Relocation of Tenants from Public Improvements and Quasi-Public Sites and City Assisted Urban Renewal Sites.
28 RCNY § 18-04
in effect§ 18-04 Relocation of Tenants from Public Improvements and Quasi-Public Sites and City Assisted Urban Renewal Sites.
(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.
(2) Upon such review, the displaced person may submit any and all additional material in writing for consideration in the matter.
(3) Such review as provided in paragraph (1) above, must be requested in writing within 30 days of the date of the original determination by the Department. The request shall be sent to Commissioner of the Department of Housing Preservation and Development, 100 Gold Street, New York, N.Y. 10038.
(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.
(ii) Advertising for packing, crating and transportation as the head of the Department of Housing Preservation and Development or his designee may require.
(iii) Storage of personal property for a period not to exceed 6 months when the head of the Department of Housing Preservation and Development, or his designee, determines that storage is necessary.
(iv) Insurance premiums covering loss and damage of personal property while in storage or transit.
(v) Removal, dismantling and reassembly of machinery, equipment, appliances and other items, not acquired as real property, including reconnection of utilities which do not constitute an improvement to the replacement site, and which were not acquired by the City of New York.
(vi) Such other reasonable expenses as determined by the head of the Department of Housing Preservation and Development, including expenditure incurred by and in behalf of the City incidental to the move.
(2) Limitations.
(i) When the displaced person accomplishes the move himself, the amount of payment shall not exceed the estimated cost of moving commercially established by the Department of Housing Preservation and Development unless the Department of Housing Preservation and Development determines that documentation submitted by the displaced person justifies a larger amount.
(ii) When an item of personal property used in connection with any business is not moved but sold and promptly replaced with a comparable item, reimbursement shall not exceed the replacement cost minus the proceeds received from the sale, or the cost of moving, whichever is less.
(iii) When personal property used in connection with any business to be moved is of law value and high bulk, and the cost of moving would be disproportionate in relation to the value, in the judgment of the head of the Department of Housing Preservation and Development or his designee, the allowable reimbursement for the expense of moving the personal property shall not exceed the difference between the amount which would have been received for such item on liquidation and the cost of replacing the same with a comparable item available on the market.
(iv) The owner of an outdoor advertising display who does not receive either a fixture award or a fee award, and who does not conduct a business on the site, shall be entitled only to moving expenses. However, the amount of the moving expense to be paid shall be limited to the less of
(A) The value of the sign or
(B) The actual moving cost.
(v) In the event any tenant who moves chooses to take actual moving expense allowances, the following notice to the Department of Housing Preservation and Development is required:
(A) Residential tenants must provide not less than 5 days written notice with moving estimate before the move takes place of tenant's intention.
(B) Commercial tenants must provide notice of intention to move not less than 30 days nor more than 90 days prior to the commencement of the move, and must submit 3 independent bona-fide estimate or bids at least 15 days prior to the commencement of the move.
(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.
(2) Interest on loans to cover moving expenses.
(3) Loss of good will.
(4) Loss of profits.
(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.
(1) When the personal property other than stock kept for sale is abandoned, the displaced person is entitled to payment for the difference between the in-place value and the amount which he receives from the sale of the item, or the cost of moving, whichever is less.
(2) When the displaced person does not move personal property and claims direct loss, he shall be required to make bonafide effort to sell it.
(3) When personal property is sold and the business reestablished, the displaced person is entitled to payment as provided in 28 RCNY § 18-04(f)(2)(ii).
(i) Expenses in searching for replacement business site.
(1) Subject to the limitation herein, the following items are allowed:
(i) Travel costs.
(ii) Reasonable cost for meals and lodging.
(iii) Time spent in searching at the rate of the displaced person's salary or earnings, but not to exceed $10 per hour.
(iv) Broker or realtor fee to locate a replacement business with the advance approval of the head of the Department of Housing Preservation and Development or his designee.
(2) Limitation on such expenses. The total amount which a displaced person may be paid for searching expense shall not exceed $500.
(j) Payments in lieu of moving and related expenses.
(1) Residential tenants.
(i) Any displaced person eligible for moving expense payments who is displaced from a dwelling may, in lieu of actual moving expense, elect to accept a fixed moving expense allowance not to exceed $300 according to the following schedule:
(A) For persons who own furniture:
No. of Rooms Amount / No. of Rooms Amount
1 - 1 1/2 $120 / 5 - 5 1/2 $300.00
2 - 2 1/2 $170 / 6 - 6 1/2 $300.00
3 - 3 1/2 $215 / 7 - 7 1/2 $300.00
4 - 4 1/2 $260 / 8 - more $300.00
(B) For persons who do not own furniture:
$25, for the first room and $15 additional for each additional room.
