N.Y. Comp. Codes R. & Regs. tit. 9 § 463.8

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

Section 463.8 - Actual, reasonable and necessary searching fees

(a) In the case of a business, farm operation or nonprofit organization, the eligible person or his qualified representative may be reimbursed for the actual, reasonable and necessary expenses in searching for a replacement site not to exceed $500. The owner of a displaced advertising sign, eligible under section 463.3 of this Part, may be reimbursed his actual, reasonable expenses in searching for a replacement sign site not to exceed $100. Reimbursement will be limited to the above amounts unless in exceptional cases the commissioner deems otherwise.

(b) The expenses in searching for a replacement site may include transportation expenses, meals and lodging away from home and the reasonable value of time actually spent in searching for a replacement site, including the actual, reasonable fees of realtors or real estate brokers in such searching but not including any commission for the sale of a property.

(c) The application for reimbursement shall take the form of a summary affidavit which is to include the name and address of the eligible person, a detailed summary of the work performed, dates and hours worked and wage rate applied not to exceed $10 per hour. Lodging, mileage and subsistence charges will be allowed according to and consistent with the prevailing rates approved for State travel and expense purposes by the State Comptroller for those types of expenditures.

(d) All actual, reasonable and necessary expenses directly related to the search for replacement property must be documented by detailed, receipted bills.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 463.8