N.Y. Comp. Codes R. & Regs. tit. 9 § 277.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 277.2 - Definitions

(a) Agency means the State Office of General Services.

(b) Business means any lawful activity, except a farm operation, that is conducted:

(1) primarily for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing, and/or marketing of products, commodities, or any other personal property; or

(2) primarily for the sale of services to the public; or

(3) primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or

(4) by a not-for-profit organization that has established its not-for-profit status under applicable Federal or State law.

(c) Commissioner means the State Commissioner of General services.

(d) Comparable replacement dwelling means a dwelling which is:

(1) decent, safe and sanitary as described in subdivision (f) of this section;

(2) functionally equivalent to the displacement dwelling. The term functionally equivalent means that it performs the same function, provides the same utility, and is capable of contributing to a comparable style of living. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features must be present. Generally, functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used. However, in determining whether a replacement dwelling is functionally equivalent to the displacement dwelling, the agency may consider reasonable trade-offs for specific features when the replacement unit is "equal to or better than" the displacement dwelling;

(3) adequate in size to accommodate the occupants;

(4) in an area not subject to unreasonably adverse environmental conditions;

(5) in a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and reasonably accessible to the person's place of employment;

(6) on a site that is typical in size for residential development with normal site improvements, including customary landscaping. The site need not include special improvements such as outbuildings, swimming pools, or greenhouses. See also 277.5(c)(1)(ii);

(7) currently available to the displaced person on the private market. However, a comparable replacement dwelling for a person receiving government housing assistance before displacement may reflect similar government housing assistance; and

(8) within the financial means of the displaced person;

(i) a replacement dwelling purchased by a homeowner in occupancy for at least 180 days prior to initiation of negotiations (180-day homeowner) is considered to be within the homeowner's financial means if the homeowner is paid the full price differential as described in 277.5(a)(3), all increased mortgage interest costs as described at 277.5(a)(4) and all incidental expenses as described at 277.5(a)(5), plus any additional amount required to be paid under 277.5(d), replacement housing of last resort;

(ii) a replacement dwelling rented by a displaced person is considered to be within a person's financial means if, after receiving rental assistance under this Part, the person's monthly rent and estimated average monthly utility costs for the replacement dwelling do not exceed the person's base monthly rental for the displacement dwelling as described at 277.5(b)(2)(ii);

(iii) for a displaced person who is not eligible to receive a replacement housing payment because of the person's failure to meet length-of-occupancy requirements, comparable replacement rental housing is considered to be within the person's financial means if the State pays that portion of the monthly housing costs of a replacement dwelling which exceeds 30 percent of such person's gross monthly household income. Such rental assistance must be paid under last resort housing provisions in 277.5(d) of this Part for a period of 42 months; and

(9) fair housing, open to all persons regardless of race, color, religion, sex or national origin.

(e) Contribute materially means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period as the agency determines to be more equitable, a business or farm operation:

(1) had average annual gross receipts of at least $5,000; or

(2) had average annual net earnings of at least $1,000; or

(3) contributed at least 33 1/3 percent of the owner's or operator's average annual gross income from all sources.

If the application of the above criteria creates an inequity or hardship in any given case, the agency may approve the use of other criteria as determined appropriate.

(f) Decent, safe and sanitary dwelling means a dwelling which meets applicable housing and occupancy codes. However, any of the following standards which are not met by an applicable code shall apply unless waived for good cause by the agency. The dwelling shall:

(1) be structurally sound, weather-tight, and in good repair;

(2) contain a safe electrical wiring system adequate for lighting and other devices;

(3) contain a heating system capable of sustaining a healthful temperature (of approximately 70 degrees) for a displaced person, except in those areas where local climatic conditions do not require such a system;

(4) be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. There shall be a separate, well lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator;

(5) contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress; and

(6) for a displaced person who is handicapped, be free of any barriers which would preclude reasonable ingress, egress, or use of the dwelling by such displaced person.

(g) Displaced person.

