New York Codes Rules Regulations (Last Updated: March 27,2024) |
TITLE 7. Department of Corrections and Community Supervision |
Chapter VII. Real Property Acquisition |
Sec. 400.12. Hardship cases
Latest version.
- (a) Notwithstanding any other provisions contained in this Part, the commissioner is authorized in hardship cases to make advance payments in anticipation of the eligible persons actually completing his moving of personal property or actually purchasing or renting and occupying decent, safe and sanitary replacement housing. The commissioner may authorize the advance payment of the amount determined by him to represent reasonable and necessary moving expenses or the amount of the approved supplemental relocation payment deemed necessary to purchase or rent decent, safe and sanitary replacement housing. In the case of a supplemental relocation payment, payment can only be made if there is a signed contract for the purchase of a replacement property, or in the case of a replacement rental unit, if there is a signed lease or some other firm commitment. In both instances, the proposed replacement housing must be inspected prior to payment for a determination of compliance with decent, safe and sanitary standards.(b) When determined by the commissioner that an unusual or hardship situation exists and it is determined to be in the public interest, he may authorize relocation payments even though the strict requirements of eligibility and reimbursement specified in this Part are not met.