Title 17 – Chapter 2017 – Assistance to Displaced Persons

DEPARTMENT OF HUMAN SERVICES

Repeal of Chapter Repeal Chapter 15-179 and Chapter 17-2017 Adoption of Chapter Hawaii Administrative Rules Hawaii

October 21, 2004 October

1. Chapter 179 of Title 15, Hawaii Chapter Hawaii Administrative Rules, is repealed.

2. Chapter 2017 of Title 17, Hawaii Chapter Hawaii Administrative Rules, entitled entitled "Assistance to to Displaced Persons" is adopted. 0

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HAWAII ADMINISTRATIVE HAWAII ADMINISTRATIVE RULES

TITLE 15 TITLE

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT TOURISM AND TOURISM

SUBTITLE 14

ROUSING AND COMMUNITY HOUSING COMMUNITY DEVELOPMENT CORPORATION CORPORATION OF HAWAII HAWAII

CHAPTER 179

DISPLACED PERSONS ASSISTANCE TO DISPLACED

Repealed

$S15-179-1 to §§15-179-1 to 15-17 15-179-20 Repealed. Repealed. I[R R NOV 15, I5 2004 1]

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ADMINISTRATIVE RULES HAWAII ADMINISTRATIVE HAWAII

TITLE TITLE 17

DEPARTMENT OF HUMAN HUMAN SERVICES

SUBTITLE SUBTITLE 5

HOUSING AND COMMUNITY HOUSING COMMUNITY DEVELOPMENT CORPORATION CORPORATION OF HAWAII HAWAII

CHAPTER 2017

ASSISTANCE TO DISPLACED DISPLACED PERSONS

§17-2017-1 applicability Purpose and applicability §17-2017-2 Definitions §17-2017-3 Relocation payments §17-2017-4 §17-2017-4 Application §17-2017-5 Prompt payments Prompt §17-2017-6 Partial acquisition §17-2017-7 §17-2017-7 Inspection Inspection of books $17-2017-8 §17-2017-8 Replacement Replacement housing payment payment §17-2017-9 Replacement payment to a Replacement housing payment one-year owner-occupant who one-year owner-occupant purchases §17-2017-10 Replacement Replacement housing payment payment to to owner-occupants who rent rent §17-2017-11 Replacement housing payment Replacement payment to to owner-occupants fpr.less for.less thah than one but not year but not less than ninety ninety days who purchase $17-2017-12 §17-2017-12 Replacement housing payment Replacement payment to to owner-occupants for less less than than one year but but not not less than ninety ninety days rent who rent §17-2017-13 Replacement Replacement housing payment payment to to tenant-occupants for ~ot not less than than ninety days who rent ninety

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§17-2017-1 §17-2017-1

§17-2017-14 §17-2017-14 Replacement housing Replacement housing payment payment to to tenant-occupants for tenant-occupants for not not less less than than ninety days ninety days who who purchase purchase §17-2017-15 §17-2017-15 Rep l acement housing Replacement housing payment payment to to tenant tenant of sleeping of sleeping room room who who rents rents §17-2017 16 §17-2017-16 and sanitary Decent, ssafe, and Decent, sanitary housing housing §17-2017-17 §17-2017-17 Right to Right to appeal appeal §17-2017-18 §17-2017-18 Documentation Documentation §17-2017-19 §17-2017-19 Assurance of Assurance of availability availability of of housing housing §17-2017-20 §17-2017-20 Relocation assistance Relocation programs assistance programs

Historical note: Chapter Historical·note: Chapter 2017 2017 of of Title Title 17, 17, Hawaii Administrative Hawaii Administrative Rules, Rules, is is based based substantially substantially upon Chapter upon Chapter 391 391 of of Title Title 6, 6, Hawaii Hawaii Administrative Administrative Rules, [Eff Rules, 8/25/90; RR 10/25/99], [Eff 8/25/90; 10/25/99], and and Chapter Chapter 179 179 of of Title 15, Title 15, Hawaii Hawaii Administrative Administrative Rules Rules [Eff [Eff 10/25/99; 10/25/99; � NOV 1 R NOV 1 5_ 200A 2004 §17-2017-1 Purpose §17-2017-1 Purpose and and applicability. applicability. The The purpose of purpose of this this rule rule is is to to implement implement chapter chapter 111, 111, HRS. HRS. These rules These rules are are not not applicable applicable inin instances instances where where state agencies state agencies use use federal federal funds funds (tot a or (total or partial) partial) toto implement aa project implement project which which causes causes displacement displacement ofof individuals, families, individuals, families, businesses, businesses, farms farms or or non-profit non-profit organizations; applicable organizations; applicable provisions provisions ofof the the Uniform Uniform Relocation Assistance Relocation Assistance and and Real Real Property Property Acquisition Acquisition Policy Act Policy Act of of 1970 1970 (ORA), (URA), as as amended, amended, shall shall apply apply to to reloca t io n s relocatj&~~ when when federal federal funds funds are are involved. involved. tErf tEff NUV } 5 2004 ]1 (Auth: llUV I 5 2004 (Auth: HRS HRS §111-9) $111-9) (Imp: (Imp: HRSHRS §111-9; 49 §111-9; 49 CFRCFR Part Part 24) 24)

§17-2017-2 Definitions. §17-2017-2 Definitions. The The terms terms "business", "business", "displaced person", "displaced person", 0"family", "farm "farm operation", operation", "person" and "person" and "state "state agency" agency" shall shall be be defined defined as as set set forth in forth in section section 111-2, 111-2, ~RS. HRS. AsAs used used in in this this chapter: chapter: "Comparable dwelling" "Comparable dwelling" means means one one which which when when compared with compared with the the dwelling dwelling being being taken taken is: is: (1) Decent, (1) Decent, safe, safe, and and sanitary; sanitary; (2) (2) Functionally Functionally equivalent equivalent and substantially and substantially

