us-hi-regs-official-a5fa62685152ef9261acba9b2216c15c1ffbdf2beb7dc24cc0d3e6dd06634864•Title 17 – Chapter 2017 – Assistance to Displaced Persons
Title 17 – Chapter 2017 – Assistance to Displaced Persons
us-hi-regs-official-a5fa62685152ef9261acba9b2216c15c1ffbdf2beb7dc24cc0d3e6dd06634864Title 17 – Chapter 2017 – Assistance to Displaced PersonsRegulation
DEPARTMENT OF HUMAN SERVICES Repeal of Chapter 15-179 and Adoption of Chapter 17-2017 Hawaii Administrative Rules October 21, 2004 1. Chapter 179 of Title 15, Hawaii Administrative Rules, is repealed. 2. Chapter 2017 of Title 17, Hawaii Administrative Rules, entitled "Assistance to Displaced Persons 0 is adopted. DEPARTMENT OF HUMAN SERVICES Repeal of Chapter 15-179 and Adoption of Chapter 17-2017 Hawaii Administrative Rules October 21, 2004 1. Chapter 179 of Title 15, Hawaii Administrative Rules, is repealed. 2. Chapter 2017 of Title 17, Hawaii Administrative Rules, entitled "Assistance to Displaced Persons" is adopted. � � ��
HAWAII ADMINISTRATIVE RULES TITLE 15 DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM SUBTITLE 14 HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII CHAPTER 179 ASSISTANCE TO DISPLACED PERSONS Repealed §§15-179-1 to 15-17 9-20 Repealed. [R NOV 15, 2004 ] HAWAII ADMINISTRATIVE RULES TITLE 15 DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM SUBTITLE 14 ROUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII CHAPTER 179 ASSISTANCE TO DISPLACED PERSONS Repealed $S15-179-1 to 15-179-20 Repealed. I R N OV I5 2004 1 � � �� �
HAWAII ADMINISTRATIVE RULES TITLE 17 DEPARTMENT OF HUMAN SERVICES SUBTITLE 5 HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII §17-2017-1 §17-2017-2 §17-2017-3 §17-2017-4 §17-2017-5 §17-2017-6 §17-2017-7 §17-2017-8 §17-2017-9 §17-2017-10 §17-2017-11 §17-2017-12 §17-2017-13 CHAPTER 2017 ASSISTANCE TO DISPLACED PERSONS Purpose and applicability Definitions Relocation payments Application Prompt payments Partial acquisition Inspection of books Replacement housing payment Replacement housing payment to a one-year owner-occupant who purchases Replacement housing payment to owner-occupants who rent Replacement housing payment to owner-occupants fpr.less thah one year but not less than ninety days who purchase Replacement housing payment to owner-occupants for less than one year but not less than ninety days who rent Replacement housing payment to tenant-occupants for ~ot less than ninety days who rent 2017-1 HAWAII ADMINISTRATIVE RULES TITLE 17 DEPARTMENT OF HUMAN SERVICES SUBTITLE 5 HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAII §17-2017-1 §17-2017-2 §17-2017-3 §17-2017-4 §17-2017-5 §17-2017-6 §17-2017-7 $17-2017-8 §17-2017-9 §17-2017-10 §17-2017-11 $17-2017-12 §17-2017-13 CHAPTER 2017 ASSISTANCE TO DISPLACED PERSONS Purpose and applicability Definitions Relocation payments Application Prompt payments Partial acquisition Inspection of books Replacement housing payment Replacement housing payment to a one-year owner-occupant who purchases Replacement housing payment to owner-occupants who rent Replacement housing payment to owner-occupants for.less than year but not less than ninety who purchase one days Replacement housing payment to owner-occupants for less than one year but not less than ninety days who rent Replacement housing payment to tenant-occupants for not less than ninety days who rent 2017- 1 2.6 01
§17-2017-1 §17-2017-14 §17-2017-15 §17-2017-16 §17-2017-17 §17-2017-18 §17-2017-19 §17-2017-20 Replacement housing payment to tenant-occupants for not less than ninety days who purchase Replacement housing payment to tenant of sleeping room who rents Decent, safe, and sanitary housing Right to appeal Documentation Assurance of availability of housing Relocation assistance programs Historical·note: Chapter 2017 of Title 17, Hawaii Administrative Rules, is based substantially upon Chapter 391 of Title 6, Hawaii Administrative Rules, [Eff 8/25/90; R 10/25/99], and Chapter 179 of Title 15, Hawaii Administrative Rules [Eff 10/25/99; R NOV 1 5_ 200A 1 §17-2017-1 Purpose and applicability. The purpose of this rule is to implement chapter 111, HRS. These rules are not applicable in instances where state agencies use federal funds (total or partial) to implement a project which causes displacement of individuals, families, businesses, farms or non-profit organizations; applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (ORA), as amended, shall apply to relocatj&~~ when federal funds are involved. tEff llUV } 5 2004 ] (Auth: HRS §111-9) (Imp: HRS §111-9; 49 CFR Part 24) §17-2017-2 Definitions. The terms "business", "displaced person", 0 family", "farm operation", "person" and "state agency" shall be defined as set forth in section 111-2, ~RS. As used in this chapter: "Comparable dwelling" means one which when compared with the dwelling being taken is: (1) Decent, safe, and sanitary; (2) Functionally equivalent and substantially 2017-2 §17-2017-1 §17-2017-14 §17-2017-15 §17-2017-16 §17-2017-17 §17-2017-18 §17-2017-19 §17-2017-20 Replacement housing payment to tenant-occupants for not less than ninety days who purchase Replacement housing payment to tenant of sleeping room who rents Decent, safe, and sanitary housing Right to appeal Documentation Assurance of availability of housing Relocation assistance programs Historical·note: Chapter 2017 of Title 17, Hawaii Administrative Rules, is based substantially upon Chapter 391 of Title 6, Hawaii Administrative Rules, [Eff 8/25/90; R 10/25/99], and Chapter 179 of Title 15, Hawaii Administrative Rules [Eff 10/25/99; R NOV 1 5_ 200A 1 §17-2017-1 Purpose and applicability. The purpose of this rule is to implement chapter 111, HRS. These rules are not applicable in instances where state agencies use federal funds (total or partial) to implement a project which causes displacement of individuals, families, businesses, farms or non-profit organizations; applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (ORA), as amended, shall apply to relocatj&~~ when federal funds are involved. tEff llUV } 5 2004 ] (Auth: HRS §111-9) (Imp: HRS §111-9; 49 CFR Part 24) §17-2017-2 Definitions. The terms "business", "displaced person", 0 family", "farm operation", "person" and "state agency" shall be defined as set forth in section 111-2, ~RS. As used in this chapter: "Comparable dwelling" means one which when compared with the dwelling being taken is: (1) Decent, safe, and sanitary; (2) Functionally equivalent and substantially 2017-2 2 6 01 §17-2017-1 §17-2017-14 §17-2017-15 §17-2017 - 16 §17-2017-17 §17-2017-18 §17-2017-19 §17-2017-20 Replacement housing payment to tenant-occupants for not less than ninety days who purchase Rep l acement housing payment to tenant of sleeping room who rents Decent, s afe, and sanitary housing Right to appeal Documentation Assurance of availability of housing Relocation assistance programs Historical note: Chapter 2017 of Title 17, Hawaii Administrative Rules, is based substantially upon Chapter 391 of Title 6, Hawaii Administrative Rules, [Eff 8/25/90; R 10/25/99], and Chapter 179 of Title 15, Hawaii Administrative Rules [Eff 10/25/99; � NOV 1 5 2004 §17-2017-1 Purpose and applicability. The purpose of this rule is to implement chapter 111, HRS. These rules are not applicable in instances where state agencies use federal funds (tot a l or partial) to implement a project which causes displacement of individuals, families, businesses, farms or non-profit organizations; applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (URA), as amended, shall apply to reloca t ions when federal funds are involved. tErf NUV I 5 2004 1 (Auth: HRS $111-9) (Imp: HRS §111-9; 49 CFR Part 24) §17-2017-2 Definitions. The terms "business", "displaced person", "family", "farm operation", "person" and "state agency" shall be defined as set forth in section 111-2, HRS. As used in this chapter: "Comparable dwelling" means one which when compared with the dwelling being taken is: (1) Decent, safe, and sanitary; (2) Functionally equivalent and substantially 2017-2
the same with respect to number of rooms, area of living space, type of construction, age, and state of repair; (3) In areas not generally less desirable than the dwelling to be acquired in regard to public utilities, and public and commercial facilities; (4) Reasonably accessible to the displaced person's place of employment; (5} Adequate to accommodate the relocatee; (6) In an equal or better neighborhood; (7) Available on the market; and (8) Open to all persons regardless of race, color, religion, sex or national origin; "Corporation 11 means the housing and community development corporation of Hawaii created under chapter 201G, HRS. , "Eligible person" means any displaced person who is, or becomes, lawfully entitled to any payment under these rules. 11 Executive director" means the executive director employed by the corporation or the executive director's designated representative. nindividual" means a person who is not a member of a family. "Moves in reasonable expectation". A person who moves from real property subsequently acquired for public purposes as a result of the '' reasonable expectation of acquisition of such real property" is one who is in occupancy on the date of the first written offer to purchase the property and meets the occupancy requirements. The occupancy requirements must be computed from the date the person moves. "Moving expenses" includes the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, reinstalling of personal property, including service charge in connection with effecting such reinstallations, exclusive of the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection 2017-3 �� �� � � � ��� the same with respect to number of rooms, area of living space, type of construction, age, and state of repair; (3) In areas not generally less desirable than the dwelling to be acquired in regard to public utilities, and public and commercial facilities; (4) Reasonably accessible to the displaced person's place of employment; (5) Adequate to accommodate the relocatee; (6) In an equal or better neighborhood; (7) Available on the market; and (8) Open to all persons regardless of race, color, religion, sex or national origin; "Corporation" means the housing and community development corporation of Hawaii created under chapter 201G, HRS. "Eligible person" means any displaced person who is, or becomes, lawfully entitled to any payment under these rules. "Executive director" means the executive director employed by the corporation or the executive director's designated representative. "Individual" means a person who is not a member of a family. "Moves in reasonable expectation". A person who moves from real property subsequently acquired for public purposes as a result of the "reasonable expectation of acquisition of such real property" is one who is in occupancy on the date of the first written offer to purchase the property and meets the occupancy requirements. The occupancy requirements must be computed from the date the person moves. "Moving expenses" includes the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, reinstalling of personal property, including service charge in connection with effecting such reinstallations, exclusive of the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection 2017-3 2.6 .01
§17-2017-2 therewith, and necessary temporary lodging and transportation of eligible persons. "Owner 71 means: (1} Owning, legally or equitably, the fee sireple estate, a life estate, a ninety-nine year lease, or other proprietary interest in the property; (2} The contract purchaser of any of the foregoing estates or interest; or (3) Who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by such methods, the tenure of the succeeding owner shall include the tenure of the preceding owner. "State" means the State of Hawaii. [Eff NOV 15 2004 J (Auth: HRS §§111-2, 111-9) (Imp: HRS §§111-2, 111-9) §17-2017-3 Relocation payments. (a} Except as provided below, any individual, family, business, or farm operation displaced by a state agency is entitled to receive a payment for actual reasonable moving expenses supported by a receipted bill or other evidences of expenses incurred. The distance of the move shall not exceed fifty miles measured in a straight line. There is no occupancy time limit for eligibility for moving expense payments. Where it is shown to be in the public interest, the executive director may give prior approval to more than one move of a displaced person. In order to obtain a moving expense payment, a displaced person must file written claim with the displacing state agency on a form approved by the corporation. Except for hardship cases, the moving expense payment shall be made only after the move is accomplished. By written prearrangement among the displacing state agency, the displaced person, and the mover, a displaced person may present an unpaid moving bill to the displacing state agency and the agency may pay the mover directly. A state agency may enter into a contract 2017-4 §17-2017-2 therewith, and necessary temporary lodging and transportation of eligible persons. "Owner 71 means: (1} Owning, legally or equitably, the fee sireple estate, a life estate, a ninety-nine year lease, or other proprietary interest in the property; (2} The contract purchaser of any of the foregoing estates or interest; or (3) Who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by such methods, the tenure of the succeeding owner shall include the tenure of the preceding owner. "State" means the State of Hawaii. [Eff NOV 15 2004 J (Auth: HRS §§111-2, 111-9) (Imp: HRS §§111-2, 111-9) §17-2017-3 Relocation payments. (a} Except as provided below, any individual, family, business, or farm operation displaced by a state agency is entitled to receive a payment for actual reasonable moving expenses supported by a receipted bill or other evidences of expenses incurred. The distance of the move shall not exceed fifty miles measured in a straight line. There is no occupancy time limit for eligibility for moving expense payments. Where it is shown to be in the public interest, the executive director may give prior approval to more than one move of a displaced person. In order to obtain a moving expense payment, a displaced person must file written claim with the displacing state agency on a form approved by the corporation. Except for hardship cases, the moving expense payment shall be made only after the move is accomplished. By written prearrangement among the displacing state agency, the displaced person, and the mover, a displaced person may present an unpaid moving bill to the displacing state agency and the agency may pay the mover directly. A state agency may enter into a contract 2017-4 §17-2017-2 therewith, and necessary temporary lodging and transportation of eligible persons. "Owner" means: (1) Owning, legally o r e quitably, the fee simple estate, a life estate, a ninety-nine year lease, or other proprietary interest in the property; (2) The contract purchaser of any of the foregoing estates or interest; or (3) Who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law. In the event of acquisition of ownership by such methods, the tenure of the succeeding owner shall include the tenure of the preceding owner. "State" means the State of Hawaii. [Err NOV 15 Z004 1 (Auth: HRs ss111-2, 111-9) (Imp: HRS §§111-2, 111-9) §17-2017-3 Relocation payments. (a) Except as provided below, any individual, family, business, or farm operation displaced by a state agency is entitled to receive a payment for actual reasonable moving expenses supported by a receipted bill or other evidences of expenses incurred. The distance of the move shall not exceed fifty miles measured in a straight line. There is no occupancy time limit for eligibility for moving expense payments. Where it is shown to be in the public interest, the executive director may give prior approval to more than one move of a displaced person. In order to obtain a moving expense payment, a displaced person must file written claim with the displacing state agency an a form approved by the corporation. Except for hardship cases, the moving expense payment shall be made only after the move is accomplished. By written prearrangement among the displacing state agency, the displaced person, and the mover, a displaced person may present an unpaid moving bill to the displacing state agency and the agency may pay the mover directly. A state agency may enter into a contract 2017-4
with independent movers on a schedule basis and
furnish a displaced person with a list of movers to
choose from to move the person's property. In such
i~stances, the state agency shall pay the mover.
