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.

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 section two 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.