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respect to the same with respect to number number of rooms, living space, type of construction, area of living age, and state of repair; (3) In areas notnot generally less desirable than than to be acquired in regard to the dwelling to to commercial public utilities, and public and commercial facilities; (4) accessible to Reasonably accessible to the displaced displaced person's place of employment; (5) Adequate to (5} to accommodate the relocatee; (6) In an equal In equal or better neighborhood; (7) Available on the market; market; and (8) Open to to all persons regardless of race, national origin; color, religion, sex or national "Corporation"11 means the housing housing and community development corporation of Hawaii development Hawaii created created under chapter 201G, HRS. , "Eligible person" means any displaced "Eligible displaced person who entitled to is, or becomes, lawfully entitled to any payment payment under these rules. "Executive director" 11 director" means means the executive director corporation or the executive employed by the corporation director's desig designated representative. "Individual" means a person who is not nindividual" not a member member of a family. "Moves in reasonable expectation". A personperson who from real moves from real property subsequently acquired acquired for public purposes as a result of the ''"reasonable acquisition of such real property" is expectation of acquisition one who is in occupancy on the date of the first written offer to written to purchase the property and meets the occupancy requirements. The occupancy requirements must be computed from must from the date the person moves. "Moving expenses" includes the costcost of dismantling, disconnecting, crating, loading, temporary storage, transporting, unloading, insuring, temporary reinstalling of personal reinstalling personal property, including service charge inin connection with effecting effecting such reinstallations, exclusive of the costcost of any additions, improvements, alterations, or or other physical physical changes in in or to any structure structure in in connection connection

2017-3 2.6 .01

§17-2017-2 §17-2017-2

lodging and therewith, and necessary temporary lodging transportation of eligible transportation eligible persons. "Owner"71 means: "Owner legally or equitably, the fee sireple (1) Owning, legally (1} simple life estate, a ninety-nine estate, a life ninety-nine year year lease, or other proprietary interest in in the property; (2) contract purchaser (2} The contract purchaser of any of the foregoing estates or interest; or foregoing (3) Who has succeeded to to any of the the foregoing foregoing interests by devise, bequest, inheritance or operation of operation of law. In the event event of of acquisition of ownership by such methods, acquisition tenure of the succeeding the tenure succeeding owner owner shall shall include the tenure of the preceding owner. "State" means the State of Hawaii. NOV 15 Z004 [Err NOV 15 2004 1J (Auth: HRS [Eff HRs §§111-2, ss111-2, 111-9) (Imp: HRS §§111-2, 111-9)

§17-2017-3 Relocation payments. (a} Relocation (a) Except Except as individual, family, business, or provided below, any individual, farm operation farm operation displaced displaced by a state state agency is is entitled entitled to receive a payment to payment for actual actual reasonable reasonable moving receipted bill or other supported by a receipted expenses supported other evidences of expenses incurred. The distance of of the the shall not move shall not exceed fifty fifty miles measured in in a straight line. There is straight is no occupancy time limit for eligibility eligibility for moving expense payments. Where it is to be in shown to in the public interest, interest, the the executive director may give prior approval approval to to more more than one move move displaced person. In order to of a displaced to obtain obtain a moving displaced person must expense payment, a displaced must file file written written claim with the displacing claim displacing state state agency on form an a form the corporation. Except approved by the Except for hardship hardship payment shall be made only cases, the moving expense payment written after the move is accomplished. By written prearrangement among the displacing prearrangement displacing state state agency, the displaced person, and thethe mover, a displaced person present an unpaid moving bill to may present to the displacing displacing state agency and the state the agency may pay the mover mover directly. A state state agency may enter into into a contract contract

2017-4 2017-4

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independent movers on a schedule basis and with independent furnish a displaced furnish displaced person with a list of movers to to from to choose from to move the person's p roperty. y . In such instances, the i~stances, the state state agency shall pay the mover. (b) Optional (b) Optional payments: (1) In the case ofof a self-move, the or farm business or farm operation operation ma may be paid amount to an amount to be negotiated between the displacing state agency and the displacing farm operation displaced business or farm not to exceed the lower of two firm not firm bids or estimates obtained by the state state prepared by qualified agency or prepared qualified state other than estimators other than the employee handling the claim. The cost handling cost of obtaining firm obtaining firm bids or estimates is is considered eligible considered eligible for reimbursement. displaced business or (2) A displaced farm operation or farm peration may elect to to accept accept the optional optional payments authorized authorized in section section 111-3, HRS. (A) The term {A) term "average annual annual net earnings" means one-half of any earnings" net earnings of the business net before federal, state, and locallocal income taxes, during the two taxable years immediately preceding the taxable year in which the business is displaced. earnings" "Average annual net earnings" includes any compensation paid by to the owner, the the business to owner's spouse, oror the owner's owner's during the two-year dependents during period. Such earnings and compensation may be established by federal or state income tax tax filed by the business and returns filed its owner its owner and the owner's owner's spouse during the two-year and dependents during period. In the case of a owner of a business, corporate owner

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§17-2017-3

earnings shall include any compensation paid to to the spouse oror owner of a dependents of the owner majority interest in in the corporation. For For the purpose of determining majority ownership, stock held stock held by a husband, spouse dependent children wife and their dependent children shall be treated shall treated as one unit. (B) {B) For the owner For displaced farm owner of a displaced farm displacing state operation, the displacing must determine that: agency must (i) The farm (i) farm operator has farm operations discontinued farm present location; or at the present (ii) The entire {ii) entire farm farm operation has relocated to been relocated to a new new location as a result location result of the acquisition of real property. acquisition (C) displaced business or farm If the displaced farm operation affected operation affected can show show that it was inin business for twelve consecutive months during the two prior to taxable years prior to the taxable year inin which it was was displaced, during such period had income during period and is otherwise eligible, such displaced business or farm displaced farm operation is operation is eligible eligible to to receive payment in the payment in accordance with subparagraph (A) and seqtion subparagraph section 111-3, HRS, and paragraph 2(A)2(A) of this section. Where the business farm operation or farm operation was inin operation operation for twelve consecutive months or but was not more but not in in operation operation during the entire during entire two preceding preceding payment shall years, the payment shall be dividing the net computed by dividing net number of months earnings by the number farm operation the business or farm operation was

