HAR §15-24-23. Inspection of books

All books and records kept by a business regarding actual moving and reestablishment expenses incurred shall be subject to review and audit by the authority during reasonable business hours. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-23 is based substantially upon §15-18-7. [Eff 9/22/84; R 2/11/91] §§15-24-24 to 15-24-27 Reserved. UNOFFICIAL COMPILATION NOVEMBER 1999 -22- UNOFFICIAL COMPILATION NOVEMBER 1999 -23- SUBCHAPTER 3 RESIDENTIAL RELOCATION §15-24-28 Optional relocation payments for displaced persons - individuals and families. (a) In the case of a self-move, the displacee may be paid an amount negotiated between the displacing governmental agency and the displacee not to exceed the lower of two firm bids or estimates obtained by the displacing governmental agency. (b) In lieu of the payment authorized by §15-24-4, a displaced individual or family may elect to receive a moving expense allowance, not to exceed $200, plus a dislocation allowance of $100. (1) The moving expense allowance shall be determined according to the schedules shown in table 1, fixed payment moving cost schedules. Subschedule A applies to any eligible residential displacee who occupies and provides all or most of the furnishings for the dwelling unit from which the displacee is being displaced. Subschedule B applies to tenants who occupy furnished dwelling units (i.e., furnishings are provided by the landlord). In either case, the total fixed schedule payment including both rooms and dislocation allowance cannot exceed $300. (2) Basements, enclosed porches, attics, separate sheds, and other storage areas of this type can qualify as compensable rooms provided that the areas contain furniture, appliances, or other personal property reasonably equivalent to a routinely furnished room. Bathrooms, hallways, and closets do not qualify and shall not be counted as separate rooms. (3) If the eligible displacee is conducting a hobby- type or part-time business operation on the residential property, the residential fixed schedule moving cost payment shall include the cost of moving all personal property involved - both residential and business - and no other moving cost payment will be authorized. A displacee involved in a "full-time" business is entitled to a separate business moving cost payment. UNOFFICIAL COMPILATION NOVEMBER 1999 -24- TABLE 1 FIXED PAYMENT MOVING COST SCHEDULES SUBSCHEDULE A: Furnishings Owned by Displacee - Including Partly Furnished Units 8 or 1 2 3 4 5 6 7 More Room Rooms Rooms Rooms Rooms Rooms Rooms Rooms $50 $65 $80 $105 $135 $160 $185 $200 Plus $100 Dislocation Allowance Maximum payment authorized $300 ($200 moving costs plus $100 dislocation allowance) SUBSCHEDULE B: Furnishings Owned by Landlord - Fully Furnished Units and Sleeping Rooms 1 Room Each additional room $25 $10; but not to exceed $200 Plus $100 Dislocation Allowance Maximum payment authorized $300 [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-28 is based substantially upon §15-18-3. [Eff 9/22/84; am 5/11/85; R 2/11/91] §15-24-29 Replacement housing payment. (a) In addition to other payments authorized herein, individuals and families displaced by a governmental agency are entitled to supplementary payments in accordance with this section. (b) For the purposes of this section, the term "dwelling" also includes a condominium or cooperative apartment. (c) Application for supplementary payment shall be on a form provided by the authority and shall be filed with the displacing governmental agency no later than eighteen months UNOFFICIAL COMPILATION NOVEMBER 1999 -25- 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 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 displacing governmental agency may make payments into escrow prior to the displaced person's moving. (e) Prior to any payment, the displacing governmental 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) A replacement housing payment can be computed and paid to a property owner in advance if the determination of the acquisition price will be delayed pending the outcome of condemnation proceedings. A provisional replacement housing payment shall be calculated by deeming the displacing governmental agency's maximum offer for the property as the acquisition price. Payment of the amount may be made upon the owner-occupant's agreement that: (1) Upon final determination of the condemnation proceeding the replacement housing payment shall 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 together with the amount of the provisional replacement housing payment exceed the cost of an average comparable dwelling, the property owner shall refund to the displacing governmental 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 total 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 obtains 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 is eligible for the replacement housing payment if the dwelling meets the requirements of UNOFFICIAL COMPILATION NOVEMBER 1999 -26- §15-24-36 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, the displaced persons shall not be required to relocate together but all relocatees shall 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, the individuals or families shall be considered a single unit but separate from the displaced business 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. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-29 is based substantially upon §15-18-8. [Eff 9/22/84; R 2/11/91] §15-24-30 Replacement housing payment to a one-year owner-occupant who purchases housing. (a) A displaced owner-occupant of a one-, two- or three-family dwelling acquired by any governmental agency shall be eligible for a replacement housing payment; provided that the dwelling was actually and lawfully occupied by the owner-occupant for not less than one year prior to the first written offer for the acquisition of the property. The payment, not to exceed $5,000, shall be the amount, if any, which when added to the acquisition payment, equals the average price required for a comparable dwelling. The payment shall be made only to a displaced owner who purchases and occupies a dwelling within one year subsequent to the date on which the owner is required to move from the dwelling on the real property acquired for public purposes. (b) The average price of a comparable dwelling shall be established by one of the following methods: (1) The displacing governmental agency may determine the average price of a comparable dwelling by having a qualified appraiser who is familiar with real property values and real estate transactions select at least three comparable dwellings. (2) In lieu of the above method, the displacing governmental agency may perform a locality-wide study to develop the probable average selling UNOFFICIAL COMPILATION NOVEMBER 1999 -27- price of various classes of dwelling units available on the market. 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) above, one of the following methods in the order listed shall be acceptable. (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 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 the 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 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 to a comparable homesite. (4) In the event the cost of replacement housing determined by paragraphs (1), (2) and (3) above exceeds the acquisition cost, plus the $5,000 replacement housing limit, the replacement housing payment may be determined by estimating the amount paid for the dwelling at the present location on UNOFFICIAL COMPILATION NOVEMBER 1999 -28- 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 §15-24-31, the amount of such payment received shall be deducted from the amount to which the owner- occupant is entitled under this section. In no event may the combined payments exceed $5,000. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E- 10.5) Historical Note: §15-24-30 is based substantially upon §15-18-9. [Eff 9/22/84; R 2/11/91] §15-24-31 Replacement housing payment to owner-occupants who rent. (a) A displaced owner-occupant of a one-, two- or three-family dwelling acquired by any governmental agency who elects to rent shall be eligible for a replacement housing payment; provided that the dwelling was actually and lawfully occupied by the owner-occupant for not less than one year prior to the first written offer for acquisition of the property; and provided further 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 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, not to exceed $1,500. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-31 is based substantially upon §15-18-10. [Eff 9/22/84; R 2/11/91] §15-24-32 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 any governmental agency, who does not qualify for a replacement housing payment under §15-24-30 shall be eligible for a replacement housing payment; provided that the dwelling was actually and lawfully occupied by the owner-occupant for less than one year but not less than ninety days prior to the first written offer for acquisition of the property; and UNOFFICIAL COMPILATION NOVEMBER 1999 -29- provided further 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) The payment, not to exceed $1,500, is the amount, if any, which is necessary to make a down payment on a replacement dwelling. The determination of the amount necessary for a down payment 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. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-32 is based substantially upon §15-18-11. [Eff 9/22/84; R 2/11/91] §15-24-33 Replacement housing payment to owner- occupants for less than one year but not less than ninety days who rent. (a) A displaced owner-occupant of a one-, two- or three-family dwelling acquired by any governmental agency who elects to rent shall be eligible for a replacement housing payment; provided that the dwelling was actually and lawfully occupied by the owner-occupant for less than one year but not less than ninety days prior to the first written offer for acquisition of the property; and provided further 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 $1,500, shall be 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. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-33 is based substantially upon §15-18-12. [Eff 9/22/84; R 2/11/91] §15-24-34 Replacement housing payment to tenant- occupants and sleeping room occupants for not less than ninety days who rent. (a) A displaced tenant of property acquired by any governmental agency who elects to rent shall be eligible for a replacement housing payment; provided that the tenant-occupant has been in occupancy for more than 90 days prior to the first written offer to purchase the dwelling, or if the displaced tenant moves in "reasonable expectation" the tenant shall have been in occupancy for UNOFFICIAL COMPILATION NOVEMBER 1999 -30- more than 90 days prior to the date of the move; and provided further that the tenant has rented and occupied a comparable decent, safe and sanitary dwelling not later than one year subsequent to the date on which the tenant was required to move. (b) The payment, not to exceed $1,500, shall be determined by subtracting from the actual amount necessary to rent a comparable dwelling or room 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 the rental is reasonable, or the average rent, if reasonable, during the time of occupancy if the occupancy is less than six months, prior to being required to move; or (2) If the rent is not reasonable, twenty-four times the economic rent established by the displacing governmental agency for the dwelling unit. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-34 is based substantially upon §15-18-13. [Eff 9/22/84; R 2/11/91] §15-24-35 Replacement housing payment to tenant- occupants for not less than ninety days who purchase. (a) A displaced tenant of property acquired by any governmental agency shall be eligible for a replacement housing payment; provided that the tenant-occupant has been in occupancy for more than 90 days prior to the first written offer to purchase the property, or if the displaced tenant moves in "reasonable expectation" the tenant shall have been in occupancy for more than 90 days prior to the date of the move; and provided further that the 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 acquired. (b) The payment, not to exceed $1,500, shall be the amount necessary to make a down payment on a comparable dwelling. Determination of the amount necessary for the down payment shall be based on the amount that the displaced tenant 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 shall be applied to the down payment, including closing costs. (d) If a tenant who otherwise qualifies for a payment under this section has previously received a payment under §15-24-34, the amount of the prior payment shall be deducted UNOFFICIAL COMPILATION NOVEMBER 1999 -31- from the amount the tenant is otherwise eligible for under this section. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E- 10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-35 is based substantially upon §15-18-14. [Eff 9/22/84; R 2/11/91] §15-24-36 Decent, safe and sanitary housing. (a) Decent, safe and sanitary housing shall be a dwelling which: (1) 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 refrigerator. When these facilities are not required by local codes, ordinances, or custom, the kitchen area shall have utility service connections and adequate space for the installation of these facilities; (3) Has a bathroom, well lighted and ventilated and affording privacy to a person within it, containing a lavatory, 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; (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 shall 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 shall have at least two means of egress; and (7) Has one hundred fifty (150) square feet of habitable floor space for the first occupant in a standard living unit and at least one hundred (100) 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 shall be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking or UNOFFICIAL COMPILATION NOVEMBER 1999 -32- dining purposes, and excludes enclosed places such 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 paragraphs (1), (4), (5), and (6) under subsection (a) above; (2) Have at least one hundred (100) square feet of habitable floor space for the first occupant and fifty (50) square feet of habitable floor space for each additional occupant; and (3) Lavatory and toilet facilities that provide privacy including a door that can be locked if the facilities are separate from the room. (c) The executive director may approve exceptions to the standards but requests shall 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 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-36 is based substantially upon §15-18-16. [Eff 9/22/84; R 2/11/91] §15-24-37 Assurance of availability of housing. At least one hundred twenty days prior to any displacement, a displacing governmental agency shall provide the following to the authority: (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 with regard to public utilities and public and commercial facilities and at rents 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 the displaced families and individuals and reasonably accessible to their places of employment. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-37 is based substantially upon §15-18-19. [Eff 9/22/84; R 2/11/91] UNOFFICIAL COMPILATION NOVEMBER 1999 -33- §§15-24-38 to 15-24-40 Reserved. UNOFFICIAL COMPILATION NOVEMBER 1999 -34- SUBCHAPTER 4 RELOCATION LOAN PROGRAM