(b) Optional payments:
(1) In the case of a self-move, the
business or farm operation may be paid
an amount to be negotiated between the
displacing state agency and the
displaced business or farm operation
not to exceed the lower of two firm
bids or estimates obtained by the state
agency or prepared by qualified state
estimators other than the employee
handling the claim. The cost of
obtaining firm bids or estimates is
considered eligible for reimbursement.
(2) A displaced business or farm operation
may elect to accept the optional
payments authorized in section 111-3,
HRS.
{A) The term "average annual net
earnings" means one-half of any
net earnings of the business
before federal, state, and local
income taxes, during the two
taxable years immediately
preceding the taxable year in
which the business is displaced.
"Average annual net earnings"
includes any compensation paid by
the business to the owner, the
owner's spouse, or the owner's
dependents during the two-year
period. Such earnings and
compensation may be established by
federal or state income tax
returns filed by the business and
its owner and the owner's spouse
and dependents during the two-year
period. In the case of a
corporate owner of a business,
2017-5 2 6 L01
�� � � � � ���
with independent movers on a schedule basis and
furnish a displaced p erson with a list of movers to
choose from to move the person's p ropert y . In such
instances, the state agency shall pay the mover.
(b) Optional payments:
(1) In the case of a self-move, the
business or farm operation ma y be p aid
an amount to be negotiated between the
displacing state agency and the
displaced business or farm operation
not to exceed the lower of two firm
bids or estimates obtained by the state
agency or prepared by qualified state
estimators other than the employee
handling the claim. The cost of
obtaining firm bids or estimates is
considered eligible for reimbursement.
(2) A displaced business or farm o p eration
may elect to accept the optional
payments authorized in section 111-3,
HRS.
(A) The term "average annual net
earnings" means one-half of any
net earnings of the business
before federal, state, and local
income taxes, during the two
taxable years immediately
preceding the taxable year in
which the business is displaced.
"Average annual net earnings"
includes any compensation paid by
the business to the owner, the
owner's spouse, or the owner's
dependents during the two-year
period. Such earnings and
compensation may be established by
federal or state income tax
returns filed by the business and
its owner and the owner's spouse
and dependents during the two-year
period. In the case of a
corporate owner of a business,
2017-5 2 6 01§17-2017-3
earnings shall include any
compensation paid to the spouse or
dependents of the owner of a
majority interest in the
corporation. For the purpose of
determining majority ownership,
stock held by a husband, spouse
wife and their dependent children
shall be treated as one unit.
{B) For the owner of a displaced farm
operation, the displacing state
agency must determine that:
(i) The farm operator has
discontinued farm operations
at the present location; or
{ii) The entire farm operation has
been relocated to a new
location as a result of the
acquisition of real property.
(C) If the displaced business or farm
operation affected can show that
it was in business for twelve
consecutive months during the two
taxable years prior to the taxable
year in which it was displaced,
had income during such period and
is otherwise eligible, such
displaced business or farm
operation is eligible to receive
the payment in accordance with
subparagraph (A) and seqtion
111-3, HRS, and paragraph 2(A) of
this section. Where the business
or farm operation was in operation
for twelve consecutive months or
more but was not in operation
during the entire two preceding
years, the payment shall be
computed by dividing the net
earnings by the number of months
the business or farm operation was
2017-6
§17-2017-3
���� �� � �
earnings shall include any
compensation paid to the spouse or
dependents of the owner of a
majority interest in the
corporation. For the purpose of
determining majority ownership,
stock held by a husband, spouse
wife and their dependent children
shall be treated as one unit.
(B) For the owner of a displaced farm
operation, the displacing state
agency must determine that:
(i) The farm operator has
discontinued farm operations
at the present location; or
(ii) The entire farm operation has
been relocated to a new
location as a result of the
acquisition of real property.
(C) If the displaced business or farm
operation affected can show that
it was in business for twelve
consecutive months during the two
taxable years prior to the taxable
year in which it was displaced,
had income during such period and
is otherwise eligible, such
displaced business or farm
operation is eligible to receive
the payment in accordance with
subparagraph (A) and section
111-3, HRS, and paragraph 2(A) of
this section. Where the business
or farm operation was in operation
for twelve consecutive months or
more but was not in operation
during the entire two preceding
years, the payment shall be
computed by dividing the net
earnings by the number of months
the business or farm operation was
2017-6operated and multiplying by
twelve.
(c) For the owner of a business or farm operation
to be entitled to payment, the business or farm
operation must provide information to support its net
earnings.
(d) A displaced individual or family may elect to
accept the optional payments authorized in section
111-3(c), HRS. State agencies shall use the
guidelines outlined in exhibit "A", Optional Fixed
Payments Moving Cost Schedule Applicable to State
Funded Displacements, dated NOV 'l 5 2004 , l9cated
at the end of this chapter, when effecting opti6rial
fixed payments to individuals and families displaced
as a result of state agency action. Additionally, if
federal funds should be involved in a state agency
project resulting in displacement of individuals and
families, the state agencies shall apply the current
federal guidelines for effecting optional fixed
payments to those individuals and families.
(e} When necessary, a displaced person falling
within subsection (a} may store personal property for
a reasonable time, not to exceed one year,. pe~~g
location of replacement housing. The cost of such
storage shall be considered as part of the moving
costs. Such costs shall be paid only after a showing
of necessity for such storage and approval by the
displacing state agency4 This subsection shall not
apply to _2,ersons electing other optional payments.
[ E ff NUV l 5 2004 ] (Au th : HRS § § 111- 3 , 111- 9 )
{Imp: HRS §§111-3, 111-9)
§17-2017-4 Application. {a) No application for
any relocation payment authorized by section 17-2017-3
shall be accept~d more than eighteen months after the
date of displacement, nor shall any such payment be
made prior to the date of displacement except in cases
of hardship.
(b) Applications for any relocation payments
authorized by section 17-2017-3 shall be on forms
provided by the state agency and approved by the
2017-7
§17-201-4
operated and multiplying by
twelve.
(c) For the owner of a business or farm operation
to be entitled to payment, the· business or farm
operation must provide information to support its net
earnings.
(d) A displaced individual or family may elect to
accept the optional payments authorized in section
111-3(c), HRS. State agencies shall use the
guidelines outlined in exhibit "A", Optional Fixed
Payments Moving Cost Schedule Applicable to State
Funded Displacements, dated NOV 15 2004 , located
at the end of this chapter, when effecting optional
fixed payments to individuals and families displaced
as a result of state agency action . Additionally, if
federal funds should be involved in a state agency
project resulting in displacement of individuals and
families, the state agencies shall apply the current
federal guidelines for effecting optional fixed
payments to those individuals and families.
(e) When necessary, a displaced person fallin g
within subsection (a) may store personal property for
a reasonable time, not to exceed one year , pen din glocation of replacement housing. The cost of such
storage shall be considered as part of the moving
costs. Such costs shall be paid only after a showing
of necessity for such storage and approval by the
displacing state agency. This subsection shall not
apply to, persons electing other optional payments.
[Err NOV 15 2004 � (Auth: aRs ss111-3, 111-9)
(Imp: HRS SS111-3, 111-9)
§17-2017-4 Application. (a) No application for
any relocation payment authorized by section 17-2017-3
shall be accepted more than eighteen months after the
date of displacement, nor shall any such payment be
made prior to the date of displacement except in cases
of hardship.
(b) Applications for any relocation payments
authorized by section 17-2017-3 shall be on forms
provided by the state agency and approved by the
2017-7 2 6 10 1§17-2017-4
corporation, shall be accompanied by such information
and documents as may be required by the corporation
and shall be made directl~Oto the displacing state
agency. [Eff NO\I 15 Zu 4 ) (Auth: HRS §111-9)
{Imp: HRS §111-9)
§17-2017-5 Prompt payments. All relocation
payments authorized by section 17-2017-3 shall be paid
within thirty days after the date of displacement or
within thirty days after the date of application if
appliG.'t'.tion is
2
,m
0
ade after the date of displacement.
[Eff NUV 15 UI 4 ] (Auth: HRS §111-8) (Imp: HRS
§111-8)
§17-2017-6 Partial acquisition. Where partial
acquisition of real property occurs, the cost of
moving personal property from the area acquired to a
remainder area shall be considered moving expenses
eligible for compensation if removal of the property
is necessary and is not otherwise compensated.
(Eff NOV 15 2004 ] (Auth: HRS §111-9) (Imp: HRS
§111-9) •
§17-2017-7 Inspection of books. All books and
records kept by a business or farm operation regarding
actual moving expenses incurred shall be,subject to
review and audit by a representative 'Of the displacing
state agency during reasonable business hours.
i~ii~aNOV 15 _2004 ) (Auth: HRS §111-8) (Imp: HRS
§17-2017-8 Replacement housing payment. (a) In
addition to other payments authorized herein,
displaced individuals a~d families are entitled to
supplementary payments in accordance with this
section.
2017-8
§17-2017-4
corporation, shall be accompanied by such information
and documents as may be required by the corporation
and shall be made directl~Oto the displacing state
agency. [Eff NO\I 15 Zu 4 ) (Auth: HRS §111-9)
{Imp: HRS §111-9)
§17-2017-5 Prompt payments. All relocation
payments authorized by section 17-2017-3 shall be paid
within thirty days after the date of displacement or
within thirty days after the date of application if
appliG.'t'.tion is
2
,m
0
ade after the date of displacement.
[Eff NUV 15 UI 4 ] (Auth: HRS §111-8) (Imp: HRS
§111-8)
§17-2017-6 Partial acquisition. Where partial
acquisition of real property occurs, the cost of
moving personal property from the area acquired to a
remainder area shall be considered moving expenses
eligible for compensation if removal of the property
is necessary and is not otherwise compensated.
(Eff NOV 15 2004 ] (Auth: HRS §111-9) (Imp: HRS
§111-9) •
§17-2017-7 Inspection of books. All books and
records kept by a business or farm operation regarding
actual moving expenses incurred shall be,subject to
review and audit by a representative 'Of the displacing
state agency during reasonable business hours.
i~ii~aNOV 15 _2004 ) (Auth: HRS §111-8) (Imp: HRS
§17-2017-8 Replacement housing payment. (a) In
addition to other payments authorized herein,
displaced individuals a~d families are entitled to
supplementary payments in accordance with this
section.
2017-8
§17-2017-4
corporation, shall be accompanied by such information
and documents as may be required by the corporation
and shall be made directl~Oto the displacing state
agency. [Eff NO\I 15 Zu 4 ) (Auth: HRS §111-9)
{Imp: HRS §111-9)
§17-2017-5 Prompt payments. All relocation
payments authorized by section 17-2017-3 shall be paid
within thirty days after the date of displacement or
within thirty days after the date of application if
appliG.'t'.tion is
2
,m
0
ade after the date of displacement.
[Eff NUV 15 UI 4 ] (Auth: HRS §111-8) (Imp: HRS
§111-8)
§17-2017-6 Partial acquisition. Where partial
acquisition of real property occurs, the cost of
moving personal property from the area acquired to a
remainder area shall be considered moving expenses
eligible for compensation if removal of the property
is necessary and is not otherwise compensated.
(Eff NOV 15 2004 ] (Auth: HRS §111-9) (Imp: HRS
§111-9) •
§17-2017-7 Inspection of books. All books and
records kept by a business or farm operation regarding
actual moving expenses incurred shall be,subject to
review and audit by a representative 'Of the displacing
state agency during reasonable business hours.
i~ii~aNOV 15 _2004 ) (Auth: HRS §111-8) (Imp: HRS
§17-2017-8 Replacement housing payment. (a) In
addition to other payments authorized herein,
displaced individuals a~d families are entitled to
supplementary payments in accordance with this
section.
2017-8
§17-2017-4
corporation, shall be accompanied by such information
and documents as may be required by the corporation
and shaii be made di-fz hOnj° the displacing state
agency. [Eff NOV 15 2UU4 j (Auth: HRS $111-9)
(Imp: HRS §111-9)
§17-2017-5 Prompt payments. All relocation
payments authorized by section 17-2017-3 shall be paid
within thirty days after the date of displacement or
within thirty days after the date of application if
P21i
8
8i}
3
2
88
1
after che date or displacement.
(E±s NOV 15 2004 1 (Auth: HRs s111-8) (Imp: HRs
§111-8)
§17-2017-6 Partial acquisition. Where partial
acquisition of real property occurs, the cost of
moving personal property from the area acquired to a
remainder area shall be considered moving expenses
eligible for compensation if removal of the property
is necessary and is not otherwise compensated.
(Esf NOV 15 2004
1
(Aut
h
:
aRs s111-9
)
(Imp: HRS
S111-9)
§17-2017-7 Inspection of books. All books and
records kept by a business or farm operation r egarding
actual moving expenses incurred shall be subject to
review and audit by a representative of the displacing
state agency during reasonable business hours.
� � E - NOV 15 2004 a«en: ses s111-8) (amp: ass
$17-2017-8 Replacement housing payment. (a) In
addition to other payments authorized herein,
displaced individuals and families are entitled to
supplementary payments in accordance with this
section.
2017-8(b) For the purpose of this section, the term
"dwelling" includes a condominium or cooperative
apartment.
(c) Applications for supplementary payments
snall be on a form approved by the corporation and
shall be filed with the state agency no later than
eighteen months after the date on which the displaced
individual or family was required to vacate the
dwelling taken for the project, or six months after
final adjudication of the condemnation case, whichever
is later.