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§17-201-4

operated and multiplying operated multiplying by twelve. For the owner (c) For owner of a business or farm farm operation operation entitled to to be entitled to payment, the· business or farm farm operation must operation must provide information information toto support its its net net earnings. (d) A displaced individual or family may elect to to accept the accept the optional optional payments authorized authorized in in section section 111-3(c), HRS. State agencies shall use the outlined in guidelines outlined in exhibit "A", Optional Optional Fixed Payments Moving CostCost Schedule Applicable to to State Funded Displacements, dated NOV 'l155 2004 , l9cated NOV located this chapter, when effecting at the end of this effecting opti6rial optional fixed payments to fixed to individuals and families families displaced displaced state agency action as a result of state action.. Additionally, if federal funds should be involved in a state state agency project resulting project resulting inin displacement of individuals and state agencies shall apply the current families, the state effecting optional federal guidelines for effecting optional fixed fixed yments to payments to those individuals and families. (e) When necessary, a displaced (e} displaced person falling falling within subsection (a} within (a) may store personal personal property for a reasonable time, not year, p e n not to exceed one year,. e~~gdin location of replacement location replacement housing. The cost cost of suchg considered as part storage shall be considered part of the moving costs. Such costs shall be paid only only after a showing of necessity for such storage and approval of approval by the displacing state displacing state agency4 agency. This subsection shall not apply to, p ersons electing _2,ersons electing other optional optional payments. [Err [E ff NOV UV l155 2004 ]� (Au Auth: th : aRs § § HRS ss111-3, 111-9) 111- (Imp: {Imp: SS111-3, 111-9) HRS §§111-3, 111-9)

§17-2017-4 Application. {a) §17-2017-4 (a) No application application for relocation payment any relocation payment authorized authorized by section 17-2017-3 shall be accept~d shall accepted more than eighteen eighteen months after the of displacement, nor date of nor shall any such such payment payment be to the date of made prior to of displacement displacement except except in cases of hardship. for any relocation (b) Applications for relocation payments authorized by section authorized section 17-2017-3 17-2017-3 shall be on forms provided by the state state agency and approved by the

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§17-2017-4 §17-2017-4

corporation, shall corporation, shall be accompanied by be accompanied by such such information information and documents and documents asas may may be be required required by by the the corporation corporation and shall and shaii be be made made di-fz hO j° the directl~Oto the displacing displacing state state agency. [Eff agency. [Eff NOV 15 Zu NO\I n j) (Auth: HRS §111-9) 2UU4 $111-9) (Imp: HRS {Imp: HRS §111-9) §111-9)

§17-2017-5 Prompt §17-2017-5 Prompt payments. All relocation payments. All relocation payments authorized payments authorized by by section section 17-2017-3 17-2017-3 shall shall be be paid paid within thirty within thirty days days after after the the date date of of displacement displacement or or within thirty within thirty days days after after the the date date of of application application if if P21i 88i} 3 2 88 1 appliG.'t'.tion date of che date after the is ,m ade after displacement. or displacement. NOV (E±s NUV [Eff 15 2UI20044 1] (Auth: HRS s111-8) (Imp: HRS HRs §111-8) HRs §111-8) §111-8)

§17-2017-6 Partial §17-2017-6 Partial acquisition. acquisition. Where Where partial partial acquisition of acquisition of real real property property occurs, occurs, the the cost cost of of moving personal moving personal property property from from the the area area acquired acquired to to aa remainder area remainder area shall shall be be considered considered moving moving expenses expenses eligible for eligible for compensation compensation ifif removal removal ofof the the property property is necessary is necessary and and is is not not otherwise otherwise compensated. compensated. (Esf NOV (Eff 15 2004 ] NOV 15 • 2004 1 (Aut (Auth:: aRs HRS s111 -9 ) (Imp: §111-9) HRS (Imp: HRS S111-9) §111-9)

§17-2017-7 Inspection §17-2017-7 Inspection of of books. books. AllAll books books and and records kept records by aa business kept by business or or farm farm operation operation rregarding egarding actual moving actual moving expenses expenses incurred incurred shall shall be,subject be subject toto review and review and audit audit by by aa representative representative 'Of of the the displacing displacing state agency state agency during during reasonable reasonable business business hours. hours. a«en: HRS ses §111-8) s111-8) (Imp: (amp: HRS ass �i~ii~aNOV _ � E - NOV 15 200 2004 ) (Auth:

$17-2017-8 Replacement §17-2017-8 Replacement housing housing payment. payment. (a) (a) In In addition to other payments authorized herein, addition to other payments authorized herein, displaced individuals displaced individuals a~d and families families are are entitled entitled to to supplementary payments supplementary payments in in accordance accordance with with this this section. section.

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§17-201-8

(b) For the purpose of this For this section, the term term "dwelling" includes "dwelling" a ndominium condominium or cooperative apartment. supplementary payments (c) Applications for supplementary form approved by the shall be on a form snall the corporation corporation and shall be filed shall filed with the state state agency no later than than eighteen months after the date on eighteen on which the the displaced displaced individual oror family family was was required required to to vacate the dwelling taken for the project, or six six months months after adjudication of final adjudication of the condemnation condemnation case, whichever whichever is later. is later. described in (d) The payments described {d) in this section section shall shall directly to be made directly to the the lessor for rent or toto the payment for a decent, safe, seller for application on payment sanitary dwelling. Upon specific and sanitary specific request request in in the application, thethe state state agency may make payments into into escrow prior to escrow to the displaced displaced person's moving. (e) to any payment, the state Prior to state agency shall shall cause the proposed replacement replacement dwelling dwelling to to be inspected toto ascertain ascertain that it meets the standards established herein established herein for decent, safe, and sanitary sanitary housing. replacement housing payment (f) An advance replacement payment can be computed and paid to owner if the to a property owner determination of the state's determination state's acquisition acquisition price will will be condemnation delayed pending the outcome of condemnation provisional replacement proceedings. A provisional replacement housing payment shall be calculated by deeming the State's payment 1

maximum offer for the maximum the property as the the acquisition acquisition Payment of such amount price. Pay~ent amount may be made upon the the owner-occupant's agreement owner-occupant's agreement that: determination of the condemnation (1) Upon final determination {1) replacement housing payment proceeding the replacement payment will be recomputed using the acquisition will acquisition price determined by the court as compared to to the average price required to to acquire acquire a safe, and sanitary comparable decent, safe, sanitary dwelling; and (2) amount awarded in If the amount in the condemnation market value of the proceeding as the fair market acquired plus the amount property acquired amount of the the provisional replacement provisional replacement housing payment payment