(ii) Every displaced residential tenant who chooses a fixed payment moving expense in lieu of actual moving expense shall also be entitled to a Dislocation Allowance of $200. This Dislocation Allowance is not subject to any set off by the Department of Housing Preservation and Development.
(iii) In the event any residential tenant is required by the Department of Housing Preservation and Development to move to another unit within the same site, whether through emergency or furtherance of clearance, such tenant can at his option elect to receive actual money expenses or the fixed "in lieu of payment. No Dislocation Allowance can be paid for an on-site move.
(2) Business fixed payment. Any displaced person otherwise eligible for moving expense payment who is displaced from his place of business may elect to choose one of three types of fixed payments in lieu of actual moving and related expenses:
(i) Six times the monthly rental. This choice may be elected by any commercial tenant. The maximum payment if $4,000, the minimum is 400, and such choice replaces actual moving expenses and related expense. It is not necessary to submit moving estimates.
(ii) "In lieu of" payment. This choice may be selected by a commercial tenant who satisfies the head of the Department of Housing Preservation and Development, or his designee, that:
(A) The business cannot be relocated without a substantial loss of its existing patronage. Loss of existing patronage to a business must include the following factors: the type of business conducted by the displaced concern; the nature of the clientele of the displaced concern; and the relative importance of the present and proposed location to the displaced business; and
(B) The business is not a part of a commercial enterprise having at least one other establishment not being acquired by the City of New York, which is in the same or similar business; and
(C) The business contributes materially to the income of the displaced owner. This standard eliminates those part-time family occupations such as newspaper routes, part-time typing, etc. unless they contribute substantially to the displaced person's income.
This "in lieu of" payment shall be in the amount equal to the average annual earnings of the business, except that such payment shall not be less than $2,500 nor more than $10,000.
Any "in lieu of" payment to an eligible non-profit making organization shall be limited to $2,500 unless it is in fact operating a profit making business.
The definition of "contributes materially to the income of the displaced owner" shall mean:
(a) That the business had average annual gross receipts of at least $2,000, or
(b) That the business had average annual net earnings of at least $1,000 or
(c) That the business contributed at least 33 1/3 percent of the average total annual income of the owner or owners.
The average annual receipts, earning or income is determined by one half the sum during the 2 taxable years immediately preceding the taxable year in which the business moves, or during such other period as the head of the Department of Housing Preservation and Development may determine.
In the event this choice is taken by the tenant no moving estimates or bids are necessary to be submitted by tenant. This choice replaces actual moving expenses and related expense.
(iii) A negotiated payment. This choice may be selected by commercial tenants only upon prearrangement and consent of the head of the Department of Housing Preservation and Development, or his designee. This choice replaces actual moving expenses and related expenses. The negotiated amount is the specific amount approved for payment(s) by the Department of Housing Preservation and Development prior to any actual move and requires the submission by the tenant of at least three acceptable estimates or bids for moving, the physical inspection by the Department of Housing Preservation and Development, the written offer by the tenant to accept a stipulated amount, and the written approval, prior to the move, from the Department of Housing Preservation and Development. The stipulated amount must be considerably below the lowest estimated cost of the move. If this choice is taken, no detailed bills need be submitted by the tenant.
(k) Replacement housing for homeowner.
(1) The addition to payments otherwise authorized pursuant to subdivisions (e), (f), (j) and (t) of this section, the head of the Department of Housing Preservation and Development or his designee, shall make an additional payment not in excess of $15,000, to any displaced person who is displaced from a dwelling actually owned and occupied by such displaced person for not less than 180 days prior to the acquisition of the property. Such additional payment shall include the following elements:
(i) The amount, if any, which when added to the amount of condemnation award or purchase price (if by negotiation) of the dwelling acquired by the City of New York, equals the reasonable cost of a comparable replacement dwelling which is decent, safe and sanitary dwelling adequate to accommodate such displaced person, reasonably accessible to public services and places of employment and available on the private market.
(ii) The amount, if any, which will compensate such displaced person for any increased interest costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the City of New York was encumbered by a bonafide mortgage which was a valid lien on such dwelling for not less than 180 days prior to the acquisition of dwelling. Such amount shall be equal to the excess in the aggregate interest and other debt service costs of the amount of the principal of the mortgage on the replacement dwelling which is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on saving deposits by commercial banks in the general area in which the replacement dwelling is located.