{d) The payments described in this section shall
be made directly to the lessor for rent or to the
seller for application on payment for a decent, safe,
and sanitary dwelling. Upon specific request in the
application, the state agency may make payments into
escrow prior to the displaced person's moving.
(e) Prior to any payment, the state agency shall
cause the proposed replacement dwelling to be
inspected to ascertain that it meets the standards
established herein for decent, safe, and sanitary
housing.
(f) An advance replacement housing payment can
be computed and paid to a property owner if the
determination of the state's acquisition price will be
delayed pending the outcome of condemnation
proceedings. A provisional replacement housing
payment shall be calculated by deeming the State 1 s
maximum offer for the property as the acquisition
price. Pay~ent of such amount may be made upon the
owner-occupant's agreement that:
{1) Upon final determination of the condemnation
proceeding the replacement housing payment
will be recomputed using the acquisition
price determined by the court as compared to
the average price required to acquire a
comparable decent, safe, and sanitary
dwelling; and
(2) If the amount awarded in the condemnation
proceeding as the fair market value of the
property acquired plus the amount of the
provisional replacement housing payment
2017-9 •2 6 01
(b) For the purpose of this section, the term
"dwelling" includes a condominium or cooperative
apartment.
(c) Applications for supplementary payments
snall be on a form approved by the corporation and
shall be filed with the state agency no later than
eighteen months after the date on which the displaced
individual or family was required to vacate the
dwelling taken for the project, or six months after
final adjudication of the condemnation case, whichever
is later.
{d) The payments described in this section shall
be made directly to the lessor for rent or to the
seller for application on payment for a decent, safe,
and sanitary dwelling. Upon specific request in the
application, the state agency may make payments into
escrow prior to the displaced person's moving.
(e) Prior to any payment, the state agency shall
cause the proposed replacement dwelling to be
inspected to ascertain that it meets the standards
established herein for decent, safe, and sanitary
housing.
(f) An advance replacement housing payment can
be computed and paid to a property owner if the
determination of the state's acquisition price will be
delayed pending the outcome of condemnation
proceedings. A provisional replacement housing
payment shall be calculated by deeming the State 1 s
maximum offer for the property as the acquisition
price. Pay~ent of such amount may be made upon the
owner-occupant's agreement that:
{1) Upon final determination of the condemnation
proceeding the replacement housing payment
will be recomputed using the acquisition
price determined by the court as compared to
the average price required to acquire a
comparable decent, safe, and sanitary
dwelling; and
(2) If the amount awarded in the condemnation
proceeding as the fair market value of the
property acquired plus the amount of the
provisional replacement housing payment
2017-9 •2 6 01
§17-201-8
(b) For the purpose of this section, the term
"dwelling" includes a co n dominium or cooperative
apartment.
(c) Applications for supplementary payments
shall be on a form approved by the corporation and
shall be filed with the state agency no later than
eighteen months after the date on which the displaced
individual or family was required to vacate the
dwelling taken for the project, or six months after
final adjudication of the condemnation case, whichever
is later.
(d) The p ayments described in this section shall
be made directly to the lessor for rent or to the
seller for application on payment for a decent, safe,
and sanitary dwelling. Upon specific request in the
application, the state agency may make payments into
escrow prior to the displaced person's moving.
(e) Prior to any p ayment, the state agency shall
cause the proposed replacement dwelling to be
inspected to ascertain that it meets the standards
established herein for decent, safe, and sanitary
housing.
(f) An advance replacement housing payment can
be computed and paid to a property owner if the
determination of the state's acquisition price will be
delayed pending the outcome of condemnation
proceedings. A provisional replacement housing
payment shall be calculated by deeming the State's
maximum offer for the property as the acquisition
price. Payment of such amount may be made upon the
owner-occupant's agreement that:
(1) Upon final determination of the condemnation
proceeding the replacement housing payment
will be recomputed using the acquisition
price determined by the court as compared to
the average price required to acquire a
comparable decent, safe, and sanitary
dwelling; and
(2) If the amount awarded in the condemnation
proceeding as the fair market value of the
property acquired plus the amount of the
provisional replacement housing payment
2017-9 26 012-6 tO 1 §17-2017-8 exceeds the cost of an ayerage comparable dwelling, the property owner will refund to the state agency from the judgment, an amount equal to the amount of the excess. However, in no event, shall the owner be required to refund more than the amount of the replacement housing payment advanced. If the property owner does not agree to such adjustment, the replacement housing payment shall be deferred until the case is finally adjudicated and computed on the basis of the final determination, using the award as the acquisition price. (g) Any eligible person who obtained legal ownership of a replacement dwelling before being displaced and occupies the replacement dwelling within one year from the date the person is required to move in is eligible for the replacement housing payment if the dwelling meets the requirements of section 17-2017-16 or is improved to meet those requirements within the one year period. (h} If two or more eligible displaced persons occupy the same dwelling unit, they should be treated as a single unit in computing the amount of the replacement housing payment due. In order to receive payment, such displaced persons shall not be required to relocate together but all relocatees must move to decent, safe and sanitary housing. The payment shall be made to them jointly with the apportionment to be made by the_relocatees. (i) Where displaced individuals or families occupy living quarters on the same premises as a displaced business, farm, or nonprofit organization, such individuals or families are separate displaced persons for purposes of determining entitlement to relocation payments. (j} The person who establishes the estimate of value of replacement housing payment shall not negotiate for the parcel nor deliver the payment to the displaced person. This also is applicable to situations where such payments and services are being administered by another federal, state, or local 2017-10 26 0 1 §17-2017-8 exceeds the cost of an average comparable dwelling, the property owner will refund to the state agency from the judgment, an amount equal to the amount of the excess. However, in no event, shall the owner be required to refund more than the amount of the replacement housing payment advanced. If the property owner does not agree to such adjustment, the replacement housing payment shall be deferred until the case is finally adjudicated and computed on the basis of the final determination, using the award as the acquisition price. ( g ) Any eligible person who obtained legal ownership of a replacement dwelling before being displaced and occupies the replacement dwelling within one year from the date the person is required to move in is eligible for the replacement housing payment if the dwelling meets the requirements of section 17-2017-16 or is improved to meet those requirements within the one year period. (h) If two or m ore eligible displaced persons occupy the same dwelling unit, they should be treated as a single unit in computing the amount of the replacement housing payment due. In order to receive payment, such displaced persons shall not be required to relocate together but all relocatees must move to decent, safe and sanitary housing. The payment shall be made to them jointly with the apportionment to be made by the relocatees. (i) Where displaced individuals or families occupy living quarters on the same premises as a displaced business, farm, or nonprofit organization, such individuals or families are separate displaced persons for purposes of determining entitlement to relocation payments. (j) The person who establishes the estimate of value of replacement housing payment shall not negotiate for the parcel nor deliver the payment to the displaced person. This also is applicable to situations where such payments and services are being administered by another federal, state, or local 2017-10
agency.
[ Ef f NII\/ 1
!)
2U04
]
(Auth:
111-9)
(
Imp:
l-H'fS
§nll-4,
111-9)
HRS
§§111-4,
§17-2017-9 Replacement
housing
payment
to
a
one-year
owner-occupant
who
purchases.
{a) A
displaced
owner-occupant
of
a
one,
two,
or
three
family dwelling
is eligible
for
a
replacement housing
payment
in
accordance
with
section
111-4{a),
HRS.
(b}
The
average
price
of
a
comparable
dwelling
shall
be
established
by one
of the
folJowing
methods:
{1}
The
state
agency
may
determine
the
average
price
of
a
comparable
dwelling
by
using
a
qualified
state
agency
employee
who
is
familiar
with
real
property
values
and
real
estate
transactions to select
at least
three
dwellings
comparable
in
value
to
thereplacement housing
unit
purchased;
or
(2) The
state
agency
or the corporation
may make
a
locality-wide
study
which
will
develop
the
probable average
selling price
of various
classes
of dwelling
units available
on
the
market. In
large
urban
areas,
this
survey
may
be
confined
to
one
area of
the
city
or
may
cover
several
different
areas
if
they
are
comparable
and
equally accessible topublic services
and
places of
employment.
In
order
to
assure the greatest
comparability of dwellings in
any
locality-wide
study to the dwelling being
acquired, the study
shall
be
divided into
classifications
as
to the type of
construction,
number
of
rooms and
price
ranges.
Adequate
classifications shall
be
established
so
that the average
prices
derived therefrom
will
provide
a
meaningfuland
proper basis for establishing
a
schedule
of fixed
payments
to
owner-occupants.
(c) Where
it
is
not possible to establish
the
average
price
of
a
comparable dwelling
by
the
methods
set forth in subsection (b), one
of the following
2017-11
agency.
[ Ef f NII\/ 1
!)
2U04
]
(Auth:
111-9)
(
Imp:
l-H'fS
§nll-4,
111-9)
HRS
§§111-4,
§17-2017-9 Replacement
housing
payment
to
a
one-year
owner-occupant
who
purchases.
{a) A
displaced
owner-occupant
of
a
one,
two,
or
three
family dwelling
is eligible
for
a
replacement housing
payment
in
accordance
with
section
111-4{a),
HRS.
(b}
The
average
price
of
a
comparable
dwelling
shall
be
established
by one
of the
folJowing
methods:
{1}
The
state
agency
may
determine
the
average
price
of
a
comparable
dwelling
by
using
a
qualified
state
agency
employee
who
is
familiar
with
real
property
values
and
real
estate
transactions to select
at least
three
dwellings
comparable
in
value
to
thereplacement housing
unit
purchased;
or
(2) The
state
agency
or the corporation
may make
a
locality-wide
study
which
will
develop
the
probable average
selling price
of various
classes
of dwelling
units available
on
the
market. In
large
urban
areas,
this
survey
may
be
confined
to
one
area of
the
city
or
may
cover
several
different
areas
if
they
are
comparable
and
equally accessible topublic services
and
places of
employment.
In
order
to
assure the greatest
comparability of dwellings in
any
locality-wide
study to the dwelling being
acquired, the study
shall
be
divided into
classifications
as
to the type of
construction,
number
of
rooms and
price
ranges.
Adequate
classifications shall
be
established
so
that the average
prices
derived therefrom
will
provide
a
meaningfuland
proper basis for establishing
a
schedule
of fixed
payments
to
owner-occupants.
(c) Where
it
is
not possible to establish
the
average
price
of
a
comparable dwelling
by
the
methods
set forth in subsection (b), one
of the following
2017-11
§17-2017-g
agency. [Eff
111-9) (Imp: N UV_ 1 � 2004 1 (Auth:
HRS 'SS1I1-4, 111-9) HRS §S111-4,
§17-2017-9 Replacement housing payment to
a
one-year owner-occupant who purchases. (a)
A
displaced owner-occupant of
a
one, two, or three
family dwelling is eligible for
a
replacement housing
payment in accordance with section 111-4(a), HRS.
(
b
)
The average price of
a
comparable dwelling
shall be established by one of the following methods:
(1) The state agency may determine the average
price of
a
comparable dwelling by using
a
qualified state agency employee who is
familiar with real property values and real
estate transactions to select at least three
dwellings comparable in value to the
replacement housing unit purchased; or
(2) The state agency or the corporation may make
a
locality-wide study which will develop the
p
robable average selling price of various
classes of dwelling units available on the
market. In large urban areas, this survey
may be confined to one area of the city or
may cover several different areas if they
are comparable and equally accessible to
public services and places of employment.
In order to assure the greatest
comparability of dwellings in any
locality-wide study to the dwelling being
acquired, the study shall be divided into
classifications as to the type of
construction, number of rooms and price
ranges. Adequate classifications shall be
established so that the average prices
derived therefrom will provide
a
meaningful
and proper basis for establishing
a
schedule
of fixed payments to owner-occupants.
(c) Where it is not possible to establish the
average price of a
comparable dwelling by the methods
set forth in subsection (b), one of the following
2017-11 2.6 01§17-2017-9
methods in the order listed ·-shall be. acceptable upon
prior approval of the executiv~ ~i~ect~r.
( 1)
{2)
(3)
( 4)
If other housing is available in the area
(that is comparable except that it is not
decent, safe, and sanitary}, the
supplementary payment may be determined by
estimating the cost to correct the decent,
safe and sanitary deficiencies, adding this
amount to the selling price of the
replacement housing which is not decent,
safe, and sanitary, and comparing this
amount with the amount paid the relocatee
for a dwelling on an area of land typical in
size for a hornesite in the general area;
When there is no other housing available in
the area and the owner elects to retain and
move the owner's dwelling which is not
decent, safe, and sanitary, the replacement
housing payment may be determined by
estimating the amount paid for the dwelling
at the present location on an area of land
typical in size for a hornesite in the
general area and deducting this amount from
the estimated selling price of the dwelling,
corrected to decent, safe, and sanitary
standards on a comparable site;
Where there is no housing available for
comparison and the owner elects to retain
and move a decent, safe, and sanitary
dwelling, the replacement housing payment
may be determined by estimating the amount
paid for the dwelling at the present
location on an area of land typical in size
for a hornesite in the general area and
deducting this amount from the estimated
selling price of the dwelling relocated on a
comparable homesite; and
In the event the cost of replacement housing
determined by paragraphs (l)r (2) and {3)
above exceeds the acquisition cost, plus the
$15,000 replacement housing limit, the
replacement housing payment may be
2017-12
§17-2017-9
methods in the order listed ·-shall be. acceptable upon
prior approval of the executiv~ ~i~ect~r.
( 1)
{2)
(3)
( 4)
If other housing is available in the area
(that is comparable except that it is not
decent, safe, and sanitary}, the
supplementary payment may be determined by
estimating the cost to correct the decent,
safe and sanitary deficiencies, adding this
amount to the selling price of the
replacement housing which is not decent,
safe, and sanitary, and comparing this
amount with the amount paid the relocatee
for a dwelling on an area of land typical in
size for a hornesite in the general area;
When there is no other housing available in
the area and the owner elects to retain and
move the owner's dwelling which is not
decent, safe, and sanitary, the replacement
housing payment may be determined by
estimating the amount paid for the dwelling
at the present location on an area of land
typical in size for a hornesite in the
general area and deducting this amount from
the estimated selling price of the dwelling,
corrected to decent, safe, and sanitary
standards on a comparable site;
Where there is no housing available for
comparison and the owner elects to retain
and move a decent, safe, and sanitary
dwelling, the replacement housing payment
may be determined by estimating the amount
paid for the dwelling at the present
location on an area of land typical in size
for a hornesite in the general area and
deducting this amount from the estimated
selling price of the dwelling relocated on a
comparable homesite; and
In the event the cost of replacement housing
determined by paragraphs (l)r (2) and {3)
above exceeds the acquisition cost, plus the
$15,000 replacement housing limit, the
replacement housing payment may be
2017-12
§17-2017-9
methods in the order listed 'shall e acceptable upon
prior approval of the executive director.