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§17-2017-8 §17-2017-8

exceeds the cost exceeds cost of an ayerage average comparable comparable owner will refund to dwelling, the property owner will to state agency from the state from the judgment, an amount equal to amount to the the amount amount of of the the excess. However, in However, in no no event, event, shall shall the the owner owner be be required to required to refund more than than the amount amount of replacement housing payment the replacement payment advanced. property owner If the property owner does not not agree to to such such payment adjustment, the replacement housing payment deferred until the case is finally shall be deferred finally adjudicated and computed on the adjudicated the basis of the final determination, using the award as the the acquisition price. acquisition (g (g Any eligible person who obtained legallegal ownership of a replacement replacement dwelling before being displaced and displaced and occupies occupies the the replacement replacement dwelling dwelling within within from the date the person is required one year from required to to move in is eligible in eligible for the replacement replacement housing payment payment ifif dwelling meets the requirements of section the dwelling section improved to 17-2017-16 or is improved to meet meet those requirements within the one year within year period. (h) If (h} If two two or more eligible or more eligible displaced persons occupy the same dwelling unit, they shouldshould be treated treated as a single as single unit unit inin computing the the amount amount of the replacement payment due. In order to replacement housing payment to receive payment, such displaced persons shallshall not not be required required to relocate to relocate together together but but all all relocatees relocatees must must move toto decent, safe and sanitary decent, sanitary housing. The payment payment shall made to be made to them them jointly with thethe apportionment toto be made by the_relocatees. individuals or (i) Where displaced individuals or families living quarters on the occupy living the same premises as a displaced business, farm, displaced farm, or or nonprofit nonprofit organization, such individuals or families are such are separate displaced displaced determining entitlement to persons for purposes of determining to relocation payments. relocation payments. (j) The person who establishes the estimate of (j} replacement housing payment value of replacement payment shall shall not not parcel nor deliver the payment negotiate for the parcel payment to the displaced person. This also also is is applicable applicable to to situations where such payments and services are being situations federal, state, or local administered by another federal,

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§17-2017-g

agency. [[Eff NII\/ 2004 1] (Au � 2U04 th: HRS §§111-4, §S111-4, agency. N UV_ 11 !) (Auth: HRS 111-9) 111-9) Imp: HRS §nll-4, l-H'fS 111-9) 'SS1I1-4, 111-9)

housing payment Replacement housing §17-2017-9 Replacement §17-2017-9 payment toto aa owner-occupant who one-year owner-occupant one-year who purchases. purchases. (a) A {a) A displaced owner-occupant displaced owner-occupant of of aa one, or three two, or one, two, three for a replacement eligible for dwelling is eligible family dwelling family replacement housing housing payment in payment in accordance accordance with 111-4(a), HRS. section 111-4{a), with section HRS. ( b}) The The average price of average price of aa comparable comparable dwelling dwelling shall be shall be established established by by one one ofof the the folJowing following methods: methods: The state agency may determine (1) The state agency may determine the average {1} the average of aa comparable price of price comparable dwelling dwelling byby using using aa qualified state qualified state agency agency employee who is employee who is real property with real familiar with familiar values and property values and real real estate transactions estate transactions to to select select at at least least three three dwellings comparable dwellings comparable inin value to the value to the purchased; or unit purchased; housing unit replacement housing replacement or (2) The The state state agency agency oror the the corporation corporation maymay make make develop the will develop which will study which locality-wide study a locality-wide the pprobable average average selling price of selling price of various various classes ofof dwelling units available dwelling units available on on the the market. In In large large urban urban areas, areas, this survey this survey may be confined to to one of the area of one area city or the city or cover several may cover different areas several different areas ifif they they comparable and are comparable accessible to equally accessible and equally to public services public places of and places services and of employment. employment. In order In order to to assure assure the greatest the greatest comparability of comparability of dwellings dwellings inin any any locality-wide study locality-wide study toto the being dwelling being the dwelling acquired, the acquired, study shall the study shall be be divided divided into into classifications as as to to the type of the type of construction, number of rooms rooms and price and price shall be classifications shall Adequate classifications ranges. Adequate be established so established so that the average that the prices average prices therefrom will derived therefrom derived will provide meaningful provide aa meaningful proper basis and proper and establishing a schedule for establishing basis for of fixed of fixed payments payments toto owner-occupants. owner-occupants. Where it (c) Where (c) it is is not not possible possible toto establish establish thethe price of average price of a comparable dwelling dwelling byby the methods the methods forth in set forth set in subsection (b), one subsection (b), of the one of the following following

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§17-2017-9

methods inin the order listed 'shall e listed ·-shall be. acceptable upon approval of the executiv~ prior approval executive ~i~ect~r. director. 1) 1) If other housing is is available inin the the area (that is (that is comparable except except that it is notnot sanitary), the decent, safe, and sanitary}, the payment may be determined by supplementary payment estimating the cost estimating cost toto correct the decent, sanitary deficiencies, adding this safe and sanitary amount to amount to the selling selling price of the replacement housing which is not replacement not decent, safe, and sanitary, and comparing this amount with the amount amount amount paid the relocatee relocatee for a dwelling on an area of land typicaltypical inin homesite in size for a hornesite size in the general general area; (2 {2 there is When there is no other housing available in in area and the area the owner elects to owner to retain retain and move the owner's dwelling move dwelling which isis not not decent, safe, and sanitary, the replacement housing payment housing payment may be determined by estimating the amount paid for the dwelling estimating dwelling present location at the present location on an area of land typical inin size homesite in size for a hornesite in the general area and deducting this amount general amount from from selling price of the dwelling, the estimated selling corrected to corrected to decent, safe, and sanitary sanitary standards on a comparable site; (3) Where there is is no housing available available for comparison and thethe owner owner elects to to retain retain move a decent, safe, and sanitary and move the replacement dwelling, the replacement housing housing payment payment estimating the amount may be determined by estimating amount dwelling at the paid for the dwelling the present present location on an area of land typical in location in size homesite in for a hornesite in the general general area area and deducting this amount deducting amount from from the the estimated estimated selling price of the dwelling selling dwelling relocated relocated on a comparable homesite; and ( 4 (4 event the In the event the cost cost of replacement housing (1), (2) and {3) determined by paragraphs (l)r (3) acquisition cost, plus the above exceeds the acquisition replacement housing limit, the $15,000 replacement replacement housing replacement housing payment payment may be

