normal for residential use in the area, the interest payment shall be reduced to the percentage ratio that the acquisition price bears to the before value; except, the reduction shall not apply when the mortgagee requires the entire mortgage balance to be paid because of the acquisition and it is necessary to refinance.

(ii) Where a dwelling is located on a tract larger than normal for residential use in the area, the interest payment shall be reduced to the percentage ratio that the value of the residential portion bears to the before value. This reduction shall apply whether or not it is required that the entire mortgage balance be paid.

(8) Multi-use properties. The interest payment on multi-use properties shall be reduced to the percentage ratio that the residential value of the multi-use property bears to the before value.

(9) Other highest and best use. If a dwelling is located on a tract where the fair market value is established on a higher and better than residential use, and if the mortgage is based on residential value, the interest payment shall be computed as provided above. If the mortgage is obviously based on the higher use, however, the interest payment shall be reduced to the percentage ratio that the estimated residential value of the parcel bears to the before value.

(j) Incidental expenses.

(1) An otherwise eligible owner-occupant or tenant-occupant who purchases a replacement dwelling, is entitled to a payment for the incidental expenses incident to the purchase of the replacement dwelling, providing such payment falls within the $15,000 and $4,000 limits as otherwise established in this section. The following expenses, insofar as they do not constitute prepaid expenses, are eligible for reimbursement on an actual cost basis:

(i) Legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings or plats, and charges paid incident to recordation;

(ii) Lenders, FHA or VA appraisal fees;

(iii) FHA or VA application fee;

(iv) Certification of structural soundness;

(v) Credit report;

(vi) Owner's title policy or abstract of title;

(vii) Escrow agent's fee;

(viii) State revenue stamps;

(ix) Sales or transfer taxes.

(2) No fee, cost, charge or expense is reimbursable as an incidental expense which is part of the debt service, or finance, charge under the Federal Truth in Lending Act.

(3) Reimbursement for these eligible incidental expenses shall be contingent upon showing the actual expense and shall be accompanied by a copy of the closing statement for the replacement dwelling.

(k) Mobile homes; replacement housing payments; general provisions.

(1) A mobile home is considered to be decent, safe and sanitary if it meets the defined standards in this Part.

(2) Where the department determines that a sufficient portion of a mobile home park is taken to justify the operator of such park to move his or her business or go out of business and the operator does in fact move or go out of business, the owners and occupants of the mobile home dwellings not within the actual taking but who are forced to move are eligible to receive the same payments as though their dwellings were within the actual taking.

(3) When a comparable mobile home dwelling is not available, the supplemental relocation payment is to be calculated on the basis of the next higher type dwelling that is available and meets the applicable requirements and standards, i.e., a higher type mobile home or a conventional dwelling.

(l) Mobile homes; owner-occupants over 180 days. A displaced owner of a mobile home who has occupied, for at least 180 days, the mobile home on the site from which he or she is being displaced and is otherwise eligible under the provisions of paragraph (2) of subdivision (b), is eligible for payments, the total of which may not exceed $15,000, for the additional costs necessary to purchase replacement housing under the following circumstances:

(1) When owner-occupant owns both mobile home and site, the replacement housing payment will be the amount, if any, when added to the amount for which the State acquired his or her mobile home and site equals the lesser of:

(i) the amount the owner is required to pay for a decent, safe and sanitary conventional dwelling or a decent, safe and sanitary replacement mobile home and site; or

(ii) the amount determined by the State as necessary to purchase a comparable mobile home and site.

If the owner-occupant decides to rent, the rental replacement payment shall be the difference between the State's determination of the amount necessary to rent a comparable mobile home and site for a period of four years and 48 times the economic rent of the existing mobile home and site. The calculated rental replacement payment may not exceed the amount determined by the State in subparagraphs (i) and (ii) of this paragraph, or $4,000, whichever is lesser.

(2) Owner-occupant; acquisition of site only. Upon acquisition of the site, but not the home situated upon the site and the mobile home is required to be moved, the replacement housing payment will be determined as follows: the amount, if any, when added to the amount for which the State acquired his or her mobile homesite equals the lesser of:

(i) the amount the owner is required to pay for a comparable homesite, or

(ii) the amount determined by the State as necessary to purchase a comparable mobile homesite.