(1) If other housing is available in the area
(that is comparable except that it is not
decent, safe, and sanitary), the
supplementary payment may be determined by
estimating the cost to corr e ct the decent,
safe and sanitary deficiencies, adding this
amount to the selling price of the
replacement housing which is not decent,
safe, and sanitary, and comparing this
amount with the amount paid the relocatee
for a dwelling on an area of land typical in
size for a homesite in the general area;
(2 ) When there is no other housing available in
the area and the owner elects to retain and
move the owner's dwelling which is not
decent, safe, and sanitary, the replacement
housing payment may be determined by
estimating the amount paid for the dwelling
at the present location on an area of land
typical in size for a homesite in the
general area and deducting this amount from
the estimated selling price of the dwelling,
corrected to decent, safe, and sanitary
standards on a comparable site;
(3) Where there is no housing available for
comparison and the owner elects to retain
and move a decent, safe, and sanitary
dwelling, the replacement housing payment
may be determined by estimating the amount
paid for the dwelling at the present
location on an area of land typical in size
for a homesite in the general area and
deducting this amount from the estimated
selling price of the dwelling relocated on a
comparable homesite; and
(4 ) In the event the cost of replacement housing
determined by paragraphs (1), (2) and (3)
above exceeds the acquisition cost, plus the
$15,000 replacement housing limit, the
replacement housing payment may be
2017-12determined by estimating the amount paid for
the dwelling at the present location on an
area of land typical in size for a homesite
in the general area and deducting this
amount from the estimated selling price of a
new comparable, decent, safe and sanitary
dwelling on a comparable homesite.
(d) If an owner occupant is otherwise qualified
for a payment under this section but has previously
received a payment under section 17-2017-10, the
amount of the payment received shall be deducted from
the amount to which the owner-occupant is entitled
under this section. In no event 3.1\q)r._,t~eSCijW~ined
payments exceed $15,000. (Eff NUV l LUU~]
(Auth: HRS §§111-4, 111-8) (Imp: HRS §§111-4,
111-8)
§17-2017-10 Replacement housing eayment to
owner-occupants who rent. {a) A displaced
owner-occupant of a one, two, or three family
dwelling, acquired by the State, who elects to rent is
eligible for a replacement housing payment in
accordance with section 111-4(b), HRS; provided that
the owner-occupant has rented a comparable dwelling
not later than one year subsequent to the date on
which the owner-occupant was required to move.
(b) The payment shall be the lesser of the
following amounts but not to exceed $4,000:
(1) A sum equal to the difference, if any,
between the cost of renting a comparable
dwelling for the next two years and twelve
per cent of the adq~is~tio~ price of the
property taken; or
(2) The amount which the owner-occupant would
have received had the owner-occupant elected
to receive a replacement housing payment
under section 17-2017-9.
[Eff NOV 15 2004) (Auth: HRS §111-9}
(Imp: HRS §111-4)
2017-13
determined by estimating the amount paid for
the dwelling at the present location on an
area of land typical in size for a homesite
in the general area and deducting this
amount from the estimated selling price of a
new comparable, decent, safe and sanitary
dwelling on a comparable homesite.
(d) If an owner occupant is otherwise qualified
for a payment under this section but has previously
received a payment under section 17-2017-10, the
amount of the payment received shall be deducted from
the amount to which the owner-occupant is entitled
under this section. In no event 3.1\q)r._,t~eSCijW~ined
payments exceed $15,000. (Eff NUV l LUU~]
(Auth: HRS §§111-4, 111-8) (Imp: HRS §§111-4,
111-8)
§17-2017-10 Replacement housing eayment to
owner-occupants who rent. {a) A displaced
owner-occupant of a one, two, or three family
dwelling, acquired by the State, who elects to rent is
eligible for a replacement housing payment in
accordance with section 111-4(b), HRS; provided that
the owner-occupant has rented a comparable dwelling
not later than one year subsequent to the date on
which the owner-occupant was required to move.
(b) The payment shall be the lesser of the
following amounts but not to exceed $4,000:
(1) A sum equal to the difference, if any,
between the cost of renting a comparable
dwelling for the next two years and twelve
per cent of the adq~is~tio~ price of the
property taken; or
(2) The amount which the owner-occupant would
have received had the owner-occupant elected
to receive a replacement housing payment
under section 17-2017-9.
[Eff NOV 15 2004) (Auth: HRS §111-9}
(Imp: HRS §111-4)
2017-13
§17-2012-10
determined by estimating the amount paid for
the dwelling at the present location on an
area of land typical in size for a homesite
in the general area and deducting this
amount from the estimated selling price of a
new comparable, decent, safe and sanitary
dwelling on a comparable homesite.
(d) If an owner occupant is otherwise qualified
for a payment under this section but has previously
received a payment under section 17-2017-10, the
amount of the payment received shall be deducted from
the amount to which the owner-occupant is entitled
under this section. In no event "]A 1° 5 ?ihA � �
payments exceed $15,000. {Eff NUV 1\ ZUU4 �
(Auth: HRS §5111-4, 111-8) (Imp: HRS SS111-4,
111-8)
$17-2017-10 Replacement housing payment to
owner-occupants who rent. (a) A displaced
owner-occupant of a one, two, or three family
dwelling, acquired by the State, who elects to rent is
eligible for a replacement housing payment in
accordance with section 111-4(b), HRS; provided that
the own e r-occupant has rented a comparable dwelling
not later than one year subsequent to the date on
which the owner-occupant was required to move.
(b) The payment shall be the lesser of the
following amounts but not to exceed $4,000:
( 1 ) A sum equal to the difference, if any,
between the cost of renting a comparable
dwelling for the next two years and twelve
per cent of the acquisition price of the
property taken; or
(2) The amount which the owner-occupant would
have received had the owner-occupant elected
to receive a replacement housing payment
under section 17-2017-9.
(Err NOV 15 2004 ) (Auth: as s111-9)
( Imp: HRS §111-4)
2017-13 216 ·0 1►
2
6
,o
1
§17-2017-11
§17-2017-11
Replacement
housing
payment
to
owner-occupants
for
less
than
one
year
but
not
less
than
ninety
days
who
purchase.
(a)
A
displaced
owner-occupant
of
a
one,
two,
or
three
family
dwelling, acquired
by
the
State,
who
does
not
qualify
for
a
replacement housing
payment
under
section
17-2017-9
is eligible
for
a
replacement housing
payment
in
accordance with
section
111-4(b),
HRS;
provided
that
the
owner-occupant
purchases
a
comparable
dwelling
not
later
than
one
year
subsequent
to
the date
on which
the
owner-occupant
was
required
to
move.
{b)
,'J~f\;l.e~Pp-Yl])~':1.t,
not
to
exceed $4,000,
is
the
amount,
if•..1<1ny
,-
which
is
necessary
to
make a
downpayment
on
a
replacement
dwelling.
(1) The
determination of
the
amount
necessary
for
a
downpayment
shall
be
based
on
the
amount
a
relocatee
would
have had
to
pay
if
the
purchase
of
a
comparable
dwelling
was
financed with
a
conventional loan.
(2)
This
payment
shall
not exceed
the
amount
which
the
owner-occupant
would
have
received
had
the
owner-occupant been
eligible
for
a
payment
under
section
17-2017-9.
(3)
If
the
owner-occupant
is
otherwise
qualified
for
payment
under
this
section
but has
previously received
a
payment
under
section
17-2017-9,
the
amount
of
such
payment
previously received
shall
be
deducted
from
the
amount
the
owner-occupant
is entitled to
under
this
section.
In
no
event
shall
the
combined
total-Ba,,.Y.ffient
exceed $4,000.
[Eff
NOV
15 l0U4
)
(Auth:
HRS
§111-9)
(Imp:
HRS
§111-4)
§17-2017-12 Replacement housing
payment
to
owner-occupants for less
than 9ne year but not
less
than ninety
days
who
rent.
(~~-~A
displaced
owner-occupant of
a
one, two,
or three family
dwelling, acquired by
the State,
who
does not qualify
for
payment under section
17-2017-9 and
who
has
2017-142 6 101
§17-2017-11
§17-2017-11 Replacement housing payment to
owner-occupants for less than one year but not less
than ninety days who purchase. (a) A displaced
owner-occupant of a one, two, or three family
dwelling, acquired by the State, who does not qualify
for a replacement housing payment under section
17-2017-9 is eligible for a replacement housing
payment in accordance with section 111-4 (b), HRS;
provided that the owner-occupant purchases a
comparable dwelling not later than one year subsequent
to the date on which the owner-occupant was required
to move.
( ) "//R»P Y@SEE* not to exceed $4,000, is the
amount, fli any, Wich is necessary to make a
downpayrnent on a replacement dwelling.
(1) The determination of the amount necessary
for a downpayment shall be based on the
amount a relocatee would have had to pay if
the purchase of a comparable dwelling was
financed with a conventional loan.
{2 ) This payment shall not exceed the amount
which the owner-occupant would have received
had the owner-occupant been eligible for a
payment under section 17-2017-9.
(3) If the owner-occupant is otherwise qualified
for payment under this section but has
previously received a payment under section
17-2017-9, the amount of such payment
previously received shall be deducted from
the amount the owner-occupant is entitled to
under this section. In no event shall the
combined total Payment exceed $4,000.
(Err NOV 15 Z004 ) (autn: Rs s111-9)
(Imp: HRS §111-4)
$17-2017-12 Replacement housing payment to
owner-occupants for less than one year but not less
than ninety days who rent. (s) A displaced
owner-occupant of a one, two, or three family
dwelling, acquired by the State, who does not qualify
for payment under section 17-2017-9 a nd who has
2017-14elected to rent shall be eligible for a replacement
housing payment in accordance with section 111-4(b},
HRS; provided that the owner-occupant has rented and
occupied a decent, safe, and I s 0
an,1 t,a;-y replacement
dwelling not later than one year subsequent Lo the
date on which the owner-occupant was required to move
from the dwelling unit taken.
{b} The payment, not to exceed $4,000, shall be
the lesser of:
(1) A sum equal to the difference, if any,
between that cost of renting a comparable
dwelling for the next two years and twelve
per cent of the acquisition price of the
property taken; and
(2) The amount which the owner-occupant would
have received had the owner-occupant been
eligible for a payment under section
17-2017-9. [Eff NOV 15 2004] (Auth: HRS
§§111-4, 111-8) {Imp: HRS §§111-4, 111-8}
§17-2017-13 Repl'acement housing payment to
tenant-occupants for not less than ninety days who
rent. (a) A displaced tenant of property acquired by
the State who elects to rent, is eligible for a
replacement housing payment in accordance with section
111-4(b), HRS; provided that the tenant has rented and
occupied a comparable dwelling not later than one year
subsequent to the date on which he was required to
move.
(b) The payment shall be determined by .
subtracting from the actual amount n~~s~s~ry ·fd~rent a
comparable dwelling for the next two years the
following amount:
(1) Twenty-four times the average monthly rental
paid by the relocated individual or family
during the last six months if such rental is
reasonable, or the average rent, if
reasonable, during the time of occupancy if
such occupancy is less than six months,
prior to being required to move; or
2017-15
'2i6 01
elected to rent shall be eligible for a replacement
housing payment in accordance with section 111-4(b},
HRS; provided that the owner-occupant has rented and
occupied a decent, safe, and I s 0
an,1 t,a;-y replacement
dwelling not later than one year subsequent Lo the
date on which the owner-occupant was required to move
from the dwelling unit taken.
{b} The payment, not to exceed $4,000, shall be
the lesser of:
(1) A sum equal to the difference, if any,
between that cost of renting a comparable
dwelling for the next two years and twelve
per cent of the acquisition price of the
property taken; and
(2) The amount which the owner-occupant would
have received had the owner-occupant been
eligible for a payment under section
17-2017-9. [Eff NOV 15 2004] (Auth: HRS
§§111-4, 111-8) {Imp: HRS §§111-4, 111-8}
§17-2017-13 Repl'acement housing payment to
tenant-occupants for not less than ninety days who
rent. (a) A displaced tenant of property acquired by
the State who elects to rent, is eligible for a
replacement housing payment in accordance with section
111-4(b), HRS; provided that the tenant has rented and
occupied a comparable dwelling not later than one year
subsequent to the date on which he was required to
move.
(b) The payment shall be determined by .
subtracting from the actual amount n~~s~s~ry ·fd~rent a
comparable dwelling for the next two years the
following amount:
(1) Twenty-four times the average monthly rental
paid by the relocated individual or family
during the last six months if such rental is
reasonable, or the average rent, if
reasonable, during the time of occupancy if
such occupancy is less than six months,
prior to being required to move; or
2017-15
'2i6 01
�� �� � � � � � � �
elected to rent shall be eligible for a replacement
housing payment in accordance with section 111-4 (b),
HRS; provided that the owner-occupant has rented and
occupied a decent, safe, and sanitary replacement
dwelling not later than one year subsequent to the
date on which the owner-occupant was required to move
from the dwelling unit taken.
