§ 74-b. Payment of moving and relocation expenses of residential and\ncommercial owners and tenants of appropriated property.
1.The chief\nfiscal officer of every municipal corporation shall establish and may\namend rules and regulations authorizing the payment of reasonable and\nnecessary moving expenses of occupants of property acquired by\ncondemnation or agreement, such payments not to exceed one thousand\ndollars in the case of an owner or tenant of residential property and\ntwenty-five thousand dollars in the case of an owner or tenant of\ncommercial property. Such rules and regulations may further define the\nterms used in this section. Application for such payment shall be made\nto the chief fiscal officer of such municipal corporation upon forms\nprescribed by him and shall be
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§ 74-b. Payment of moving and relocation expenses of residential and\ncommercial owners and tenants of appropriated property. 1. The chief\nfiscal officer of every municipal corporation shall establish and may\namend rules and regulations authorizing the payment of reasonable and\nnecessary moving expenses of occupants of property acquired by\ncondemnation or agreement, such payments not to exceed one thousand\ndollars in the case of an owner or tenant of residential property and\ntwenty-five thousand dollars in the case of an owner or tenant of\ncommercial property. Such rules and regulations may further define the\nterms used in this section. Application for such payment shall be made\nto the chief fiscal officer of such municipal corporation upon forms\nprescribed by him and shall be accompanied by such information and\nevidence as he may require. Upon approval of such application, the\nchief fiscal officer of such municipal corporation shall deliver a copy\nthereof to the treasurer of the municipal corporation or other officer\nof such municipal corporation exercising corresponding functions\ntogether with a certificate stating the amount due thereunder, and the\namount so fixed shall be paid out of the municipal corporation treasury\nafter audit by the comptroller of the municipal corporation or other\nofficer of the municipal corporation exercising corresponding functions\nfrom moneys appropriated for the acquisition of such property. As used\nin this section "commercial property" shall include property owned by an\nindividual, family, business concern (including the operation of a farm)\nand a nonprofit organization.\n The provisions of this subdivision shall not apply to a city having a\npopulation of one million or more.\n 2. In addition to the authorization of subdivision one of this\nsection, the governing body of any municipal corporation may adopt and\namend rules and regulations authorizing the payment of relocation\nassistance allowances, related and other necessary expenses as described\nin the uniform relocation assistance act to owners or occupants of\nproperty or any interest therein acquired or to be acquired by such\nmunicipal corporation by condemnation, agreement or otherwise and for\nwhich federal funds shall be used toward the cost of such acquisition.\nSuch rules and regulations may further define the terms used in this\nsubdivision. In acquiring real property for which federal funds shall be\nused, the municipal corporation is hereby authorized to do such other\nand further acts not hereby specifically provided as may be necessary to\ncomply with such uniform relocation assistance act. Application for such\npayment shall be made to the officer of such municipal corporation\ndesignated by the governing body, upon forms prescribed by him and shall\nbe accompanied by such information and assistance as may be required to\nsubstantiate entitlement thereto. Payment shall be made as provided in\nsuch rules and regulations from moneys appropriated for the acquisition\nof such real property or interest therein.\n 3. As used in this section, the following terms shall have the\nfollowing meanings:\n (a) "Municipal corporation". A county, city, town, village, school\ndistrict, fire district, district corporation and public authority.\n (b) "Uniform relocation assistance act." The uniform relocation\nassistance and real property acquisition policies act of nineteen\nhundred seventy, being public law 91-646, as enacted by the ninety-first\nCongress of the United States and any federal laws amendatory or\nsupplemental thereto.\n (c) "Governing body." In a city, the legislative body as defined in\nsubdivision seven of section two of the municipal home rule law, unless\nanother provision of law or the city charter vests another officer or\nagency thereof with the power to fix and promulgate, with the approval\nof the mayor, schedules of relocation payments in which case, governing\nbody shall mean such other officer or agency.\n