(iii) Reasonable expenses incurred by such displaced person for evidence of title, recording fees and other closing costs incidents to the purchase of the replacement dwelling, but not including prepared expenses. Attorneys fees shall be not more than one percent of the purchase price, with a minimum of $200.
(2) The additional payment of replacement housing for homeowners shall be made only to such displaced person who purchases and occupies a replacement dwelling which is a decent, safe and sanitary dwelling, not later than the end of the one year period beginning on the date on which he receives from the City of New York payment for the acquired dwelling, or on the date on which he moves from the acquired dwelling whichever is the later date.
(3) Whenever a displaced person is eligible for a payment but has not yet purchased a replacement dwelling, the head of the Department of Housing Preservation and Development shall at the request of the displaced person, provide a written statement to any interested person, financial institution or lending agency as to such person's eligibility for a payment and the requirements that must be satisfied before such payment can be made.
(l) Eligibility for homeowners replacement housing.
(1) A displaced owner. Occupant is eligible for a replacement housing payment if he meets the eligibility requirements enumerated under subdivision (k) of this section.
(2) A displaced owner-occupant of a dwelling who is determined to be ineligible for a homeowners replacement housing payment may be eligible for a replacement housing payment for tenants and others as more fully set forth in subdivision (n) of this section.
(m) Computation of homeowners replacement housing payment.
(1) Differential payment for replacement housing.
(i) Displaced owner. Occupants shall have the right to elect to use either a schedule method or comparative method in determining the amount to be paid.
(A) The schedule method: The schedule of average prices of comparable sales housing in the locality, is as follows:
No. Bedrooms Average Sales Price
1 $40,600
2 $40,600
3 $56,700
4 $71,400
5 or more $71,400
(B) The Comparative Method: The cost of comparable unit is determined on a case by case basis through the use of the sales price (together with any adjustments necessary to reflect the market sales experience) of one or more dwelling determined to be the most representative of the acquired dwelling and conforming to the definition of "comparable replacement housing". The comparable dwellings may be selected by the Relocation Agency, or by the displaced person with the approval of the Relocation Agency.
(ii) Limitations.
(A) If the displaced person, of his own volition, purchases and occupies a decent, safe and sanitary dwelling at a price less than the acquisition price of the acquired building, no differential payment shall be made.
(B) If the displaced person, of his own volition, purchases and occupies, a decent, safe and sanitary dwelling at a price less than the average sale price, as above, of a comparative replacement dwelling, the differential payment will be reduced to that amount required to pay the difference between the acquisition price of the acquired dwelling and the actual purchase price of the replacement dwelling.
(C) If the dwelling unit occupied by the claimant was part of a structure owned by the claimant which also included space used for non-residential or multi-residential purposes, the amount of the differential payment shall be determined by using as the acquisition payment of the dwelling unit only that part of the total payment which relates to the value of the claimant's residential use portion of the structure.
(D) When an eligible claimant, who has received all or a portion of a rental assistance payment (because he elected to rent), subsequently files a claim for replacement housing payment for homeowners, the total amount of the rental assistance payment he has received must be deducted from the amount of the payment to which he may be entitled.
(2) Interest payment. The interest payment shall be based on present value of the reasonable cost of the interest differential, including points paid by the purchaser on the amount refinanced not to exceed the amount of the unpaid debt for its remaining term at the time of acquisition of the real property.
(3) Incidental expenses.
(i) The incidental expense payment is the amount necessary to compensate the homeowner for costs incident to the purchase of the replacement dwelling such as:
(A) Legal, closing and related costs including title search, preparing conveyance contracts, notary fees, surveys, preparing drawings of plats, and charges incident to recordation. Attorney fees are limited to one percent of the purchase price but not less than $200.
(B) Lenders, Federal Housing Administration, or Veterans Administration appraisal fees.
(C) Federal Housing Administration application fee.
(D) Certification of structural soundness when required by lender, Federal Housing Administration or Veterans Administration.
(E) Credit report.
(F) Title policies or abstracts of title.
(G) Escrow Agent's Fee (mortgage fee).
(H) State revenue stamps, or sale or transfer taxes.
(ii) No fee, cost, charge or expenses is reimbursable which is determined to be a part of the finance charge under Title I of the Federal Truth in Lending Act and Regulation "Z" issued pursuant thereto.
(n) Replacement housing payment for tenants and certain others – eligibility.
(1) A displaced tenant or owner-occupant of less than 180 days before condemnation date, is eligible for a replacement housing payment if he actually occupied the dwelling for not less than 90 days immediately prior to the acquisition of the property, and meets the other eligibility requirements.