(1) Displaced person means any person, including a person who does not meet the length-of-occupancy requirements of section 277.5(a) or 277.5(b), who moves from the real property or moves personal property from the real property:

(i) as a direct result of a written notice of intent to acquire, the initiation of negotiations for, or the acquisition of such;

(ii) if applicable, as a direct result of rehabilitation or demolition for a project; or

(iii) as a direct result of a written notice of intent to acquire, or the acquisition, or, if applicable, rehabilitation or demolition of, in whole or in part, other real property on which the person conducts a business or farm operation, for a project. However, eligibility for such person under this paragraph applies only for the purpose of obtaining moving expenses under section 277.4(a), (b), or (c).

(2) Persons not displaced. The following is a nonexclusive listing of persons who do not qualify as displaced persons under this Part:

(i) a person who moves before the initiation of negotiations, unless the agency determines that the person was displaced as a direct result of the project;

(ii) a person who initially enters into occupancy of the property after the date of its acquisition for the project;

(iii) a person who has occupied the property for the purpose of obtaining assistance under this Part;

(iv) a person who is determined to be in unlawful occupancy or a person who has been evicted for cause, under applicable law, prior to the initiation of negotiations for the property;

(v) a person who is not required to relocate permanently as a direct result of a project;

(vi) an owner-occupant who moves as a result of:

(a) a voluntary transaction that meets all of the following conditions:

(1) no specific site or property needs to be acquired, although the agency may limit its search for alternative sites to a general geographic area. Where the agency wishes to purchase more than one site within a geographic area on this basis, all owners are to be treated similarly;

(2) the property to be acquired is not part of an intended, planned, or designated project area where all or substantially all of the property within the area is to be acquired within specific time limits;

(3) the agency will not acquire the property in the event negotiations fail to result in an amicable agreement, and the owner is so informed in writing;

(4) the agency will inform the owner of what it believes to be the fair market value of the property;

(b) rehabilitation or demolition of the real property. However, the displacement of a tenant as a direct result of any acquisition, rehabilitation or demolition for a project may be subject to this Part.

(h) Dwelling means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single-family house; a single-family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a non-housekeeping unit; a mobile home; or any other residential unit.

(i) Farm operation means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

(j) Initiation of negotiations means the delivery of the initial written offer of just compensation to the owner or the owner's representative to purchase the real property for the project. However, if the agency issues a notice of its intent to acquire the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the initiation of negotiations means the actual move of the person from the property.

(k) Mortgage means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby.

(l) Not-for-profit organization means an organization that is incorporated under the applicable laws of a state as a not-for-profit organization and exempt from paying Federal income taxes based on that status.

(m) Owner of a dwelling. A person is considered to have met the requirement to own a dwelling if the person purchases or holds any of the following interests in real property:

(1) fee title, a life estate, a 99-year lease, or a lease including any options for extension with at least 50 years to run from the date of acquisition; or

(2) an interest in a cooperative housing project which includes the right to occupy a dwelling; or

(3) a contract to purchase any interest or estates described in paragraph (m)(1) or (2) of this subdivision; or

(4) any other interest, including a partial interest, which in the judgment of the agency warrants consideration as ownership.

(n) Person means any individual, family, partnership, corporation, or association.

(o) Project means any action or series of actions undertaken by the agency, designed primarily to further or complete an activity or program that will benefit the public as a whole.

(p) Salvage value means the probable sale price of an item, if offered for sale on the condition that it will be removed from the property at the buyer's expense, allowing a reasonable period of time to find a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including separate use of serviceable components and scrap when there is no reasonable prospect of sale except on that basis.

(q) Small business means a business having at least one but not more than 500 employees working at the site being acquired or permanently displaced by a program or project.

(r) State means the State of New York.

(s) Tenant means a person who has the temporary use and occupancy of real property owned by another.

(t) Uneconomic remnant means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the agency has determined has little or no value or utility to the owner.

(u) Unlawful occupancy. A person is considered to be in unlawful occupancy when such person has been ordered to move by a court of competent jurisdiction prior to the initiation of negotiations or is determined to be a squatter who is occupying the real property without the permission of the owner and otherwise has no legal right to occupy the property under State law. At the discretion of the agency, squatters who occupy real property without the permission of the owner may be considered to be in unlawful occupancy.

(v) Utility costs means expenses for heat, lights, water and sewer.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 277.2