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This entry was published on 2014-09-22
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SECTION 74-B
Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property
General Municipal (GMU) CHAPTER 24, ARTICLE 5
§ 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.