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§17-2012-10

determined by determined by estimating estimating the the amount amount paid paid for for the dwelling the dwelling at at the the present present location location on on an an area of area of land land typical typical inin size size for for aa homesite homesite in the in the general general area area and and deducting deducting this this amount from amount from the the estimated estimated selling selling priceprice of of aa new comparable, new comparable, decent, decent, safe safe and and sanitary sanitary on aa comparable dwelling on dwelling comparable homesite. homesite. (d) If (d) If an an owner owner occupant occupant isis otherwise otherwise qualified qualified for aa payment for payment under under this this section section but but hashas previously previously payment under received aa payment received under section section 17-2017-10, 17-2017-10, the the amount of amount of the the payment payment received received shall shall be be deducted deducted from from the amount the amount to to which which the the owner-occupant owner-occupant is is entitled entitled under under this section. In this section. In no event "]A 1° no event 5 ?ihA �� 3.1\q)r._,t~eSCijW~ined payments exceed $15,000. payments $15,000. (Eff {Eff NUV 1\ NUV l LUU~]� ZUU4 §5111-4, 111-8) (Auth: HRS §§111-4, 111-8) (Imp: HRS §§111-4, SS111-4, 111-8) 111-8)

$17-2017-10 Replacement §17-2017-10 Replacement housing housing payment eayment toto owner-occupants who owner-occupants who rent. rent. {a) (a) A displaced A displaced owner-occupant of owner-occupant of aa one, one, two, two, or or three three family family dwelling, acquired dwelling, acquired byby the the State, State, who who elects elects to to rent rent isis eligible for eligible replacement housing for aa replacement housing payment payment in in accordance with accordance with section section 111-4(b), 111-4(b), HRS; HRS; provided provided that that the own e the r-occupant has owner-occupant rented aa comparable has rented comparable dwelling dwelling not later not later than one year than one year subsequent subsequent toto the the date date on on which the which the owner-occupant owner-occupant waswas required required to to move. move. (b) The (b) The payment payment shall shall bebe the the lesser lesser of of the the following amounts following amounts but but not not to to exceed exceed $4,000: $4,000: 1 A sum equal A sum equal to to the the difference, difference, ifif any, any, between the between the cost cost of comparable renting aa comparable of renting dwelling for dwelling for the the next next two two years years and and twelve twelve per cent per cent of of the the adq~is~tio~ acquisition price price of of the the property taken; property taken; or or (2) The (2) The amount amount which which the owner-occupant owner-occupant would would have received have received had had the the owner-occupant owner-occupant elected elected receive aa replacement to receive to replacement housing housing payment payment under section under section 17-2017-9. 17-2017-9. (Err [Eff NOV 15 2004 (Auth: (Auth: as §111-9} HRS s111-9) Imp: HRS §111-4) HRS §111-4)

2017-13 2017-13 216 ·0 1

§17-2017-11 §17-2017-11

§17-2017-11 Replacement §17-2017-11 Replacement housing housing payment payment toto owner-occupants owner-occupants for for less less than than one one year but not year but not less less than ninety than ninety days days whowho purchase. purchase. (a) AA displaced (a) displaced owner-occupant owner-occupant of of aa one, one, two,two, or or three three family family dwelling, acquired dwelling, acquired by by the the State, State, who who does does not not qualify qualify for aa replacement for replacement housing housing payment under section payment under section 17-2017-9 is 17-2017-9 is eligible eligible for for aa replacement replacement housing housing payment in payment in accordance accordance with with section section 111-4 (b), HRS; 111-4(b), HRS; provided that provided that the the owner-occupant owner-occupant purchases purchases aa comparable dwelling comparable dwelling not not later later than than one one year year subsequent subsequent to the date on which the to the date on which the owner-occupant owner-occupant was was required required to move. to move. Y@SEE* not not to exceed $4,000, $4,000, isis the the {b) ( ) "//i R»P ,'J~f\;l.e~Pp-Yl])~':1.t, to exceed amount, fl any, amount, if•..1<1ny - Wich which is is necessary necessary to to make make a a downpayrnent on downpayment on aa replacement replacement dwelling. dwelling. (1) The (1) The determination determination of of the the amount amount necessary necessary for a downpayment shall be based on for a downpayment shall be based on the the amount aa relocatee amount relocatee wouldwould have have had had toto pay pay ifif the purchase the purchase of of aa comparable comparable dwelling dwelling waswas financed with financed with aa conventional conventional loan. loan. {2 This payment (2 This payment shallshall not not exceed exceed the the amount amount which the which the owner-occupant owner-occupant would would have have received received had the had the owner-occupant owner-occupant been been eligible for aa eligible for payment under payment under section section 17-2017-9. 17-2017-9. (3) If (3) If thethe owner-occupant owner-occupant is is otherwise otherwise qualified qualified for payment for payment under under this this section section butbut has has previously received previously payment under received aa payment under section section 17-2017-9, the 17-2017-9, the amount amount ofof such such payment payment previously received previously received shall shall bebe deducted deducted from from the amount the amount the the owner-occupant owner-occupant is is entitled entitled to to under this under this section. section. In In no no event event shall shall the the combined total combined Payment exceed total-Ba,,.Y.ffient exceed $4,000. $4,000. (Err NOV 15 l0U4 [Eff Z004 ) (Auth: (autn: HRSRs §111-9) s111-9) (Imp: HRS (Imp: HRS §111-4) §111-4)

