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