HAR §17-2017-9

HAR §17-2017-9. methods in the order listed ·-shall be

Last amended: 2017Length: 3,508 wordsOfficial source

Cite as Haw. Code R. § 17-2017-9

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 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 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 2017-12 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 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) §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 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 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 2017-14 2 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»PY@SEE* not to exceed $4,000, is the amount, fliany, 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 and who has 2017-14 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 0an,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 0an,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 ̢̣ ̤̥ ̦ ̧ ̨ ̩ ̪ ̫ ̬ 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 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 2017-15 216 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 2017-16 26.01 §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 eligible 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" NOV*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 2017-16 year 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)
HAR §17-2017-9: HAR §17-2017-9. methods in the order listed ·-shall be | Justis AI