( b } The payment, not to exceed $4,000, shall be
the lesser of:
(l) A sum equal to the difference, if any,
between that cost of renting a comparable
dwelling for the next two years and twelve
per cent of the acquisition price of the
property taken; and
( 2) The amount which the owner-occupant would
have received had the owner-occupant been
eligible for a payment under _section
17-2017-9. [Eff NOV 15 2004 1 (Auth: HRs
§S111-4, 111-8) (Imp: HRS §S111-4, 111-8)
$17-2017-13 Replacement housing payment to
tenant-occupants for not less than ninety days who
rent. (a) A displaced tenant of property acquired by
the State who elects to rent, is eligible for a
replacement housing payment in accordance with section
111-4(b), HRS; provided that the tenant has rented and
occupied a comparable dwelling not later than one year
subsequent to the date on which he was required to
move. (b) The payment shall be determined by ,
subtracting from the actual amount necessary d*rent a
comparable dwelling for the next two years the
following amount:
(1) Twenty-four times the average monthly rental
paid by the relocated individual or family
during the last six months if such rental is
r easonable, or the average rent, if
reasonable, during the time of occupancy if
such occupancy is less than six months,
prior to being required to move; or
2017-15
216 01§17-2017-13
(2) If such rent is not reasonable, twenty-four
times the economic rent established by the
state agency for ~qe dwelling unit.
[Eff NOV 15 ZUU4 J {Auth: HRS §§111-4,
111-9) (Imp: HRS §§111-4, 111-9)
§17-2017-14 Replacement housing payment to
tenant-occupants for not less than ninety days who
purchase. {a) A displaced tenant of property
required by the State is eligible for a replacement
housing payment in accordance with section lll-4(b),
HRS; provided that tenant has purchased and occupied a
comparable dwelling not later than one year subsequent
to the date on which the tenant was required to move
from the dwelling unit required.
(b) The payment shall be the amount necessary to
make a downpayment bn a, comparable dwelling.
Determination of the amount necessary for such
downpayment shall be based on the amount that the
relocatee would have had to pay if the purchase of a
comparable dwelling was financed by a conventional
loan.
(c) The full amount of the replacement housing
payment must be applied to the downpayment, including
closing costs.
(d) If a tenant who otherwise qualifies for a
payment under this section has previously received a
payment under section 17-2017-13, the amount of such
prior payment shall be deducted from the amount the
tenant~Mvoih,ei;n*~e eligible for under this section.
[Eff NU ~. tUU't ] (Auth: HRS §§111-4, 111-9)
(Imp: HRS §§111-4, 111-9)
§17-2017-15 Replacement housing payment to
tenant of sleeping room who rents. (a) A displaced
tenant of a sleeping room, acquired by the State, who
rents replacement housing is eligible for replacement
housing payment with section lll-4(b), HRS; provided
that the tenant has rented and occupied a decent, safe
and sanitary replacement dwelling not later than one
2017-1626.01
§17-2017-13
(2) If such rent is not reasonable, twenty-four
times the economic rent established by the
state agency for the dwelling unit.
terr NOV15 2U04 ; cauth: HRs ssi11-4,
111-9) (Imp : HRS § S 111-4, 111-9)
§17-2017-14 Replacement housing payment to
tenant-occupants for not less than ninety days who
purchase. (a) A displaced tenant of property
required by the State is e ligible for a replacement
housing payment in accordance with section 111-4 (b),
HRS; provided that tenant has purchased and occupied a
comparable dwelling not later than one year subsequent
to the date on which the tenant was required to move
from the dwelling unit required.
(b) The payment shall be the amount necessary to
make a downpayment on a comparable dwelling.
Determination of the amount necessary for such
downpayment shall be based on the amount that the
relocatee would have had to pay if the purchase of a
comparable dwelling was financed by a conventional
loan.
(c) The full amount of the replacement housing
payment must be applied to the downpayment, including
closing costs.
(d) If a tenant who otherwise qualifies for a
payment under this section has previously received a
payment under section 17-2017-13, the amount of such
prior payment shall be deducted from the amount the
±era" N OV*I'57in@ eligible for under this section.
[Eff NUV D ZUU4 j (Auth: HRS SS111-4, 111-9)
(Imp: HRS SS111-4, 111-9)
§17-2017-15 Replacement housing payment to
tenant of sleeping_room who rents. (a) A displaced
tenant of a sleeping room, acquired by the State, who
rents replacement housing is eligible for replacement
housing payment with section 111-4(b), HRS; provided
that the tenant has rented and occupied a decent, safe
and sanitary replacement dwelling not later than one
2017-16year subsequent to the date on which the tenant was required to move from the dwelling unit taken. (b) The payment shall be determined by subtracting from the amount necessary to rent a comparable room for the next two years the following amount:( 1) ( 2} Twenty-four times the average monthly rental paid by the relocated individual or family during the last six months if such rental is reasonable, or the average rent, if reasonable, during the time of occupancy if such occupancy is less than six months, prior to being required to move, or If such rent is not reasonable, twenty-four times the economic rent established by the State for the dwelling unit. f Eff NOV 15. 2004] (Auth: HRS §111-9) (Imp: HRS §111~4) §17-2017-16 Decent, safe, and sanitary housing. (a) Decent, safe and sanitary housing shall be a dwelling which:(l} Conforms with all applicable housing and occupancy codes; (2) Has a kitchen area which contains a sink in good working condition and connected to hot and cold water, a sewage disposal system, a stove, and a refrigerator. When these facilities are not so required by local codes, ordinances, or custom, the kitchen area shall have utility service connections and adequate space for the installation of the facilities; (3) Has a bathroom, well-lighted and ventilated and affording privacy to a person within it, containing a lavatory, a basin, and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush water closet, all in good working order and properly connected to a sewage disposal system; 2017-17 >2-6 01 §I7- 2 0 1 7 - 1 6 year s ubsequent to the da t e on wh ich the t enant wa s requ i red t o mov e f rom the dwe l l ing uni t t a ken . ( b ) The payment sha l l b e determined b y su b tra c t ing from the amoun t nece s s a r y t o rent a comparable room for the next two years the f o l lowi n g amount : ( 1 ) ( 2 ) Twenty- four t i m e s the ave rage month l y renta l paid by th e re located individual or fami l y dur i n g the last s i x months i f s uch rental i s rea sonabl e , o r the average rent , i f rea sonable, durin g the t ime o f occ upancy i f such occupan c y i s less tha n s i x mont hs , prior to bei n g requi red to move , or I f s u c h r ent i s not rea sonable , t wenty- four times t h e e conomic rent establ i shed by the St at e for the dwe l l ing unit . ( Erf NO V 1 5 2004 1 ( Auth : HR s s i 1 1 - 9 ) ( Imp : HRS S1 1 1 - 4 ) § 1 7 -2 0 1 7 - 1 6 Decent , s a fe , and sanitary housing . ( a ) Decent , sa fe and sanitar y hous ing s ha l l be a dwe l l ing whic h : ( 1 ) Conforms with a l l appl icable hous ing and occu p ancy codes ; ( 2 ) Has a kitchen area wh i ch contains a s in k in good working condit i o n and connected to hot and cold water , a sewag e di sposal s y s tem , a stove , and a ref rigerator . Whe n t hese facilities are not s o required by l o cal code s , ordinanc e s , or custom, the kit chen a rea shall hav e ut i l i t y service connect i ons and adequate space for the inst a l lat ion o f the facilitie s ; ( 3 ) Has a bathroom, wel l - l ighted and vent i l a te d and affording privacy t o a person w i thin i t , conta i nin g a lavatory, a ba sin, and a ba thtu b or stall shower , properly connected to an adequ a t e su p ply of hot and col d runnin g water , and a flush water closet , a l l i n good wor ki n g o rde r and pro p e r l y connected to a sewage dispo s a l system ; 2 0 1 7 - 1 7 26 0 1
§17-2017-16
(4) Has provision for artificial lighting for
each room;
(5) Is structurally sound, in good repair, and
adequately maintained;
(6) Each building used for dwelling purposes
shall have two safe unobstructed means of
egress leading to safe open space at ground
level. Each dwelling unit in a
multi-dwelling building must have access
either directly or through a common corridor
to two means of egress to open space at
ground level. In buildings of three stories
or more, the common corridor on each story
must have at least two means of egress; and
(7) Has one hundred fifty square feet of
habitable floor space for the first occupant
in a standard li~1ll9 iuMt~and at least one
hundred square feet of habitable floor space
for each additional occupant. The floor
space is to be subdivided into sufficient
rooms to be adequate for the family. All
rooms must be adequately ventilated.
Habitable floor space is defined as that
space used for sleeping, living, cooking, or
dining purposes, and excludes such enclosed
places as closets, pantries, bath or toilet
rooms, service rooms, connecting corridors,
laundries, and unfinished attics, foyers,
storage spaces, cellars, utility rooms, and
similar spaces.
(b) Sleeping rooms shall:
(1) Include the minimum requirements contained
in subs e ct ion ( a ) ( 1 ) , ( a ) ( 4 ) , ( a } {5 } and
(a} {6);
(2} Have at least one hundred square feet of
habitable floor space for the first occupant
and fifty square feet of habitable floor
space for each additional occupant; and
(3) Have lavatory and toilet facilities that
provide privacy including a door that can be
locked if such facilities are separate from
the room.
2017-182. 6 10 1
§ 1 7 - 2 0 1 7 - 1 6
( 4 ) H a s provis i o n f o r artificial l i ght in g for
each room;
( 5 ) I s s tructurally sound, in good repa ir , and
adeq u ate ly ma inta ined;
( 6 ) Each buildin g use d for dwel ling pur p o s e s
shall hav e two s afe unobstruct ed means of
egress l eading to s a f e open space at ground
level . Each dwe l l ing unit i n a
mul t i -dwe l l ing bui lding must hav e access
either direct l y or through a common corridor
to two means of egress to open space at
ground le v e l . In building s o f three s torie s
o r more, t h e common corridor on each story
must have at least two means of egre s s ; and
( 7 ) Has one hundred fifty s quare feet of
habitable floor space for the first occupant
in a standard living unatWand at least one
hundred square feet of habitable floor space
for each addit iona l occupant . The floor
spa ce is t o be subdivided into s uffic ient
rooms to be adequate for the family . All
rooms must be adequately ventilate d .
Habitab l e floor spac e is de f ined as that
space used for slee p ing , l iving, coo kin g , or
dining purposes , an d exclude s such enclosed
p laces a s closet s , pantrie s , bath or toilet
rooms , servic e rooms , connect ing corridors ,
l aundr i e s , an d unfini shed att i c s , foye r s ,
sto rag e space s , cel lars , uti lity rooms , and
simi lar spaces .
( b ) Sleeping rooms shall :
( 1 ) Includ e the mi n imum req u i rement s conta ined
in subsect ion ( a ) ( l ) , ( a ) ( 4 ) , ( a ) ( 5 ) and
( a ) ( 6 ) ;
( 2 ) Hav e at least one hundred square feet of
habitable floor space fo r the first occupant
and fifty square feet of habitable floor
space for eac h additi ona l occupan t ; and
( 3 ) Hav e lavator y an d toi l e t fac i lities that
provid e privacy including a door that can be
locked i f such faci l i t i e s ar e separate fro m
the room .
2 0 1 7 - 1 8(c) The executive director in the case of
non-federally assisted projects, and an appropriate
federal official, in the case of federally assisted
projects, may approve exceptions to the standards but
requests should be limited to items and circumstances
that are beyond the reasonable control of the
relocatee to adhere to the standards. Approved
exceptions shall not affect the computation of the
replacement housing payment. [Eff NOV 15 2004 J
{Auth: HRS §111-9) (Imp: HRS §111-4)
§17-2017-17 Right to appeal. (a) An applicant
for a payment under these rules shall be notified
promptly in writing ~conce~ning the applicant's
eligibility for the payment claimed, the amount, if
any, the applicant is entitled to receive, and the
time and manner in which the payment will be made.
(1) Any person aggrieved by a determination as
to eligibility for payment authorized by
these rules, or the amount of the payment,
may request in writing that the application
be reviewed by the executive director. The
request shall be filed with the displacing
state agency and must contain all necessary
data and information in support of the
applicant's contention.
(2) The director of the displacing state agency
shall first review such a request and then
forward it with a recommendation to the
executive director for review and decision.
(3) Any aggrieved applicant who is not satisfied
with the decision on review, may appeal the
executive director's determination to the
circuit court of the circuit in which the
aggrieved applicant resides.
(b) Persons aggrieved by a determination that
they are responsible for a code violation may request
in writing that the determination be reviewed by the
executive director. Such a request must be filed with
the displacing state agency within sixty days after
written demand is made by the state agency and must
2017-19
�� � � �� � � � ��
( c ) The execu t i v e director in th e case o f
non- federally assi s t e d proj e cts , and an appropr iate
federal offi c i a l , in the case of f edera l l y a s s i sted
proj ects , ma y approve exceptions to the s tandards but
reque sts should be limit e d t o it ems and circumstances
that are beyond th e reasonable cont rol of the
relocatee to adhere to the standards . Approve d
except ions shall not a f fect t h e comput a t i o n of the
repl a cement housing payment . [Eff NO V ] 5 2004 1
(Auth : HRS § 1 1 1 - 9 ) ( Imp : HRS § 1 1 1 - 4 )
$ 1 7 - 2 0 1 7 - 1 7 Right to app e al . ( a ) An applicant
for a pa y ment unde r these rul es s h a l l b e not i fied
promptly in writ in g conc e rning the applican t ' s
e l igibi l i t y for the payment claimed, the amount , i f
an y, the appl icant i s ent itled t o re ceive , and the
t ime an d man n e r i n whic h t h e paymen t will be made .
( 1 ) An y person aggrieved by a dete rmination a s
t o e l igibility for payment a uthor i zed b y
these rul e s , or the amount of t h e paym ent ,
may request in writing that the appl i catio n
be reviewed by the executiv e di rector . The
request shall be filed with the d i splacing
state agency and must contain a l l necessary
dat a and i nformat ion in support of the
applicant ' s content ion .
( 2 ) The dir e ct or of the displacing state agency
shall f i rst review such a request and then
forward it with a recommendation t o the
executiv e dire ctor for revie w and decision .
( 3 ) Any aggrieved appl i cant who is not sat i s f ied
with the deci sion on review , ma y appea l the
execut ive di rector ' s de t erminat i o n to t h e
c ircuit court o f the c i rcuit in wh i c h th e
aggrieve d applicant reside s .