If the owner elects to rent, the rental replacement payment shall be the difference in the amount determined by the State as necessary to rent a comparable mobile homesite for a period of four years and 48 times the economic rent of the site acquired. The calculated rental replacement payment may not exceed the amount determined by the State in subparagraph (ii) of paragraph (2) of this subdivision, or $4,000 whichever is lesser.

(3) When owner-occupant owns mobile home; rents site. The replacement housing payment will be the amount, if any, when added to the amount for which the State acquired his or her mobile home equals the lesser of:

(i) the amount the owner is required to pay for a replacement dwelling; or

(ii) the amount determined by the State as necessary to purchase a comparable mobile home, plus the difference in the amount determined by the State as necessary to rent a comparable mobile homesite for a period of four years and 48 times the rent being paid on the site acquired. If the owner elects to rent a replacement mobile home, the rental replacement housing payment, not to exceed $4,000, shall be the difference in the amount determined by the State as necessary to rent a comparable mobile home and site for four years and 48 times the economic rent of the mobile home plus the actual rent of the site acquired.

(4) In addition to the replacement housing payments specified above, the owner-occupant is entitled to a payment to compensate him or her for the loss of favorable financing on his or her existing mortgage in the financing of replacement housing and payment for incidental expenses incident to the purchase of replacement housing. These payments will be calculated and paid in accordance with subdivisions (i) and (j) of this section.

(m) Mobile homes; owner-occupants less than 180 days, but more than 90 days. A displaced owner of a mobile home who has occupied, for less than 180 days but more than 90 days, the mobile home on the site from which he or she is displaced and who is otherwise eligible under the provisions of paragraph (2) of subdivision (b), is eligible for an amount, not to exceed $4,000, to enable him or her to make a downpayment on the purchase of replacement housing and to reimburse him or her for the actual expenses incident thereto in accordance with the following provisions:

(1) Owner-occupant owning both mobile home and site. If the owner purchases a replacement dwelling, the replacement housing payment will be determined in accordance with the heretofore defined provisions relating to downpayment calculations, except that the amount of the downpayment shall be determined by the State as the amount required on the purchase of a comparable mobile home and site. If the owner-occupant elects to rent, the rental replacement payment, not to exceed $4,000, shall be the difference in the amount determined by the State as necessary to rent a comparable mobile home and site for a period of four years and 48 times the economic rental of the mobile home and site.

(2) Owner-occupant; acquisition of site only. If the owner purchases conventional housing or a site to which the mobile home is moved, the replacement housing payment will be in an amount determined in accordance with the provisions relating to downpayment calculations except that the amount of the downpayment shall be determined by the State as the amount required as a downpayment on the purchase of a comparable site. If the owner-occupant elects to rent, the rental replacement payment, not to exceed $4,000, shall be the difference in the amount determined by the State as necessary to rent a comparable site for four years and 48 times the economic rent of the site acquired.

(3) Owner-occupant owns mobile home; rents site. If the owner purchases replacement housing, the replacement housing payment, not to exceed $4,000, will be:

(i) an amount determined in accordance with the provisions relating to downpayment calculations, except that the amount of the downpayment shall be determined by the State as the amount required as a downpayment on the purchase of a comparable mobile home; plus

(ii) the difference in the amount determined by the State as necessary to rent a compaarble mobile homesite for four years and 48 times the rent being paid on the site acquired.

If the owner elects to rent, the rental replacement payment shall be the difference in the amount determined by the State as necessary to rent a comparable mobile home and site for four years and 48 times the economic rent of the mobile home and the actual rent of the site acquired.

(n) Mobile homes; tenants over 90 days. A displaced tenant of a mobile home who has occupied for at least 90 days the mobile home on the site from which he or she has been displaced and is otherwise eligible under the provisions of paragraph (f)(1) of this section, is eligible for a replacement housing payment, not to exceed $4,000.

