Haw. Code R. § 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 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 § 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.

Notes

Haw. Code R. § 15-24-29

[Eff 2/11/91] (Auth: HRS §§ 206E-4, 206E-10.5) (Imp: HRS §§ 206E-4, 206E-10.5)
§ 15-24-29 is based substantially upon § 15-18-8. [Eff 9/22/84; R 2/11/91]