( b ) Persons aggrieved by a deter m inat i o n that
the y are responsib l e for a code v iola t ion ma y reque st
in writing that t h e determi natio n be reviewed by the
execut ive director . S uch a request mus t be file d with
the displacing s tate agency within s i x t y days a ft e r
writ ten demand i s mad e by th e state age n cy and must
2 0 1 7- 1 9 �� � � �§17-2017-18 contain the grounds for the appeal, the specific issues involved, the contentions of the aggrieved, and a description of the evidence that the aggrieved intends to introduce to support the person's contentions. (1) The director of the displacing state agency shall first review such a request and then forward it with a recommendation to the ~'.i",; ~e&ecu\t.,i.ve director for review and decision. (2) A person responsible for a code violation who is not satisfied with the decision on review may appeal the executive director's determination to the circuit court of the circuit in which ~ne.vaig~ieved applicant resides. [ Ef f t,u v LU\J4 J (Auth: HRS § 111-9) (Imp: HRS § 111-12) §17-2017-18 Documentation. (a) The state agency shall maintain relocation records showing: (1) State and federal project and parcel identification; (2) Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (if available after reasonable effort to determine where relocatee moved without assistance); (3) Personal contacts made with each displaced person; including, for each displaced person: ·2•6. tO t • (A) Date of notification of availability of relocation payments and services; (B) Name of the official offering or providing relocation assistance; (C) Whether the offer of assistance was declined or accepted and the name of the individual accepting or declining the offer; (D) Dates and substance of subsequent follow-up contacts; 2017-20 §17-2017-18 contain the grounds for the appeal, the specific issues involved, the contentions of the aggrieved, and a description of the evidence that the aggrieved intends to introduce to support the person's contentions. (1) The director of the displacing state agency shall first review such a request and then forward it with a recommendation to the ~'.i",; ~e&ecu\t.,i.ve director for review and decision. (2) A person responsible for a code violation who is not satisfied with the decision on review may appeal the executive director's determination to the circuit court of the circuit in which ~ne.vaig~ieved applicant resides. [ Ef f t,u v LU\J4 J (Auth: HRS § 111-9) (Imp: HRS § 111-12) §17-2017-18 Documentation. (a) The state agency shall maintain relocation records showing: (1) State and federal project and parcel identification; (2) Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (if available after reasonable effort to determine where relocatee moved without assistance); (3) Personal contacts made with each displaced person; including, for each displaced person: ·2•6. tO t • (A) Date of notification of availability of relocation payments and services; (B) Name of the official offering or providing relocation assistance; (C) Whether the offer of assistance was declined or accepted and the name of the individual accepting or declining the offer; (D) Dates and substance of subsequent follow-up contacts; 2017-20 §17-20 1 7 - 1 8 co ntain t h e grounds for t h e appea l , t h e specific i s sues involved, t h e content ions of the aggrieved , and a descriptio n of the evidence that th e agg rieved i n t ends to int roduce to support the perso n ' s contentions . ( 1 ) The director of the d i splacing state agency shall f i r s t review s uch a request an d t hen forward it with a recommendatio n to the .i. executive director for revie w and deci s ion . ( 2 ) A pe rson responsible for a code violat io n who is not sat i s fied with the decis ion on revie w may appea l the executiv e d irector ' s det e rminatio n to the circuit court of t h e ci rcuit in which Ny ]?5SY6f app l i c ant reside s . [ Ef f l ZUU4 j (Auth : HRS § 1 1 1 - 9 ) ( Imp : HRS § 1 1 1 - 1 2 ) § 1 7 -2 0 1 7 - 1 8 Documentat ion . ( a ) Th e s ta t e agency shall m a intai n relocat ion records showing : ( 1 ) State and federal proj ect and parcel identificat i on ; ( 2 ) Name s an d addresses of di spl ace d persons an d t he i r com plete original and new a ddres s e s an d telephone numbers ( i f ava i l able after reasonabl e effor t to determine where relocatee moved without a s s i stanc e ) ; ( 3 ) Pers ona l contacts made wit h each d i splaced perso n ; inc luding , for each displaced perso n : 2. 6. 0 1 (A) Dat e o f not i ficat io n of avai labi l i t y o f r e l ocat i on payment s and s e rvices ; ( B ) Name o f the o f f i c ia l offering o r providing relocat i o n ass istance ; ( C ) Wheth e r the offer of a s s is t ance wa s dec l i ned or accepted and the name of the individua l acceptin g or dec l i n ing the offe r ; ( D ) Date s and substance of s ubsequent fol low-u p contacts ; 2 0 1 7-20
§17-20:--:.f
{E) Date on which the displaced person was
required to move from the property
acquired;
(F) Date on which actual relocation
occurred and whether relocation was
accomplished with the assistance of the
state agency, referrals to other
agencies, or without assistance. If
the latter, an approximate date for
actual relocation is acceptable; and
(G) Type of tenure before and after
relocation;
(4) For displacements from dwellings:
(A) Number in family;
(B} Type of property (single family
detached, multi-family, etc.);
{C} Value, or monthly rent; and
(D) Number of rooms occupied; and
(5) For displaced businesses:
(A) Type of business;
(8) Whether continued or terminated; and
(C) If relocated, distance moved (estimate
acceptable).
{b) The state agency shall maintain records
containing the following information regarding moving
expense payments:
(1) The date the removal of personal property
was accomplished;
(2) The location from which and to which the
p~rsonal property was moved;
(3) If the personal property was stored
temporarily, the location where the property
was stored, the duration of such storage,
and justification for the storage and the
storage charges;
(4) Itemized statement of the costs incurred
supported by receipted bills or other
evidence of expense;
(5) Amount of reimbursement claimed, amount
allowed, and an explanation of any
difference;
2017-21
§17-2 0 1 ° - 1 S
( E ) Dat e on which the di s placed per son was
requi red t o move from the propert y
acqu i red;
( F
) Date on which actual r e locat ion
occurred and whether reloca t ion was
accomp l i shed with the assistance of t h e
s tate agency , referral s to other
agen c i e s , or without a s s i s tance . I f
the latter , an approximate date for
actual rel o cat ion is acceptable ; and
( G ) Type of tenur e be fore and after
relocati o n ;
( 4 ) Fo r di splacements from dwellings :
(A) Numbe r in family;
( B ) Type of property ( single fami ly
detache d , multi-family, et c . ) ;
( C ) Valu e , or monthly rent ; a n d
( D
) Numbe r o f rooms occupie d; and
( 5 ) Fo r di splaced busine sses :
(A) Type of busi ne s s ;
( B ) Whether continu e d or term inated; and
( C ) I f relocated, dist ance move d ( estimate
acceptable ) .
( b ) The s t a t e agency shall maintain records
conta ining the fol lowin g i n f or m ation regarding movi n g
expense payment s :
( 1 ) The date t h e removal of pers ona l proper t y
wa s accomp l i shed;
( 2 ) The locatio n from which and to whic h the
personal p roperty was moved;
( 3 ) I f th e personal property was stored
t emporari l y , the l ocatio n where the property
was stored , the durat ion of such storage ,
and j ustificatio n for th e storage and the
storage charges ;
( 4 ) Itemi zed statement of t h e cost s incurred
supported by receipte d bills or other
evidence of expense ;
( 5 ) Amount of reimbursement cl aime d , amount
all owed, and an explanat i o n of an y
di f ference ;
2 0 1 7 -2 1 2. 6 0 1§17-2017-18
(6) Data supporting any determination that a
business cannot be relocated without a
substantial loss of its existing patronage
and that it is not part of a commercial
enterprise having at least one other
establishment not being acquired;
{7) When the payment to a business or farm
operation is based on its average annual net
earnings or $5,000, whichever is less, data
showing how the payment was computed; and
(8) When fixed moving expense payments are made,
the data called for in paragraphs (3) and
(4) need not be maintained. Instead,
records showing the basis on which payment
was made shall be maintained.
(c) The state agency shall maintain records
containing the following information regarding
replacement housing payments:
(1} The date of the state agency's receipt of
each application for such payments;
(2) The date on which each payment was made or
t_he application rejected;
{3) Supporting data explaining how the amount of
the supplemental payment to which the
applicant is entitled was calculated. This
support should also clearly establish that
as of the date of payment, replacement
housing meeting the criteria established in
section 17-2017-16 was available;
(4) A signed and dated statement setting forth:
(A) The determination of the amount of the
supplemental payment; and
(B) That no official of the state agency
has a direct or indir~ct present or
contemplated personal interest in this
transaction, or will derive any benefit
from the supplemental payment, provided
that where an individual employed by a
state agency is displaced by a project,
the executive director may authorize
payments under these rules; and
2017-22
§17-2017-18
(6) Data supporting any determination that a
business cannot be relocated without a
substantial loss of its existing patronage
and that it is not part of a commercial
enterprise having at least one other
establishment not being acquired;
{7) When the payment to a business or farm
operation is based on its average annual net
earnings or $5,000, whichever is less, data
showing how the payment was computed; and
(8) When fixed moving expense payments are made,
the data called for in paragraphs (3) and
(4) need not be maintained. Instead,
records showing the basis on which payment
was made shall be maintained.
(c) The state agency shall maintain records
containing the following information regarding
replacement housing payments:
(1} The date of the state agency's receipt of
each application for such payments;
(2) The date on which each payment was made or
t_he application rejected;
{3) Supporting data explaining how the amount of
the supplemental payment to which the
applicant is entitled was calculated. This
support should also clearly establish that
as of the date of payment, replacement
housing meeting the criteria established in
section 17-2017-16 was available;
(4) A signed and dated statement setting forth:
(A) The determination of the amount of the
supplemental payment; and
(B) That no official of the state agency
has a direct or indir~ct present or
contemplated personal interest in this
transaction, or will derive any benefit
from the supplemental payment, provided
that where an individual employed by a
state agency is displaced by a project,
the executive director may authorize
payments under these rules; and
2017-22
§17-2 0 1 7 - 1 8
( 6 ) Data support ing any de termina t ion t hat a
bus iness cannot be rel ocate d wi t hout a
substanti a l loss of i t s exi s t i n g pa t rona ge
and that it is not part o f a co mm erci a l
enter p r i s e havi ng at l ea s t one other
establ i shment not being ac
q
uired;
( 7 ) When the payment to a bu s iness or farm
operatio n i s based on its averag e annual net
e a rn i ngs or $ 5 , 0 0 0 , whichever is less , data
showing how the payment was computed; and
( 8 ) When fixed moving expense payment s are made ,
th e data ca l l e d for in paragraphs ( 3 ) and
( 4 ) need not be maintained . Instead,
re c ords showing the basis on wh i ch payment
was made sha l l be maintained .
( c ) The state agency shall maintain records
conta ining the fol l owin g i nformat ion reg a rding
repl acement hou sin g payments :
( 1 ) The dat e of the state agency ' s receipt of
eac h application for s uch pa yment s ;
( 2 ) The dat e on which each payment wa s made or
the app l i ca tion rej ected;
( 3 ) Support ing data expla in ing how t h e amount o f
t h e suppl ementa l payment to which the
applicant i s ent it led was ca lculate d . Thi s
support should a l s o clearly establish that
( 4 )
a s of the date of payment , repl ac e ment
housing meet ing the c r i t e r i a est a blished i n
section 1 7 -2017 - 1 6 w a s ava i l a ble ;
A s igned and date d s t atem ent setting forth :
(A) Th e determin a t i o n of the amount o f the
supple m ent al paym ent ; and
( B ) That no officia l of the stat e agency
h a s a di rect or indi re c t present or
contempla t e d personal i nterest in this
t ransact ion , or will derive any benefit
from the s upple m enta l paym ent , provided
that where an indivi dual employed by a
s t a t e agency is displaced by a p roj ect ,
the execut ive di rector ma y aut h o r i z e
paym ents under these rules ; and
2 0 1 7 -22§'l7-20l'7-2G
(5) A
statement
by
the
state
agency
that
in
its
opinion
the displaced
person
has
been
relocated in
decent,
safe,
2
~RQ
sanitary
housing.
[
Eff
NOV
15
UU4
]
(Auth:
HRS
§111-9) (Imp:
HRS
§§111-3, 111-4)
§17-2017-19 Assurance
of
availability
of
housing.
Any
state
agency which
misplaces
any
person
shall, at least
one
hundred
twenty days
prior
to
any
displacement, provide the
following
to
the
corporation:
(1)
A
feasible
method
for the relocation
of
families
and
individuals displaced
from
the
property
acquired;
and
(2)
Assurance
that
there are or are
being
provided
in
areas
not
generally
less
desirable
in
regard to public
utilities
and
public
and commercial
facilities
and
atrents
or
prices
within
the
financial
means
of the families
and
individuals displaced,
decent, safe,
and
sanitary
dwellings equal
in
number
to the
number
of displaced
families
and
individuals
and
available to
such
displaced families
and
individuals
and
reasonably
accessible tQoVth~~~aces of
employment. {Eff
N la.tUU4 J
(Auth:
HRS
§111-9) (Imp:
HRS
§111-6)
§17-2017-20
Relocation assistance
programs. (a)
Planning for relocation
programs
shall
be
accomplished
in stages:
(1)
Until
such time as the
final location
is
approved,
the tenant
is
not
to
be
disturbed
in
any
way.