$17-2017-12 Replacement §17-2017-12 Replacement housing housing payment to payment to owner-occupants for owner-occupants for less less than than 9ne one year year but but not not less less than ninety than ninety days days who who rent. (s) A displaced rent. (~~-~A displaced of aa one, owner-occupant of owner-occupant one, two, two, or or three three family family dwelling, acquired dwelling, acquired by by the the State, State, who who does does not not qualify qualify for payment for payment under under section section 17-2017-9 17-2017-9 and who has and who has

►2 6 ,o 2 1011 2017-14 2017-14

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elected to elected to rent rent shall shall be be eligible eligible for for aa replacement replacement housing payment housing payment in in accordance accordance with with section section 111-4 (b), 111-4(b}, HRS; provided HRS; provided that that the the owner-occupant owner-occupant has has rented rented and and decent, safe, occupied aa decent, occupied safe, and and s an,1 sanitary I 0 replacement t,a;-y replacement dwelling not dwelling not later later than than one one year year subsequent subsequent Lo to the the date on date on which which the the owner-occupant owner-occupant was was required required toto move move from the from the dwelling dwelling unit unit taken. taken. The payment, ({b}} The payment, not not to to exceed exceed $4,000, $4,000, shall shall bebe the lesser the lesser of: of: (l) AA sum (1) sum equal equal to to the the difference, difference, if if any, any, between between that that cost cost of of renting renting a a comparable comparable dwelling for dwelling for the the next next two two years years and and twelve twelve per cent per cent of of the the acquisition acquisition priceprice of of the the property taken; property taken; and and 2) The amount 2) The amount which which the the owner-occupant owner-occupant wouldwould have received have received had had the the owner-occupant owner-occupant been been eligible for eligible for aa payment payment under under section _section 17-2017-9. 17-2017-9. [Eff [Eff NOV 15 2004 2004]1 (Auth: (Auth: HRs HRS §S111-4, 111-8) §§111-4, 111-8) (Imp: {Imp: HRS §§111-4, HRS §S111-4, 111-8} 111-8)

$17-2017-13 Repl'acement §17-2017-13 Replacement housing housing payment payment toto tenant-occupants for tenant-occupants for not not less less than than ninety ninety days days who who rent. (a) rent. (a) AA displaced displaced tenant tenant of of property property acquired acquired by by the State the State who who elects elects to to rent, rent, is is eligible for aa eligible for replacement housing replacement housing payment payment inin accordance accordance with with section section 111-4(b), HRS; 111-4(b), HRS; provided provided that that the the tenant tenant has has rented rented andand comparable dwelling occupied aa comparable occupied dwelling not not later later than than one one year year subsequent to subsequent to the the date date on on which which he he was was required required to to move. move. (b) The (b) The payment payment shall shall be be determined determined byby , . subtracting from subtracting from the the actual actual amount amount n~~s~s~ry necessary ·fd~rent d*rent aa comparable dwelling comparable dwelling for for the the next next two two years years the the following amount: following amount: Twenty-four times (1) Twenty-four (1) times the the average average monthly monthly rental rental paid by paid by the the relocated relocated individual individual oror family family during the during the last last six six months months if if such such rental rental isis reasonable, or reasonable, or the the average average rent, rent, if if reasonable, during reasonable, during the the time time of of occupancy occupancy if if such occupancy such occupancy is is less less than than six six months, months, prior to prior to being being required required toto move; move; or or

2017-15 2017-15 216 01 '2i6 01

§17-2017-13 §17-2017-13

(2) (2) If such If such rent rent is is not not reasonable, reasonable, twenty-four twenty-four times the times the economic economic rent rent established established by by the the state agency state agency for for ~qe dwelling unit. the dwelling unit. terr [Eff NOV15 2U04 ;J {Auth: 15 ZUU4 cauth: HRs §§111-4, HRS ssi11-4, 111-9) 111-9) (Imp (Imp: HRS § S HRS 111-9) §§111-4, 111-9)

§17-2017-14 Replacement §17-2017-14 Replacement housing housing payment payment toto tenant-occupants for tenant-occupants for not not less less than than ninety ninety days days who who purchase. purchase. (a) A {a) displaced tenant A displaced tenant of of property property required by required by the the State is eeligible State is for aa replacement ligible for replacement housing payment housing payment in in accordance accordance withwith section section 111-4 (b), lll-4(b), HRS; provided HRS; provided thatthat tenant tenant hashas purchased purchased and occupied aa and occupied comparable dwelling comparable dwelling not not later later than than one one year year subsequent subsequent to the to the date date on on which which the the tenant tenant was was required required to to move move from the from the dwelling dwelling unit unit required. required. The payment (b) The (b) payment shall shall be be the the amount amount necessary necessary to to downpayment bn make aa downpayment make on a, a comparable comparable dwelling. dwelling. Determination of Determination of the the amount amount necessary necessary for for such such downpayment shall downpayment shall be be based based on on the the amount amount that that the the relocatee would relocatee would havehave had had toto pay pay if if the the purchase purchase ofof aa comparable dwelling comparable dwelling was was financed financed byby aa conventional conventional loan. loan. (c) The (c) The full full amount amount of of the the replacement replacement housing housing payment must be applied to the downpayment, payment must be applied to the downpayment, including including closing costs. closing costs. (d) If (d) tenant who If aa tenant who otherwise otherwise qualifies qualifies for for aa payment under payment under this this section section hashas previously received aa previously received payment under payment under section section 17-2017-13, 17-2017-13, the the amount amount of of such such prior payment prior payment shall shall bebe deducted deducted from from the the amount amount the the ±era" OV*I'5 tenant~Mvoih,ei;n*~e N 7in@ eligible eligible for for under under this this section. section. [Eff NU [Eff NUV D~. tUU't ZUU4 j] (Auth: (Auth: HRS HRS §§111-4, SS111-4, 111-9) 111-9) (Imp: HRS (Imp: HRS §§111-4, SS111-4, 111-9) 111-9)

