N.Y. General Municipal Law 74-B – Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property
§ 74-b. Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property. 1. The chief fiscal officer of every municipal corporation shall establish and may amend rules and regulations authorizing the payment of reasonable and necessary moving expenses of occupants of property acquired by condemnation or agreement, such payments not to exceed one thousand dollars in the case of an owner or tenant of residential property and twenty-five thousand dollars in the case of an owner or tenant of commercial property. Such rules and regulations may further define the terms used in this section. Application for such payment shall be made to the chief fiscal officer of such municipal corporation upon forms prescribed by him and shall be accompanied by such information and evidence as he may require. Upon approval of such application, the chief fiscal officer of such municipal corporation shall deliver a copy thereof to the treasurer of the municipal corporation or other officer of such municipal corporation exercising corresponding functions together with a certificate stating the amount due thereunder, and the amount so fixed shall be paid out of the municipal corporation treasury after audit by the comptroller of the municipal corporation or other officer of the municipal corporation exercising corresponding functions from moneys appropriated for the acquisition of such property. As used in this section "commercial property" shall include property owned by an individual, family, business concern (including the operation of a farm) and a nonprofit organization.
Terms Used In N.Y. General Municipal Law 74-B
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The provisions of this subdivision shall not apply to a city having a population of one million or more.
2. In addition to the authorization of subdivision one of this section, the governing body of any municipal corporation may adopt and amend rules and regulations authorizing the payment of relocation assistance allowances, related and other necessary expenses as described in the uniform relocation assistance act to owners or occupants of property or any interest therein acquired or to be acquired by such municipal corporation by condemnation, agreement or otherwise and for which federal funds shall be used toward the cost of such acquisition. Such rules and regulations may further define the terms used in this subdivision. In acquiring real property for which federal funds shall be used, the municipal corporation is hereby authorized to do such other and further acts not hereby specifically provided as may be necessary to comply with such uniform relocation assistance act. Application for such payment shall be made to the officer of such municipal corporation designated by the governing body, upon forms prescribed by him and shall be accompanied by such information and assistance as may be required to substantiate entitlement thereto. Payment shall be made as provided in such rules and regulations from moneys appropriated for the acquisition of such real property or interest therein.
3. As used in this section, the following terms shall have the following meanings:
(a) "Municipal corporation". A county, city, town, village, school district, fire district, district corporation and public authority.
(b) "Uniform relocation assistance act." The uniform relocation assistance and real property acquisition policies act of nineteen hundred seventy, being public law 91-646, as enacted by the ninety-first Congress of the United States and any federal laws amendatory or supplemental thereto.
(c) "Governing body." In a city, the legislative body as defined in subdivision seven of § 2 of the municipal home rule law, unless another provision of law or the city charter vests another officer or agency thereof with the power to fix and promulgate, with the approval of the mayor, schedules of relocation payments in which case, governing body shall mean such other officer or agency.