N.Y. Comp. Codes R. & Regs. tit. 9 § 277.6

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

Section 277.6 - Mobile homes

(a) Applicability. This section describes the requirements governing the provision of relocation payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this Part. Except as modified by this section, such a displaced person is entitled to a moving expense payment in accordance with section 277.4 and a replacement housing payment in accordance with section 277.5 to the same extent and subject to the same requirements as persons displaced from conventional dwellings.

(b) Moving and related expenses-mobile homes.

(1) A homeowner-occupant displaced from a mobile home or mobile home site is entitled to a payment for the cost of moving the mobile home on an actual cost basis in accordance with section 277.4(a). A non-occupant owner of a rented mobile home is eligible for actual cost reimbursement under section 277.4(c). However, if the mobile home is not acquired, but the homeowner-occupant obtains a replacement housing payment under one of the circumstances described in subparagraph (c)(1)(iii) of this section, the owner is not eligible for payment for moving the mobile home.

(2) The following rules apply to payments for actual moving expenses under section 277.4(a):

(i) A displaced mobile homeowner, who moves the mobile home to a replacement site, is eligible for the reasonable cost of disassembling, moving and reassembling any attached appurtenances, such as porches, decks, skirting and awnings which were not acquired, anchoring at the unit and utility "hook-up" charges.

(ii) If a mobile home requires repairs and/or modifications so that it can be moved and/or made decent, safe and sanitary, and the agency determines that it would be economically feasible to incur the additional expense, the reasonable cost of such repairs and/or modifications is reimbursable.

(iii) A nonreturnable mobile home park entrance fee is reimbursable to the extent it does not exceed the fee at a comparable mobile home park, if the person is displaced from a mobile home park or the agency determines that payment of the fee is necessary to effect relocation.

(c) Replacement housing payment for 180-day mobile homeowner-occupants.

(1) A displaced owner-occupant of a mobile home is entitled to a replacement housing payment, not to exceed $22,500, under section 277.5(a) if:

(i) the person both owned the displacement mobile home and occupied it on the displacement site for at least 180 days immediately prior to the initiation of negotiations;

(ii) the person meets the other basic eligibility requirements of section 277.5(a)(1); and

(iii) the agency acquires the mobile home and/or mobile home site, or the mobile home is not acquired by the agency, but the owner is displaced from the mobile home because the agency determines that the mobile home:

(a) is not and cannot economically be made decent, safe and sanitary; or

(b) cannot be relocated without substantial damage or unreasonable cost; or

(c) cannot be relocated because there is no available comparable replacement site; or

(d) cannot be relocated because it does not meet mobile home park entrance requirements.

(2) If the mobile home is not acquired and the agency determines that it is not practical to relocate it, the acquisition cost of the displacement dwelling used when computing the price differential amount, described at section 277.5(a)(3), shall include the salvage value or trade-in value of the mobile home, whichever is higher.

(d) Replacement housing payment for 90-day mobile home occupants. A displaced tenant or owner-occupant of a mobile home is eligible for a replacement housing payment, not to exceed $5,250, under section 277.5(b) if:

(1) the person actually occupied the displacement mobile home on the displacement site for at least 90 days immediately prior to the initiation of negotiations;

(2) the person meets the other basic eligibility requirements at section 277.5(b)(1); and

(3) the agency acquires the mobile home and/or mobile home site, or the mobile home is not acquired by the agency but the owner or tenant is displaced from the mobile home because of one of the circumstances described at subparagraph (c)(1)(iii) of this section.

(e) Additional rules governing relocation payments to mobile home occupants.

(1) Replacement housing payment based on dwelling and site. Both the mobile home and mobile home site must be considered when computing a replacement housing payment. For example, a displaced mobile home occupant may have owned the displacement mobile home and rented the site or may have rented the displacement mobile home and owned the site. Also, a person may elect to purchase a replacement mobile home and rent a replacement site, or rent a replacement mobile home and purchase a replacement site. In such cases, the total replacement housing payment shall consist of a payment for a dwelling and a payment for a site, each computed under the applicable subdivision in section 277.5. However, the total replacement housing payment under sections 277.5 shall not exceed the maximum payment (either $22,500 or $5,250) permitted under the applicable subdivision. (See also section 277.5[c].)

(2) Cost of comparable replacement dwelling.

(i) If a comparable replacement mobile home is not available, the replacement housing payment shall be computed on the basis of the reasonable cost of a conventional comparable replacement dwelling.

(ii) If the agency determines that it would be practical to relocate the mobile home, but the owner-occupant elects not to do so, the agency may determine that, for purposes of computing the price differential under section 277.5(a)(3), the cost of a comparable replacement dwelling is the sum of:

(a) the value of the mobile home;

(b) the cost of any necessary repairs or modifications; and

(c) the estimated cost of moving the mobile home to a replacement site.

(3) Initiation of negotiations. If the mobile home is not actually acquired, but the occupant is considered displaced under this Part, the "initiation of negotiations" is the initiation of negotiations to acquire the land, or, if the land is not acquired, the written notification that the person is a displaced person.

(4) Person moves mobile home. If the owner is reimbursed for the cost of moving the mobile home, the person is not eligible to receive a replacement housing payment to assist in purchasing or renting a replacement mobile home. The person may, however, be eligible for assistance in purchasing or renting a replacement site.

(5) Partial acquisition of mobile home park. The acquisition of a portion of a mobile home park property may leave a remaining part of the property that is not adequate to continue the operation of the park. If the agency determines that a mobile home located in the remaining part of the property must be moved as a direct result of the project, the owner and any tenant shall be considered a displaced person who is entitled to relocation payments and other assistance under this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 277.6