(1) to enable him or her to make a downpayment on the purchase of a replacement dwelling and to reimburse him or her for the expenses incident to such purchase; or

(2) if he or she elects to rent, payment shall be the difference in the amount determined by the State as necessary to rent a comparable mobile home and site for four years and 48 times the actual rent being paid for the mobile home and site acquired.

(o) Supplemental replacement housing payments; miscellaneous provisions.

(1) Inspection of replacement dwelling. In order to be eligible for and receive any supplemental relocation payments, the State must inspect the replacement dwelling and determine that it meets the decent, safe and sanitary standards as defined in section 590.2 of this Part. In any application for payment, the individual or family must indicate that, to the best of their knowledge and belief, the replacement dwelling meets the defined standards for decent, safe and sanitary housing.

(2) Advanced replacement housing payments in litigated cases. An advance replacement housing payment can be authorized and paid to a property owner if the determination of the State's acquisition price will be delayed pending the outcome of a trial in the Court of Claims. A provisional replacement housing payment may be calculated by deeming the State's maximum offer for the property as the acquisition price. Payment of such amount may be made upon the owner-occupant's agreement that:

(i) Upon final judgment of the Court of Claims the replacement housing payment will be recomputed using the acquisition price determined by the court as compared to the actual price paid or the amount determined by the State necessary to acquire a comparable decent, safe and sanitary dwelling; and

(ii) If the amount awarded by the court as the fair market value of the property acquired plus the amount of the recomputed replacement housing payment exceeds the price paid for, or the State's determined cost of a comparable dwelling, the owner will refund to the State from the judgment amount, an amount equal to the excess. In no event, however, shall that person be required to refund more than the amount of the replacement housing payment advanced; and

(iii) If the property owner does not agree to such adjustment, the replacement housing payment shall be deferred until the case is finally adjudicated and computed on the basis of the final determination, using the award as the acquisition price.

(3) Ownership of replacement dwelling prior to displacement. Any person who has obtained legal ownership of a replacement dwelling any time after the initiation of negotiations on the project and occupies the replacement dwelling after being displaced but within the time limit specified in paragraph (a)(1) of this section, is eligible for a replacement housing payment if the replacement dwelling meets decent, safe and sanitary standards.

(4) Partial taking situations.

(i) Where a dwelling is located on a tract normal for residential use in the area, the maximum replacement housing payment shall be determined by subtracting the "before value" of the property from the estimated selling price of a comparable dwelling on a lot typical for the area.

(ii) Where a dwelling is located on a tract larger than normal for residential use in the area, the maximum replacement housing payment shall be determined by estimating the value of the dwelling at the present location on a homesite typical in size for the area and deducting this amount from the selling price of a comparable dwelling on a site typical for the area.

(5) Dwelling on land with higher and better use. Where a dwelling is located on a tract where the fair market value is established on a higher and better than residential use, the maximum replacement housing payment shall be determined by estimating the value of the dwelling at the present location on a homesite typical for the area and zoned for residential use and deducting this amount from the selling price of a comparable dwelling on a typical residential homesite for the area.

(6) Joint residential and business use. Where displaced individuals or families occupy living quarters on the same premises as a displaced business, farm or nonprofit organization, such individuals or families are separate displaced persons for purposes of determining entitlement to relocation payments.

(7) Payments on assignments. Payments described herein may be made, upon written instructions and assignment from the displaced person, directly to a lessor for rent or to a seller for application on a payment for a decent, safe and sanitary dwelling.

(8) Owner-occupant; prohibitions on double payments. If an owner-occupant eligible for the maximum $15,000 payment elects initially not to repurchase a replacement dwelling, but rather to claim benefits on the four year rent differential basis, he or she cannot receive double payment in excess of $15,000 if he or she later decides (within the allowable period) to purchase a replacement house. The amount of any payment made on the rent differential basis is to be deducted from the calculated differential necessary to purchase a replacement dwelling.

(9) All rental replacement housing payments in excess of $500 will be made in four equal installments on an annual basis, except that prior to receiving such installment payment the tenant must certify to the State that he or she is occupying decent, safe and sanitary housing.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 590.10