Section 74-B. Payment of moving and relocation expenses of residential and commercial owners and tenants of appropriated property  


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  • 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.