HAR §17-2017-2
HAR §17-2017-2. Definitions
Length: 694 wordsOfficial source
Cite as Haw. Code R. § 17-2017-2
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
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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
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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
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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)