(2) In addition to amounts otherwise authorized, the Relocation Agency shall make a payment to or for any displaced person from any dwelling not eligible to receive a payment under subdivision (k) of this section which dwelling was actually and lawfully occupied by such displaced person for not less than 90 days prior to the acquisition of such dwelling. Tenant or other occupant of the property shall be notified of the actual date of title vesting in the City.
(3) Payment under subdivision (n) shall be either:
(i) The amount necessary to enable such displaced person to lease or rent for a period not to exceed 4 years, a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public and commercial facilities, and reasonably accessible to his place of employment, but not to exceed $4,000, or
(ii) The amount necessary to enable such person to make a down payment and including incidental expenses described in subdivision (m)(3) of this section (incidental expense), on the purchase of a decent, safe, and sanitary dwelling of standards adequate to accommodate such person in areas not generally less desirable in regard to public and commercial facilities, but not exceeding $4,000 except that, if such amounts exceed $2,000 such person must equally match any such amount in excess of $2,000 in making the down payment.
(A) The displaced person is required to apply all of the portion of the total down payment which was not needed to meet the cost of incidental expenses, toward the purchase of the dwelling.
(B) The down payment for the replacement housing shall be limited to that amount which would normally be required for a conventional loan, unless otherwise approved by the head of the Relocation Agency, or his designee.
(4) An owner-occupant otherwise eligible for payment of a Homeowners Replacement Housing Payment but who rents instead of purchases a replacement dwelling is eligible for replacement housing payment for tenants.
(5) The additional payment of Replacement Housing Payment for Tenants and Certain Others shall be made only to such displaced person who moves into a unit which is decent, safe and sanitary, and a standard dwelling, not later than six months from the date he moves from the site dwelling or six months from the effective date of these regulations, whichever is later.
(6) If individuals, not a family, are joint occupants of a single family unit acquired for a project, each eligible claimant shall be paid a prorated share of the total payment applicable to single individual. The total payment made to all such claimants shall not exceed the total applicable to a single individual.
(o) Computations of replacement housing payment for displaced tenants.
(1) Displaced tenants who rent shall have the right to elect to use either a Schedule Method or a Comparative Method to determine the payment due them.
(2) Schedule: The Schedule of Average Rents in the City of New York is as follows:
No. of Bedrooms Average Contract Monthly Rental Average Utilities Average Gross Monthly Rentals Average Gross Annual Rentals
Gas Elec
0 214 5 17 $236 $2,832
1 240 5 21 $266 $3,192
2 283 7 25 $315 $3,780
3 328 8 28 $364 $4,368
4 372 9 31 $412 $4,944
5 or more 372 9 31 $412 $4,944
Replacement housing payment under the schedule method is computed by determining the amount necessary to rent a suitable replacement dwelling unit for 4 years (the average monthly cost from the schedule) or the new actual rent paid, whichever is lower, and subtracting from such amount 48 times the average month's rent paid by the displaced tenant in the last 3 months prior to condemnation if such rent is reasonable, or if not reasonable, 48 times the monthly economic rent for the dwelling unit as established by the Relocation Agency. For purpose of these regulations, economic rent is defined as the amount of rent the displaced tenant would have had to pay for a similar dwelling unit in areas not generally less desirable than the dwelling unit to be acquired.
(3) Comparative method. The cost of a comparable unit may be determined on a case-by-case basis by using the average month's rent for one or more dwellings determined to be the most representative of the acquired dwelling conforming to the definition of "comparable replacement housing." The comparable dwellings may be selected by the Relocation Agency, or by the displaced person with the approval of the Relocation Agency. The payment is to be computed by determining the amount necessary to rent for 4 years a suitable replacement dwelling or the new actual rent paid, whichever is lower, and subtracting from the amount so determined the lesser of 48 times the average month's rent paid by the displaced tenant in the last 3 months prior to initiation of condemnation, or if not reasonable, 48 times the monthly economic rent for the dwelling unit established by the Relocation Agency.
(4) Exceptions.
(i) The head of the Department of Housing Preservation and Development may establish the average month's rent by using more than 3 months, if he deems it advisable.
(ii) Notwithstanding any of the provisions herein, payments for persons displaced on or after the effective date of this regulation shall not exceed 48 times the difference between the base monthly rental and the lesser of (A) the comparable monthly rental (whether Comparative or Schedule) for a replacement dwelling or (B) the actual monthly rental for the replacement dwelling into which the displaced person is relocated. The $4,000 limitation shall as apply.
(5) Disbursement of rental replacement housing payment. All rental replacement housing payments in excess of $500 will be made in 4 equal installments on an annual basis. Before making each installment payment, the Relocation Agency must verify that the tenant is in decent, safe and sanitary housing.