§17-2017-15 Replacement §17-2017-15 Replacement housing housing payment to payment to tenant of tenant of sleeping sleeping_room who rents. room who (a) A rents. (a) displaced A displaced sleeping room, of aa sleeping tenant of tenant room, acquired acquired by by the the State, State, who who rents replacement rents replacement housing housing is is eligible eligible for for replacement replacement housing payment with housing payment with section section lll-4(b), 111-4(b), HRS; provided provided that the that the tenant tenant has has rented rented and occupied aa decent, and occupied decent, safe safe sanitary replacement and sanitary replacement dwelling dwelling not not later later than than one one

2017-16 2017-16 26.01

§I7- 2 0 1 7 - 1 6

year subsequent ubsequent to to the the date on wh ich the tenant which enant wawas required red too move from rom the dwe l l dwelling unit t a uni ken . aken. payment sha (b The payment l be determined shall determined by subtracting ing from from the amoun amountt necessary too rent a comparable room room for the next next two years the f o l lowi ng ollowing amount amount: : 11 Twenty- four times Twenty-four ime thethe average month monthlyy rental paid by the relocated located individual or fami familyy dur during ng the last s ixx months if such uch rental iss reasonable, sonabl or the average rentrent,, if reasonable, sonab , during during the time ime of o ccupancy if such occupancy iss less than six ix mont months,, prior to ng requi to being requiredred to to move, or 22}) If s uch rent iss not reasonable, sonable , t wenty- wenty-four times the he economic rent established i shed by the St at e for the dwelling State dwe l l ing unit unit.. (f Eff Erf NOV 15.5 2004]1 ( Au t Auth: HRS s i 1 HRs §111-9)9) (Imp: HRS S 1 1 - ) §111~4)

§ 1 7 -2017-16 1 6 Decent Decent, s afe, and s a n i a itary housing.. Decent, safe and sanitary (a Decent a sanitary housing ing s ha halll be a dwe l l ing which:: dwelling 1 ) Conforms with all appl i (l} c applicable hous housing and occupancy codes; (2 Has a kitchen kitchen area area whi which contains a sink in k in in good working condit on and connected to condition to hot hot water, a sewage disposal and cold water sposal s ys tem a ystem, stove, and a refrigerator.. When these hese facilities are not so required facilities required by l o ocal codes, ordinances, or custom, the the kitchen chen area s hall a l have ut i i t y service connect utility connectionson a nd adequate space for the i n st a l lat ion of nstallation the fac i l t ie s ; ilities; (3 Has a a bathroom, wel l - l ighted and vent i well-lighted a te d ventilated privacy too a person w iithin affording privacy and affording thin it,, ni ng a lavatory, a basin, and a containing bathtub thtub or stall shower shower, properly connected to an adequ to a t supply of hot and cold adequate runningng water, and a flushflush water closet,, all inn good wor ki working order and prope r y connected properly to a sewage disposal system to system;

2 0 17-17 17 26 01 >2-6 01

§ 1 7 - 2017-16 16

(4 Hasa provision on for artificial l i ght ighting ing for each room; (5 Is structurally tructurally sound, in in good repair, ir , and adequately ly ma inta maintained; (6 Each building building used for dwel dwellingling purposes shall have have two safeafe unobstructed ed means of e gress leading eading toto s afe open space at at ground evel . Each dwe l level. l ing unit inn a dwelling mul t i -dwe l ing bui multi-dwelling lding must building must have access e ither directlyy or through through a common corridor to two means of egress to to to open space at ground l eve l . In buildings of three evel. three stories or more, the he common cor corridor on each story story must have at least two means of egress; and must (7 Has one hundred fifty fifty square feet of habitable floor habitable loor space for the the first occupant occupant in aa standard in standard li~1ll9 living iuMt~and unatWand at at least least one one hundred square feet of habitable habitable floor space for each additional occupant occupant.. The floor space is is too be subdivided into into s uffic ufficient rooms to to be adequate for the fami family. y . All rooms must adequately ventilated.. must be adequately Habitable floor space is defined as that Habitab space used for sleep sleeping, ing , living, iving, cooking,, or dining purposes, and excludes such enclosed dining places as closet closets,, pantries,, bath bath or toilet rooms, service rooms, connect connecting ing corridors, aundries,, and unfinished l aundr shed attics, i c s , foye foyers,, sto storagerage spaces,, cel cellars,, utility lity rooms, and simi similar lar spaces. ( b Sleeping rooms shall:: ( 1 Include the minimum imum requ irements rement contained ined inn subsect ion ( a ) ( 1l ) , ( a ) ( 4 ) , ( a }) ({5 )} and ct ion a}) ( 6 {6);; 2) (2} Have at least one hundred square feet of habitable floor space for the f irst habitable rst occupant occupant and fiftyfifty square feet of habitable habitable floor space for each additional ona occupant occupant; and (3 lavatory and toilet faci Have lavatory lities that facilities privacy including provide privacy including a door that can be locked if such faci l facilities i e s are separate from from the room room.