Prior to the completion of
this
stage, the
state
agency
shall
make
preliminary investigation
which
will furnish
the following information for
each of the
various alternative locations given
finalconsideration:
2017-23
§17- 2 0 1 7 - 2 0
( 5 ) A stateme nt by the st ate agenc y that i n i t s
opi n ion th e di spla ced pe rson has been
rel ocated in decen , ,?5 2O[} Sanitary
hous ing . [ Eff NOV ] 5 20)4 1 ( Auth : HRS
§1 1 1 - 9 ) ( Imp : HRS §S 1 1 1-3 , 1 1 1-4 )
$ 1 7 -2 0 1 7 - 1 9 As surance of ava i l abi l i t y o f
hous ing . Any state agency whic h mi splaces any person
s ha l l , at least one hundred twenty days pri o r t o any
di spla cement , provid e the fol lowing to the
corpora t ion:
( 1 ) A feasible method for the reloca t i o n o f
fami lies and individuals displaced f rom the
prope r t y acqui red ; and
( 2 ) Assurance that there are or are bein g
provided in a reas not gene ra l l y l e s s
des i rable i n regard to public util ities and
public and comme rcial facilities and at
rents or pri ces wi thin the financial means
of the fa m i l i e s and individua l s displ aced,
decent , s a f e , and sani tar y dwe l l ings equal
in number t o the number o f di spl aced
fa m i l i e s and i nd i v i duals and avai l able t o
such d i s p l aced fami l i e s and i ndividua l s an d
reasonably access ible. o .thei r ,paces of
empl oym ent . { Ef f NOV 1 5 2U)4 ; ( Auth :
HRS § 1 1 1 - 9 ) ( Imp : HRS § 1 1 1- 6 )
§ 1 7 -2 0 1 7 -2 0 Re locat ion a s s i s t ance progr a ms . ( a )
Pl ann i n g for re l ocatio n p rog rams s h a l l be accom p l i s hed
in s ta ges :
( 1 ) Unt i l such t ime a s the final l ocat i o n i s
a pproved, the tenant i s n o t to be dis tu rbed
in any wa y . Prior t o the complet ion of this
stag e , the state agency sha l l make
preliminar y investigation which wi l l furnish
the following inform ation for each of t h e
va rious alternative l ocat i on s give n final
consider a tion :
2 0 1 7 - 2 3 ��� � �§17-2017-20
{A) Identify the approximate number of
individuals and families to include the
number of adults and children as well
• 11aJ ~e:loc;a't!ion housing requirements in
terms of number of bedrooms needed to
accommodate the displacees;
(B) Identify the number and type of
businesses, farms, and non-profit
organizations as well as the type and
quantity of space or area needed to
meet the requirements for the displaced
businesses, farms and non-profit
organizations;
(C) The probable availability of comparable
replacement housing, commercial or
industrial space and farm areas in the
areas of preference and within the
financial means of those being
displaced; and
(D} Outline the basis upon which the
preliminary findings of the state
agency are made and include same in the
required relocation plan.
(2) The state agency, prior to proceeding with
acquisition negotiations or construction,
sha~l. fμ~IJ;i.~"'h the following information for
the'ct,rpaf~t-ion 1 s review and approval:
(A) The methods and procedures by which the
needs of every individual to be
displaced will be evaluated and
correlated with available decent, safe,
and sanitary housing at reasonable
rents or prices and readily accessible
to the individual's place of
employment;
(B) The methods and procedures by which the
state agency will assure an inventory
of currently available comparable
housing which is decent, safe, and
sanitary, including type of building,
state of repair, number of rooms, needs
of the person or family being
e, 6 tO 1 2017-24
§17-2017-20
{A) Identify the approximate number of
individuals and families to include the
number of adults and children as well
• 11aJ ~e:loc;a't!ion housing requirements in
terms of number of bedrooms needed to
accommodate the displacees;
(B) Identify the number and type of
businesses, farms, and non-profit
organizations as well as the type and
quantity of space or area needed to
meet the requirements for the displaced
businesses, farms and non-profit
organizations;
(C) The probable availability of comparable
replacement housing, commercial or
industrial space and farm areas in the
areas of preference and within the
financial means of those being
displaced; and
(D} Outline the basis upon which the
preliminary findings of the state
agency are made and include same in the
required relocation plan.
(2) The state agency, prior to proceeding with
acquisition negotiations or construction,
sha~l. fμ~IJ;i.~"'h the following information for
the'ct,rpaf~t-ion 1 s review and approval:
(A) The methods and procedures by which the
needs of every individual to be
displaced will be evaluated and
correlated with available decent, safe,
and sanitary housing at reasonable
rents or prices and readily accessible
to the individual's place of
employment;
(B) The methods and procedures by which the
state agency will assure an inventory
of currently available comparable
housing which is decent, safe, and
sanitary, including type of building,
state of repair, number of rooms, needs
of the person or family being
e, 6 tO 1 2017-24
§17- 2 0 1 7-20
( A ) Ident i f y the approxi m ate number of
individua l s a n d families t o i n c lude the
number of adults and chi ldren as we l l
'ae relocatio n hous ing requi rements i n
terms of number o f bedrooms needed t o
accommodate th e d i splacees ;
( B ) I dent i f y t h e number an d type of
bus inesse s , farms , and non-profit
organi zations as we ll as the type and
quant ity of space or a rea needed to
meet the requi rement s for the displaced
busine s s e s , f a rms and non-pro fit
organizations ;
( C ) The probable availability o f comparable
replacement hous ing, comm ercial or
i ndu strial spac e and far m areas i n the
a reas of preferenc e and within the
f inanc ial means of those bein g
displaced ; and
( D ) Out l ine the bas i s upon whi c h th e
prel iminary findings of the state
agency ar e made and include s ame in the
requi red rel ocatio n pl a n .
( 2 ) The state agency , prior to proceeding with
acquisitio n negotiations or cons truction,
s hall f ur ?i s t h e following informat i o n for
the 'carpo' dli o n ' s revie w and approval :
(A) The methods and procedures by whic h the
needs of every individual to be
displaced will be evaluate d and
corre l ated wit h ava i l abl e decent , sa fe ,
and sanitary housing at reasonable
rents or pri ces and readi ly access ible
to th e individual ' s plac e of
employment ;
( B } The methods and procedures b y which the
state agency will as sure an inventor y
of curr e ntly available comparable
hous ing which is decent, s a f e , an d
sanitary, inc l uding type of bui lding ,
sta t e o f repa i r , number of rooms , needs
of th e perso n or f amily bein g
2 6 10 1 2 01 7 -2 4§17-20:7-:C displaced, type of neighborhood, proximity of public transportation and commercial shopping areas, and distance to any pertinent social institutions, such as church and community facilities; and (C) An analysis relating to the characteristics of the inventories so as to develop a relocation plan which will: (i) Outline the various relocation problems disclosed by the above survey; (ii) Provide an analysis of federal, state, and community programs affecting the availability of housing currently in operation in the project area; (iii)Provide detailed information on concurrent displacement and relocation by other governmental agencies or private concerns; (iv) Provide an analysis of the problems involved and the method of operation to resolve and relocate the relocatees; (v} Estimate the amount of lead time required and demonstrate its adequacy to carry out a timely, orderly, and humane relocation program; (vi) Assure no person lawfully occupying real property shall be required to move without at least ninety days written notice; and (vii)Furnish the names of the agencies which will provide the relocation assistance including an analysis of their present workload and ability to perform and the estimated number and job titles of 2017-25 2-6 ·O 1 §17 - 2 0 1 7 - 2 C di spl aced , t ype of neighborhoo d , proximity o f public t ransportat io n an d comme rcial shoppin g area s , and dist ance to any pertinent soc i a l inst itutions , s uch a s church an d communit y fac ilit ies ; and ( C ) An anal y s i s rel a t in g to the charact eri st ics of the i nventorie s so a s to deve lop a relocat i o n p l a n which wil l : ( i ) Outlin e the various rel ocat ion problems disclosed by the abov e survey; ( ii ) Provide an ana l ys i s o f f edera l , state , and commun i t y p rograms affect ing the ava i la b i l i t y o f hous in g current l y in ope rat ion in the proj ect area ; ( i ii ) Provide detailed informa tio n on concurrent displa c ement and relocat ion by other governmental agencies or privat e concerns ; ( i v ) Provide an analysis o f the problems involved and the metho d of ope rat i o n to resolve and re locate the relocatee s ; ( v ) Estima te t h e amount o f lead t ime re quired and demonstrate its adequacy to carry out a t i m ely, orde r l y , and humane relocation program; ( vi ) As sure no person l awful l y occupying real propert y sha l l be requi red to move without at least ni nety days written not i ce ; and (vi i ) Fu r n i s h t h e name s o f the agencies whi c h w i l l provid e the relocati o n a s s i st anc e i ncluding an ana l y s i s of their present workload an d abi l i t y t o perform and the est imated number an d j o b t itles o f 2 0 1 7 - 2 5 2 6 0 1
§17-2017-20
relocation personnel servicing the
project.
(b) The displacing state agency shall, in
developing relocation assistance programs, consult
with the persons to be displaced in order to ensure
that such programs are realistic and effective.
{c) Each relocation assistance program shall be
submitted in writing to the corporation by the
displacing state agency at least one hundred twenty
days prior to any displacement. Such programs shall
be reviewed and approved by the executive director.
(d) Where a state agency elects to have the
relocation payments and services required by these
rules administered by another federal, state, or local
agency, it shall enter into a written contract or
agreement to that effect with the agency it selects.
Such contract or agreement shall be subject to the
approval of the executive director and shall obligate
the agency to perform the services and make the
payments in accordance with these rules. The contract
shall also provide that the records required by
section 17-2017-18 will be retained by the agency
administering the relocation program for a period of
not less than three years after payment of the final
voucher with respect to the particular project, or
that these records will be turned over to the state
agency. In the event these records are turned over to
the state agency, that agency will retain them for a
like period. These records shall be made available for
inspection by representatives of the corporation or of
the federal government at any reasonable hour.
{e) The organization and procedures of any state
agency which administers a relocation program shall
provide as a minimum that;
(1) Each project shall have assigned to it one
or more individuals whose primary
responsibility is to provide relocation
assistance;
{2) A local subsidiary office will be
established which is reasonably convenient
to public transportation or within walking
distance of each project when the executive
2017-26
�� � �� �
§ 1 7 -2 0 1 7 -2 0
relocat io n pers o nne l ser v i c i n g the
proj ec t .
( b ) The displacin g state agency sh a l l , in
develop i n g reloca tion a s s i s tanc e programs , cons u l t
w i t h t h e persons to be displaced in orde r to ens ure
that such programs a r e re a l i s t i c and e f fect ive .
( c ) Each relocat ion a s s i stance p rogra m sha l l be
submi tte d in writ ing t o the corporatio n by the
displacin g state agency at least one hundred twenty
days prior to any displacement . Such programs sha l l
b e reviewed and approved b y t he execut ive director .
{ d ) Where a state agency e lects to have the
relocatio n paym ent s and services req u i red by these
rule s adminis t e red by another federa l , st ate , or local
agency, i t s ha l l enter into a writte n contract or
agreement to t hat effec t with the agency it select s .
S uch contract or agreement shall be subj ect t o the
approval of the executiv e director and sha l l obl i gate
the agency t o perform the services and ma ke the
paym ent s in accordance w i t h these rule s . The cont ract
shall a l s o provide that the records required by
sect i o n 17-2 0 1 7 - 1 8 w i l l be retained by the agency
adm ini st erin g th e relocation program for a perio d o f
not l e s s than thre e years a ft e r payment of t h e f i nal
voucher with respect to the par t i cular proj ect , or
that these reco rds wi l l be turned over to the state
a gency . In the event these records a r e turne d ove r to
t h e state agency, tha t agency will retain t hem for a
l i k e peri o d . These records shall be made available for
inspe ct i o n by represent atives o f the corporat io n or of
the f eder a l government at any reasonable hour .
( e ) The organizat ion and procedures of any state
agency which a dministers a reloca t i o n program shall
provid e a s a minimum t hat :
( 1 ) Eac h proj ect sha ll hav e a s s i gned to i t one
or more individual s whose primary
respons ibility i s to provid e relocation
a s s i stance;
( 2 ) A local subsidiar y offic e wi l l be
establi she d whi c h i s reasonably convenient
to pub l i c t ransporta t i o n or within wal king
distance of each pr oj ect when the executiv e
2 0 1 7 - 2 6director, after consultation with the sta~e
agency, that the volume of work or the needs
of the displaced persons are such as to
justify the establishment of such an office.
These offices shall be open during hours
convenient to the persons to be displaced,
including at least one and preferably more
evenings per week if necessary;
{3) Regardless of whether a local office is
established, personal contact will be made
with each person to be displaced to explain
the relocation payments and assistance which
are available and to assist in completing
any applications required. If such contact
cannot be made, the state agency shall
furnish documentation to show that
reasonable efforts have been made to achieve
this contacti
(4) Relocation officials shall maintain personal
contact and exchange information with other
agencies rendering services useful to
displaced persons. Such agencies include
social welfare agencies, urban renewal
agencies, redevelopment authorities, public
housing authorities, the Federal Housing
Administration, United States Department of
.. veterans Affairs, and Small Business
Administration. Personal contact shall also
be maintained with local sources of
information on private replacement
properties, including real estate brokers,
real estate boards,· property managers,
apartment owners and operators, and home
building contractors. Subscriptions may be
maintained for multiple listing services,
apartment directory services, and
neighborhood and metropolitan newspapers;
and
(5) The local relocation office shall maintain
and provide:
(A) Lists of replacement dwellings drawn
from various sources, suitable in
2017-27
director, after consultation with the sta~e
agency, that the volume of work or the needs
of the displaced persons are such as to
justify the establishment of such an office.
These offices shall be open during hours
convenient to the persons to be displaced,
including at least one and preferably more
evenings per week if necessary;
{3) Regardless of whether a local office is
established, personal contact will be made
with each person to be displaced to explain
the relocation payments and assistance which
are available and to assist in completing
any applications required. If such contact
cannot be made, the state agency shall
furnish documentation to show that
reasonable efforts have been made to achieve
this contacti
(4) Relocation officials shall maintain personal
contact and exchange information with other
agencies rendering services useful to
displaced persons. Such agencies include
social welfare agencies, urban renewal
agencies, redevelopment authorities, public
housing authorities, the Federal Housing
Administration, United States Department of
.. veterans Affairs, and Small Business
Administration. Personal contact shall also
be maintained with local sources of
information on private replacement
properties, including real estate brokers,
real estate boards,· property managers,
apartment owners and operators, and home
building contractors. Subscriptions may be
maintained for multiple listing services,
apartment directory services, and
neighborhood and metropolitan newspapers;
and
(5) The local relocation office shall maintain
and provide:
(A) Lists of replacement dwellings drawn
from various sources, suitable in
2017-27
§1 7 - 2 0 1 -2 "
director , after con s u l t a t ion with the s tate
agency, that t h e vol ume of work or the needs
o f the di splaced persons a r e such as to
j us t i f y th e estab l i s hment of suc h an o f f i c e .