(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.
(1) The down payment shall be the amount necessary to make a down payment on a suitable replacement dwelling. Determination on the amount "necessary" for such down payment shall be based on down payment that would be required for a conventional loan.
(2) Incidental expenses of closing the transaction are those as described in subdivision (m)(3) of this section.
(3) The full amount of the down payment must be applied to the purchase price and such down payment and incidental costs shown on the closing statement.
(q) Computation of replacement housing payment for certain others.
(1) A displaced owner-occupant not eligible under subdivision (k) of this section, replacement housing payment for homeowner, because he elects not to purchase a replacement dwelling, but wishes to rent, may receive a rental replacement housing payment not to exceed $4,000. The payment shall be computed in the same manner as indicated in subdivision (o) of this section except that the present rental rate for the original dwelling shall be the economic rent as determined by market data.
(2) A displaced owner-occupant who does not qualify for a replacement housing payment under subdivision (k) herein, because of the 180 day occupancy requirement and elects to rent, is eligible for rental replacement housing not to exceed $4,000. The payment will be computed in the same manner as indicated herein, except that the present rental rate for the original dwelling shall be the economic rent as determined by market data.
(3) A displaced owner-occupant who does not qualify for a replacement housing payment under subdivision (k) herein because of the 180 day occupancy requirement and elects to purchase a replacement dwelling, is eligible for a replacement housing downpayment and closing cost not to exceed $4,000. The payment will be computed in the same manner as shown herein.
(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.
(2) Two or more families occupying one apartment and being relocated shall each be entitled to the benefits contained herein upon their permanently relocating off-site to separate standard accommodations.
(3) Payments under subdivision (r) herein are not payable and available to displaced persons unless the person moves after title to the property occupied vests in the City of New York.
(4) The actual amount of the bonus or relocation allowance payment provided in this subdivision (r) to be paid to displaced persons shall be reduced by any amounts paid or credited to that displaced person for a Dislocation Allowance (subdivision (j), a Replacement Housing Payment for Homeowners of this section, and/or a Replacement Housing Payment for Tenants and Certain Others (subdivision (n) of this section).
(5) Bonus payment is limited to $100 where the tenant is institutionalized.
(6) For the purpose of this section, Public Housing is defined as all housing is provided in the "Definitions" herein and to all types of equivalent housing including, Rent Supplement and Capital Grant Assistance.
(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 Rooms Payment
1 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.
(1) General. The Department of Housing Preservation and Development as soon as practical after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, shall reimburse the owner to the extent the head of the Relocation Agency deems fair and reasonable for expenses such owner necessarily incurred, if not paid through some other source for:
(i) Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the City of New York; and
(ii) Penalty costs for prepayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and
(iii) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting of title in the City of New York, or the effective date of possession of such real property by the City of New York, whichever is earlier.
(2) Documentation in support of a claim. If real property is acquired by condemnation, a claim for payment under paragraph 1 of this subdivision shall be submitted to the Relocation Agency and supported by such documentation as may be required by the head of the Relocation Agency. If the real property is acquired by purchase, payment shall be made at settlement of the acquisition and accounted for in the settlement statement, on the basis of such documentation as may be required by the Relocation Agency.
(3) Time for filing settlement cost claims. Each such claim shall be submitted to the relocation agency within a period of 6 months after either the acquisition of the property or the effective date of these rules and regulations, whichever is later.
(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.
(1) The head of the Relocation Agency shall provide relocation assistance for displaced persons and shall offer services which should include:
(i) Determine the need, if any, of displaced persons for relocation assistance.
(ii) Provide current and continuing information on the availability, prices and rentals of comparable decent, safe and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses.
(iii) Assist a person displaced from his business in obtaining and becoming established in a suitable replacement location.
(iv) Supply information concerning Federal, State and City housing program disaster loan programs and other Federal, State or City programs offering assistance to displaced persons.
(v) Provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation.
(vi) The Commissioner of the Department of Housing Preservation and Development shall coordinate all relocation activities with project work, and other planned or proposed governmental actions in the community or nearby areas which may affect the carrying out of relocation assistance programs.
(2) If the Commissioner of the Department of Housing Preservation and Development determine that any person occupying property immediately adjacent to the real property acquired is caused substantial economic injury because of the acquisition, he may offer such person relocation advisory services under such program.
(3) The head of the Relocation Agency shall make every effort to pay promptly any displaced person who makes application for payments authorized by these regulations after a move, or in hardship cases, advance payments may be authorized.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-56514Fetched: 10/24/2026