§ 18-04 Relocation of Tenants from Public Improvements and Quasi-Public Sites and City Assisted Urban Renewal Sites.
RCNY § 18-04
(a)Purpose. The purpose of this section is to implement for the City of New York the rules and regulations affecting relocation practices and benefit payments for those eligible site occupants who are displaced from public improvement and quasi-public sites or from urban renewal sites which are not federally assisted.
(b)Definitions. Business concern. "Business concern" refers to a corporation, partnership, individual proprietor or other private entity, including a nonprofit organization, engaged in some type of business, professional or institutional activity necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, professional or institution. City assisted urban renewal site. "City assisted urban renewal site" refers to undertakings and activities of the City of New York in a designated area, under an urban renewal plan as authorized under the provisions of Article 15 of the General Municipal Law, and which is not assisted by the Federal Government. Displaced person. "Displaced person" refers to any family, individual, or partnership, corporation or association who is displaced or moves from real property, or who moves his personal property from such real property, in or after the date of the acquisition of the real property for the site or project. Dwelling. "Dwelling" refers to the purpose of determining payments to residential tenants or persons in occupancy under regulations governing all benefit payments other than moving expenses, the term "dwelling" shall mean the primary place of permanent abode of a person and does not include seasonable or part time dwelling units such as beach houses or vacation bungalows. Family. "Family" refers to two or more individuals who by blood, marriage, adoption or mutual consent live together as a family unit. For example, two roommates would not be a family, but a couple, who live together as a family, even if not formally married, would be entitled to benefits as if they were married. A certificate of registration as domestic partners in the City of New York shall be evidence of a family relationship for the purposes of this section. Finder's fee apartment. "Finder's fee apartment" refers to a standard dwelling unit which is provided to the Department of Housing Preservation and Development by any owner, agent or broker for a fee, and into which a relocatee has been moved by the Department. Furnished room. "Furnished room" is a room rented furnished, usually by the week, which does not have a toilet and bath for the exclusive use of the tenant. Unit must be in conformance with local code standards for boarding houses, or other dwellings for congregate living. Individual. "Individual" refers to a person who is not a member of a family. Institutionalized. "Institutionalized" refers to a term to mean the placement of a residential tenant to any hospital, nursing him, or other institution on an indefinite basis. Property. "Property" refers to tangible personal property, excluding fixtures, equipment and other property which under State or local law are considered real property, but including such items of real property as the site occupant may lawfully remove. Public housing. "Public housing" refers to housing operated, maintained or leased by the New York City Housing Authority. Public improvement site. "Public improvement site" refers to an area which the City of New York has condemned for a public use; such public uses may be schools, libraries, hospitals, parks, playgrounds, road widening, police stations, fire houses, etc. Standard Unit. "Standard unit" refers to one which is decent, safe and sanitary and must: (i) have a window or adequate light and ventilation in every room.
(ii)have central heat and central hot water system.
(iii)have a kitchen or kitchenette for the exclusive use of the tenant.
(iv)have a fully enclosed bathroom containing toilet and bath for the exclusive use of the tenant.
(v)have no hazardous violations as recorded by the Department of Buildings against the premises.
(vi)be inspected and approved as standard by the Department of Housing Preservation and Development.
(vii)rental should not exceed 25 percent of the relocatee's gross income or within the financial means of the displaced person.
(viii)not be generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities, and be reasonably accessible to the displaced persons present or potential place of employment.
(ix)not be overcrowded.
(c)Basic eligibility conditions for relocation payments. In order to qualify for benefits as a displaced person all the following conditions must be fulfilled: (1) The real property in which the person resides or does business must have been acquired by the City of New York; and the person must have moved as a result of its acquisition.
(2)The person must be an occupant of the real property on the date title vested in the City of New York.
(3)Displacement is made necessary by the acquisition of such real property by the City of New York.
(d)Determinations and appeals. Determinations by the Commissioner of the Department of Housing Preservation and Development or his designee, shall be final as to payments under these rules and regulations. However, in the event of dissatisfaction by any displaced person, such person shall have the following right of review: (1) In case of any disputed questions of eligibility or determinations of the amount of a relocation payment, which is not disposed by agreement, the displaced person may request and will receive a review by the Commissioner or his designee, which designee shall not be one who has participated in the original decision.
(4)The decision of the Commissioner shall be made in writing to the displaced person making such appeal, which decision shall be final.
(e)Moving and related expenses. Whenever the acquisition of real property for a program or project will result or has resulted in the displacement of any displaced person from the required site on or after the effective date of these rules, the head of the Department of Housing Preservation and Development or his designee, shall make a payment to any displaced person upon application as approved by such official for: (1) The actual reasonable expenses in moving himself, his family, business, or other personal property; (2) The actual direct loss of tangible personal property incurred as a result of moving or discontinuing a business but not to exceed an amount equal to the reasonable expenses that would have been required to relocate such property, as determined by the head of the Department of Housing Preservation and Development, or his designee; (3) The actual reasonable expense of searching for a substitute business site. The amount of this payment is limited to $500. Payment for expenses related to the finding of replacement housing is not authorized.
(f)Actual reasonable expenses in moving.
(1)Allowable expenses.
(i)Packing and crating of personalty.
(g)Exclusions from moving expenses and losses. The following items are excluded from moving expenses and losses: (1) Cost of moving structures, improvements or other real property in which the displaced person reserved ownership.
(5)Loss of trained employees.
(6)Personal injury.
(7)Cost of preparing the application for moving and related expenses.
(8)Modification of personal property to adapt it to the replacement site, except when required by law.
(9)Additional expenses incurred because of living in a new location.
(10)Such other items as the head of the Department of Housing Preservation and Development determined should be excluded.
(h)Actual direct loss of property by business.
(j)Payments in lieu of moving and related expenses.
(k)Replacement housing for homeowner.
(l)Eligibility for homeowners replacement housing.
(m)Computation of homeowners replacement housing payment.
(n)Replacement housing payment for tenants and certain others – eligibility.
(o)Computations of replacement housing payment for displaced tenants.
(p)Replacement housing payment to purchaser. If the tenant elects to purchase instead of rent, the payment shall be computed by determining the amount necessary to enable him to make a down payment and to cover incidental expenses on the purchase of replacement housing.
(q)Computation of replacement housing payment for certain others.
(r)Bonus assistance for tenants. In the addition to payments otherwise authorized, and subject to the limitations below, the head of the Relocation Agency shall make an additional payment to every displaced person who moves into permanent decent, safe and sanitary accommodations according to the following schedule: No. of Rooms Tenant Found Apts. Public Housing and Finders Fee Apts. 1 to 3 $300 $150 4 $400 $200 5 $500 $250 6 $600 $300 7 $700 $350 8 or more $800 $400 The above bonus or relocation allowance payments are subject to the following limitations and criteria: (1) Payments are calculated on the basis of the number of rooms required by the tenant based on family composition, and into which the tenant moves.
(s)Finder fee payments. Finders fee payment are to be paid to owners, agents or brokers who have listed with the Relocation Agency standard apartment into which relocatee have moved. The schedule is as follows: No. of RoomsPayment1 to 3$150 4$300 5$400 6$500 7$600 8 or more$700 Finders fee for furnished room in a rooming house – $50 per room.
(t)Settlement costs.
(u)Time for filing claims. All relocation payment claims of eligible tenants must be submitted to the Relocation Agency within a period of six months from the date of the permanent move from the site or six months from the effective date of these regulations, whichever is later, except where provided otherwise herein: (v) Relocation assistance and advisory services.