Thes e off ices shal l be open during hours
convenient to the persons to be displaced,
incl uding at least one and preferabl y more
evenings per week if neces sary;
( 3 ) Regardless o f whether a loca l o f f ice is
estab l i shed , persona l contact w i l l b e made
wit h each perso n to be displa ced t o expl a i n
t h e relocat io n payments and a s s i stance which
are ava i l able and to a s s ist in completing
any appl icat ions requi red . I f such contact
cannot be made , the state agency sha l l
furnish docu m entation to sho w that
reasonable e fforts have been made to achieve
this contact;
( 4 ) Reloca tio n officials shal l ma intain persona l
contact and exchange in format ion with other
agencies rende ring services useful to
di splaced persons . Such agencies includ e
s ocial welfare agencies , urban renewal
agen c ies , redeve lopmen t authori t ies , publ ic
hous ing authori t i e s , the Fede ral Housing
Administration , Un ited States Department o f
( 5 )
• Veterans Af fairs , and Sma l l Bus iness
Admin i s t r a tion . Persona l contact sha l l a l s o
b e ma int a ined w i t h loca l sources of
infor m a t i o n on p rivate rep l acement
propert ies , inc luding real estate b rokers ,
rea l esta t e boa rds , · property managers ,
apa rtment owners and operator s , an d home
bui ldin g contractors . Subscriptions ma y be
ma intained for multiple l i stin g serv i ce s ,
apartmen t directory servi ces , and
neighborhood and met ropol i tan newspape r s ;
and
The
and
{A)
l ocal rel ocat i o n offic e s h a l l ma intain
provid e :
Lists of repl acement dwe l l ings drawn
fro m various sources , s uitable in
2 0 1 7 - 2 7
� � �� �·2t6J lO t
§17-2017-20
( B}
{ C)
{ D)
( F)
price, size, and condition for
displaced persons to the extent they
are available;
Current data for such costs as security
deposits for utilities, damages,
leases, closing costs, typical
downpayments, and interest rates and
terms;
Maps showing the location of schools,
parks, playgrounds, shopping, and
public transportation routes in the
area;
Schedules and costs of public
transportation; and
Other recommended information to be
provided by relocation offices
including copies of a brochure
explaining its relocation program,
local ordinances pertaining to housing,·
building codes, and open housing;
Federal Housing Administration and
United States Department of Veterans
Affairs booklets of information on
inspecting and evaluating replacement
housing; and consumer education
literature on housing, shelter costs
and family budgeting. [Eff NOV } 5 2004
] (Auth: HRS §111-6) (Imp: HRS §111-
6)
2017-282, 61 0 1
§ 1 7 - 2 0 1 7 - 2 0
(
B )
( C )
( D )
( F )
price , s i z e , an d condit i o n for
di splaced per s o ns t o the extent they
are ava i lable ;
Current data fo r suc h cos t s a s sec u r i t y
depos i t s for uti lit ies , damages ,
leases , c los in g cost s , typical
downpa yments , and intere st ra tes a n d
t e rms ;
Maps s howin g the l ocat ion of school s ,
park s , playgrounds , shopping , and
pub l i c transportatio n routes i n the
area;
Schedules and cost s of pub l i c
t ransportation ; and
Other recommended i nform a t i o n t o be
provided by reloca t i o n offices
inc luding copies o f a brochure
explainin g i t s re locat ion program,
local ordinance s perta ining to housing , ·
buildin g codes , and open housing;
Federal Hous ing Administratio n and
United State s Department of Veterans
Affairs bookle t s of in formation on
inspectin g and e valuating rep l acement
hous ing ; and consumer educatio n
l i te rat ure on hou s ing , shelte r cos t s
a n d fami l y budget ing . [ E f f NOV 1 5 200) 4
] ( Au t h : H R S § 1 1 1 - 6 ) ( I m p : HRS § 1 1 1 -
6 )
2 0 1 7 - 2 8EXHIBIT A NOV i 5 2004 , 2004 OPTIONAL FIXED PAYMENTS MOVING COST SCHEDULE APPLICABLE TO STATE FUNDED DISPLACEMENTS The following optional fixed payments moving cost schedule applies to unfurnished and furnished dwelling units as indicated: A. Allowances for Moving Expenses for Unfurnished Dwelling Units: Occupant owns furnishings - also applies to partly furnished units. 1) 1 2 3 4 5 6 7 8 Rooms Rooms Rooms Rooms Rooms Rooms Rooms Rooms.,,. * .. • .,. ;, .. * $65 $100 $135 $175 $215 $255 $295 $300 2) In addition to the allowances for the moving expenses shown in A. (l) above, for unfurnished dwelling units, a dislocation allowance of $200 is also authorized for each individual or family displaced. 3) The maximum optional fixed payments amount is $500 per individual or family displaced. This amount is composed of a maximum of $300 for moving expenses and $200 for a dislocation allowance. B. Allowances for Moving Expenses for furnished Dwelling Units: Occupant does not own furnishings. The furnishings are owned by the landlord. 2 6 ·O I EX HIBIT A NOV i 5 2004 , 2 0 0 4 OPTIONAL FIXED PAYMENTS MOVING COS T SCHEDULE AP PLICABLE TO STAT E FUNDED D I S PLACEMENTS The fo l lowing opt iona l fixed pa y ments moving cos t schedule applies to unfurnished and furnished dwel ling units as i ndi c ated: A . Al lowances for Moving Expenses fo r Unfurn i shed Dwe l l i n g Unit s : Occupant owns furn ishings - also applies t o part ly furnished units . 1 ) 1 2 3 4 5 6 7 8 Rooms Rooms Rooms Rooms Rooms Rooms Rooms Rooms A k 9 � � 8 3• � $ 6 5 $ 1 0 0 $ 1 3 5 $ 1 7 5 $ 2 1 5 $ 2 5 5 $ 2 9 5 $ 3 0 0 2 ) I n addit ion to the allowances for the movin g expenses shown in A . ( l ) above , for unf urnished dwe l lin g uni t s , a d i slocation a l l owance of $ 2 0 0 is a l s o authori zed for each individual or family di splaced . 3 ) The maximum opt ional f ixed payment s amount is $ 50 0 per individual or family di splaced . Thi s amount i s composed o f a maximum of $ 3 0 0 fo r moving e xpenses and $ 2 0 0 fo r a d i s l ocat ion a l l owance . B . Al l owances for Moving Expense s for Furni shed Dwe ll in g Units : Occupant does not own furnishings . The furn i shings a r e owned by the landl ord . 2 6 0 1
1) 1 Room* Each Additional Room* $50 $25 Up to a combined maximum of $300.00 2) In addition to the allowances for the moving expenses shown in B. (1) above, a dislocation allowance of $200 is also authorized for each individual or family displaced. 3) The maximum optional fixed payments amount is $500 per individual or family displaced. This amount is composed of a maximum of $300 for moving expenses and $200 for a dislocation allowance. *Eligible rooms do not include bathrooms, hallways and closets. 21 6 0 1 1 ) 1 Room* Each Addit i onal Room* $ 5 0 $ 2 5 Up to a combined maximum o f $ 3 0 0 . 0 0 2 ) I n addi tio n to t h e allowanc e s for the moving expenses shown in B . ( 1 ) above , a disl ocat i o n a l lowance of $ 2 0 0 is also authori zed for eac h i ndivi dua l or fami ly displaced . 3 ) The ma x imum optional fixed p a yment s amount i s $ 5 0 0 per i ndividual or family di s placed . This amount i s c o mp o sed of a maximum o f $ 3 0 0 f o r moving expenses and $ 2 0 0 for a dis locat ion al lowance . * E l igible rooms do not include bathrooms , hallways and cl oset s .
DEPARTMENT OF HUMAN SERVICES The repeal of chapter 15-179 and the adoption of chapter 17-2017, Hawaii Administrative Rules, on the Summary Page dated October 21, 2004 was adopted on October 21, 2004 following public hearings held on September 14, 2004 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui News, West Hawaii Today, and the Hawaii Tribune- Herald newspapers on August 12, 2004. The repeal and adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: 6£: Ol\1 \1- AON \'O. CHARLES A. $TED, Chairperson Housing and Community __P-~opment Corporation of .,,,.,✓·- HawaJ.i C-1.~ THEODORE E. LIO Director of Business, Economic Development and Tourism LINDA LINGLE Governor State of Hawaii Date: NOY •s - Filed ·2·6 ·O 1 DEPARTMENT OF HUMAN SERVICES The repeal of chapter 15-179 and the adoption of chapter 17-2017, Hawaii Administrative Rules, on the Summary Page dated October 21, 2004 was adopted on October 21, 2004 following public hearings held on September 14, 2004 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui News, West Hawaii Today, and the Hawaii Tribune- Herald newspapers on August 12, 2004. The repeal and adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: 6£: Ol\1 \1- AON \'O. CHARLES A. $TED, Chairperson Housing and Community __P-~opment Corporation of .,,,.,✓·- HawaJ.i C-1.~ THEODORE E. LIO Director of Business, Economic Development and Tourism LINDA LINGLE Governor State of Hawaii Date: NOY •s - Filed ·2·6 ·O 1 DEPARTMENT OF HUMAN SERVICES The repeal of chapter 15-179 and the adoption of chapter 17-2017, Hawaii Administrative Rules, on the Summary Page dated October 21, 2004 was adopted on October 21, 2004 following public hearings held on September 14, 2004 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui News, West Hawaii Today, and the Hawaii Tribune- Herald newspapers on August 12, 2004. The repeal and adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: 6£: Ol\1 \1- AON \'O. CHARLES A. $TED, Chairperson Housing and Community __P-~opment Corporation of .,,,.,✓·- HawaJ.i C-1.~ THEODORE E. LIO Director of Business, Economic Development and Tourism LINDA LINGLE Governor State of Hawaii Date: NOY •s - Filed ·2·6 ·O 1 DEPARTMENT OF HUMAN SERVICES The repeal of chapter 15-179 and the adoption of chapter 17-2017, Hawaii Administrative Rules, on the Summary Page dated October 21, 2004 was adopted on October 21, 2004 following public hearings held on September 14, 2004 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui News, West Hawaii Today, and the Hawaii Tribune- Herald newspapers on August 12, 2004. The repeal and adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: 6£: Ol\1 \1- AON \'O. CHARLES A. $TED, Chairperson Housing and Community __P-~opment Corporation of .,,,.,✓·- HawaJ.i C-1.~ THEODORE E. LIO Director of Business, Economic Development and Tourism LINDA LINGLE Governor State of Hawaii Date: NOY •s - Filed ·2·6 ·O 1 DEPARTMENT OF HUMAN SERVICES The repeal of chapter 15-179 and the adoption of chapter 17-2017, Hawaii Administrative Rules, on the Summary Page dated October 21, 2004 was adopted on October 21, 2004 following public hearings held on September 14, 2004 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui News, West Hawaii Today, and the Hawaii Tribune- Herald newspapers on August 12, 2004. The repeal and adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: 6£: Ol\1 \1- AON \'O. CHARLES A. $TED, Chairperson Housing and Community __P-~opment Corporation of .,,,.,✓·- HawaJ.i C-1.~ THEODORE E. LIO Director of Business, Economic Development and Tourism LINDA LINGLE Governor State of Hawaii Date: NOY •s - Filed ·2·6 ·O 1 DEPARTMENT OF HUMAN SERVICES The repeal of chapter 15-179 and the adoption of chapter 17-2017, Hawaii Administrative Rules, on the Summary Page dated October 21, 2004 was adopted on October 21, 2004 following public hearings held on September 14, 2004 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui News, West Hawaii Today, and the Hawaii Tribune- Herald newspapers on August 12, 2004. The repeal and adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: 6£: Ol\1 \1- AON \'O. CHARLES A. $TED, Chairperson Housing and Community __P-~opment Corporation of .,,,.,✓·- HawaJ.i C-1.~ THEODORE E. LIO Director of Business, Economic Development and Tourism LINDA LINGLE Governor State of Hawaii Date: NOY •s - Filed ·2·6 ·O 1 DEPARTMENT OF HUMAN SERVICES The repeal of chapter 15-179 and the adoption of chapter 17-2017, Hawaii Administrative Rules, on the Summary Page dated October 21, 2004 was adopted on October 21, 2004 following public hearings held on September 14, 2004 after public notice was given in the Honolulu Star-Bulletin, The Garden Island, The Maui News, West Hawaii Today, and the Hawaii Tribune- Herald newspapers on August 12, 2004. The repeal and adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. APPROVED AS TO FORM: 6£: Ol\1 \1- AON \'O. CHARLES A. $TED, Chairperson Housing and Community __P-~opment Corporation of .,,,.,✓·- HawaJ.i C-1.~ THEODORE E. LIO Director of Business, Economic Development and Tourism LINDA LINGLE Governor State of Hawaii Date: NOY •s - Filed ·2·6 ·O 1 DEP ARTMENT OF HUMAN SERVICES The repeal of chapte r 1 5 - 1 7 9 an d the adoptio n of chapt er 1 7 -20 1 7 , Hawai i Admin i strative Rul e s , on the Summa ry Pag e dated Octobe r 2 1 , 2 0 0 4 was adopted on October 2 1 , 2 0 0 4 fol low i n g publ ic h earings held on September 1 4 , 2 0 0 4 a fter publ ic not ic e wa s given in the Honol ulu St ar-Bulletin, The Garden I s land, The Mau i News , We st Hawa ii Toda y , a n d the Hawa i i Tribune Herald new spapers on Augus t 1 2 , 2 0 0 4 . The r epeal and adopt io n shall tak e e ffect ten days a ft e r f i ling wit h the Office of the Lieutenant Governor . APPROVED AS TO FORM : 6: Oli tP- AON 1PO. CHARLES A . STED, Cha i rperson Housin g and Community Development Corporation of � � Hawai i � 4 � 1 A. THEODORE E . LIU Di rector of Bus i nes s , Economic Development and Touris m LINDA LINGLE Governor State of Hawaii Dat e : _NOY 3 2% Fi le d 2. 6 0 1
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