Haw. Code R. § 15-24-30 - Replacement housing payment to a one-year owner-occupant who purchases housing

Current through February, 2022

(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 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 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.

Notes

Haw. Code R. § 15-24-30
[Eff 2/11/91] (Auth: HRS §§ 206E-4, 206E-10.5) (Imp: HRS §§ 206E-4, 206E-10.5)
§ 15-24-30 is based substantially upon § 15-18-9. [Eff 9/22/84; R 2/11/91]

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