Haw. Code R. § 15-24-22 - Reestablishment expenses

(a) In addition to other payments authorized herein, businesses displaced by governmental agencies may be eligible to receive a payment, not to exceed $10,000, for expenses actually incurred in reestablishment of their businesses.

(b) Reestablishment expenses must be reasonable and necessary, as determined by the displacing agency. They may include, but are not limited to, the following:

(1) Repairs or improvements to the replacement real property as required by Federal, State or local law, code or ordinance.

(2) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business.

(3) Construction and installation costs, not to exceed $1,500 for exterior signing to advertise the business.

(4) Provision of utilities from right-of-way to improvements on the replacement site.

(5) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, panelling, or carpeting.

(6) Licenses, fees and permits when not paid as part of moving expenses.

(7) Advertisement of replacement location, not to exceed $1,500.

(8) Estimated increased costs of operation during the first two years at the replacement site for such items as:

(A) Lease or rental charges,

(B) Real property taxes,

(C) Insurance premiums, and

(D) Utility charges, excluding impact fees.

(9) Impact fees or one-time assessments for anticipated heavy utility usage.

(10) Other items that the displacing agency considers essential to the reestablishment of the business.

(c) The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible:

(1) Purchase of capital assets, such as, office furniture, filing cabinets, machinery or trade fixtures.

(2) Purchase of manufacturing materials, production supplies, product inventory or other items used in the normal course of the business operation.

(3) Interior or exterior refurbishments at the replacement site which are for aesthetic purposes, except as provided in subsection (b) (5) of this section.

(4) Interest on money borrowed to make the move or purchase the replacement property.

(5) Payment to a part-time business in the home which does not contribute materially to the household income.

(d) Businesses which qualify for reestablishment expenses benefits are those displaced by the authority or other governmental agency including those businesses displaced by the authority's improvement district 3 as established by chapter 15-20, Hawaii administrative rules, and the Mother Waldron Park expansion projects of the Kakaako community development district.

Notes

Haw. Code R. § 15-24-22

[Eff 2/11/91] (Auth: HRS §§ 206E-4, 206E-10.5) (Imp: HRS §§ 206E-4, 206E-10.5)