NRCS Responses to Questions Raised on/after July 25, 2023 Public Meeting at AJP Community Center
Village of Rye Brook – NRCS Recovery program – Hurricane Ida
Please see the replies below in red from Peter Gibbs, NRCS NY Easement Program Manager:
A family lives on an eligible property and had plans to put their house on the market this fall. Are they required to disclose to a potential buyer that our property is eligible for the buyout? They assume the NRCS and the Village would want any property owner eligible to be aware of the program, and they were wondering if there is any specific rule or law or language that states what must be disclosed.
Peter Gibbs Response: I don’t believe there is a specific rule. I believe the way we handled that kind of transaction with Whitestown, NY, and how it would work here would be for the Village to approach the new owner to see if they have any interest in enrolling in the program. With Whitestown, some said they were interested and enrolled. Given the rule requiring having to state a house has been flooded, I would think that too would have to be listed relative to posting a house for sale. That said, I am not a lawyer and don’t know how that would work.
Chris Bradbury Additional Info: In case you are not aware, there is a new NYS requirement to complete a form disclosing any home that has been flooded. I am sure that your real estate representative or real estate lawyer can provide that form to you. Also, if you do not apply now, and later put it on market, the new owner may not be able to join later especially if the appraiser evaluation may be completed. If you do join the NRCS program now, I would think you would want to disclose it- just to be transparent.
If a home has Solar Panels, can the property owner remove them or add them to the total appraisal value after the appraisal has been completed? Basically, they are wondering if they feel they don’t add as much to the appraisal value they could then decide to remove them understanding that the total property value would be paid would be reduced by the value of the panels. In short, can the value of the solar panels be determined as a separate line item by the appraiser and then the homeowner could decide whether to sell the home with them still on, or remove them for reuse elsewhere.
Peter Gibbs Response: I am going to say yes, it can be a separate line item which would give the landowner the option of removing them or not. If they remove them, the purchase price is adjusted accordingly. Quite frankly, it they can be reused rather than trashed that would be great. Obviously [it is] the choice of the homeowner.
Many people wanted to know how long after the appraisal they can have to make a decision on whether or not we want to sell.
Peter Gibbs Response: Given the Village will be extending the offer to purchase, I am going to say that it is the Village’s decision to make.
Chris Bradbury Additional Info: In reviewing the last response, this is something we will have to talk to the Village Board about in the next few months and create an estimated timeline for each of the next steps. We would need to get a sense of who may want to accept the appraisals (after they are completed) so we can plan for the home removals and re-grading of properties, but I would think there will be a good amount of time before a closing is scheduled so people can have a reasonable amount of time to look for another home.