N.Y. Comp. Codes R. & Regs. tit. 9 § 277.7

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

Section 277.7 - Appeals procedure

(a) The provisions included in this section shall apply to all displaced persons who express dissatisfaction with the agency's determination of eligibility or reimbursement for moving expenses, replacement housing payments or other incidental and/or litigation costs connected with the property owner's conveyance of title of the acquired property to the State. At the request of the displaced person, the agency shall permit the person to inspect and copy all materials pertinent to that person's appeal, except materials which are classified as confidential, subject to such reasonable conditions as the agency may impose.

(b) If the displaced person is not satisfied with the agency's determination, the person may, within 18 months of vacating or six months after final award, request an informal conference to contest the determination. Upon request, such a conference shall be scheduled and be conducted by the Director of Real Property Planning and Utilization. The displaced person may have representation at such conference. After all relevant information has been analyzed, the director shall promptly notify the displaced person of the decision in writing. The written notice shall include an adequate explanation of the claim and describe how the decision is supported.

(c) In the event the displaced person is not satisfied with the results achieved at the director's conference, an appeal to the commissioner may be taken within 60 days of the written notice referred to in subdivision (b) above. The commissioner or a designated representative shall then make an independent determination according to the data submitted by the displaced person and the director. The determination of the commissioner shall be made in writing to the displaced person, and shall include an explanation of how it is supported.

(d) In the instance of an appeal, payment of calculated moving expenses, replacement housing payments and related benefits may be made prior to the decision at the displaced person's request. Following the decision, the agency reserves the right to make recalculation, if necessary, of such benefits in accordance with the decision and to take any necessary steps to recover any overpayment. In the instance where an owner files a claim in the Court of Claims for adjudication of the fair market value of the property acquired, and files an appeal pursuant to this section disputing the amount of the replacement housing payment proffered, the appeal shall be stayed until the Court of Claims case has been finally determined.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 277.7