2 0 17-18 18 2. 6 10 1

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(c The execu t ve director in executive in the case of non- fede rally assisted non-federally s t ed proj ct , and an appropr projects, iate appropriate federal o f fi fficial,, in in the case of f edera ederallyy a s s isted sted proj projects, ma may approve exceptions to to the the standards but reque sts should be limited requests ed too it ems and circumstances items that are beyond the reasonable cont control of the relo catee to ocatee to adhere too the standards.. Approved except ons shall not exceptions not a ffect thehe comput a t on of the computation repl a cemen t housing replacement housing payment payment. [Eff NOV 15 [Eff ] 5 2004 1J (Auth {Auth:: 9) HRS §111-9) (Imp: HRS §111-4) HRS -4 )

$17-2 §17-2017-17 1 7 Right Right too appea l . (a An applicant appeal. payment under these rul for a payment es s hall rules a l be not i fied notified promptly in writing ing conce rning the ~conce~ning the applican t applicant's e l igibi igibility y for the payment amount, iff payment claimed, the amount any, the app l cant iss ent applicant itled too receive,, and the entitled time ime and man n e inn which the manner he paymen paymentt will be made made. (1 Any person person aggrieved aggrieved by a determination rmination as too eligibility payment authorized igibility for payment zed by these rules,, or or the amount amount of the he payment payment,, writing that the appl i may request in writing cation application be reviewed by the the executive di director.. The request shall be filedfiled with the d isplacing splacing state agency and must state must contain all necessary necessary data and i nformat ion in nformation in support support of the the applicant's content applicant contention. (2 The director or of the displacing displacing state state agency shall f irstrst review request and then review such a request then forward it with a recommendation too the executive director for reviewreview and decision decision.. aggrieved appl (3 Any aggrieved cant who is applicant is not sat i s f ied satisfied the dec ision with the review, may appeal the sion on review the rector s det erminat executive director's execut erminationon too thehe court of the circuit court the c ircuit inn wh i which the aggrieved app l aggrieved cant resides.. applicant ( b Persons aggrieved by a determinat determination on that they are respon s responsible for a code v iolationion may request in writing in writing that the he determi nat on be reviewed by the determination the executive director.. execut Such a request mus mustt be f iled l ed with displacing state the displacing tate agency within within s i x y days a fter xty e writ ten demand iss made by the state written state agency and must must

2 0 17-19 19 �� � � �

§17-20 1 18 §17-2017-18

co ntain tthe contain h e grounds grounds for for tthe h e appea appeal, l ttheh e spe c i c specific is sues involved issues involved, t h the content contentions o of tthe h e aggrieved aggrieved, and and description oof the aa description the evidence evidence that that the the agg r eved aggrieved int ends ttoo int intends roduce to introduce to support support the the person person's contentions.. contentions 1 The The director director of of the the d i splacing state displacing state agency agency shall f i shall s review first review ssuch aa request request and tthen and hen forward iit with forward recommendation to with aa recommendation to the the .i. ~e&ecu .,i.ve ~'.i",; executive ddirector for for review review andand deci ion . decision. ( ) (2) A A pe person responsible responsible for for a a code code viola violationi on who iiss not who not sat i s satisfiedfied with with the the dec i decisionion onon review review may may appea appeal the executive d irector the executive director'ss det e rmination to determination to the the circuit circuit courtcourt of of tthe he ci circuit in in which which N y ?5SY6f ~ne.vaig~ieved app l applicant reside resides.. [[ Ef Ef ff t,u ] l ZUU 4 jJ (Aut v LU\J4 (Auth:: HR HRS §1 11 § - 9 ) Imp: HRS 111-9) HRS §§ 1 1 1 111-12)1 )

§ 1 7 -2 0 §17-2017-18 1 8 Documentat Documentation.ion a The The s ta state agency shall agency shall ma intain relocat maintain relocationion records records showing showing:: State and 1 State and federal federal proj projectect and and parcel parcel identifica identification; i on ; 2 Names Names and and addre addresses of of di spl ace d persons displaced persons and and t he theiri complete complete original original and and new new a ddres addresses aand telephone telephone numbersnumbers ( i (if ava i able a f available after e reasonabl reasonable e effort ttoo dete rmine where determine where relocatee moved relocatee moved without without a s s i stance ; assistance); 3 Pers contacts made ona contacts Personal made withwith each each d i splaced displaced person; inc person luding for including, for each each displaced displaced per s on : person: (A) Dat (A) Date o of not i notification ion ofof avai labi l y oof availability r e l ocat relocation i on payment payments and and s e services;; Name oof the B Name the o f f i offering oor official offering prov providing ding relocat relocationi on ass i s t ance ; assistance; (C Whethe (C Whether the the offer offer of of a s s is t ance wa assistance was dec l declinedi ned oor accepted accepted and and the the name name of of ndividua accepti the iindividual the accepting ng oor dec l n ing declining the offe the offer;; D ) Date D) Dates and and substance substance of of ssubsequent ubsequent fol low-up contact follow-up contacts;

2. 6. tO ·2•6. 0 t1 • 201 2017-20

§17-2 01° 1S §17-20:--:.f

({E Dat displaced person Date on which the displaced son was required red too move from from the propertyy acqu i acquired; F) Date on which actual r elocat (F) elocationion occurred and whether relocation ion was a ccomp li ccomplished wi the assistance of the ith the he state tate agency, referralss to to other agen c i , or without agencies, without a s s i s tance . If stance. the latter,, an the an approximate date date for actual rel o cat ion is ocation is acceptable;; and (G Type of tenure before and after relocati relocation;on ; (4 For For splacements from displacements from dwellings:: (A) Number in (A) in family; family; (B} B ) Type of property (single fami familyy detached, multi-family, et c etc.); ); Value, or monthly rent;; and ({C}) Val D ) Number (D) Number of rooms occupied; and (5 For d isplaced splaced bus i ne businesses:: (A) Type of business; (A) (8) Whether continued or terminated; B ) Whether terminated; and (C If relocated, relocated, distance ance moved (estimate acceptable). ). ({b The s t atee agency shall maintain maintain records containing ining the followinglowing information nformation regarding regarding movimoving expense payment payments:: (1 The date the removal of personal proper he removal propertyy was accomp li accomplished; (2 The location from which and to location from to which the the personal property was moved; p~rsonal (3 If the personal property property was s toredored t emporari emporarily, y the location ocation where the property property was stored, the duration ion of such storage, ustification for the and justification he storage and the the storage charges;; ( 4 Itemizedzed statement statement of the he cost incurred costs incurred receipted bills supported by receipted bills or other evidence of expense; (5 Amount Amount of reimbursement reimbursement claimed, aimed amount amount all owed, and an explanat allowed, explanationon of any di f ference ; fference;

2 0 17-21 -2 1 2. 6 0 1

§17-2017-18 18

(6 Data support supportinging any de t e rmina t ion that ermination ha a bus cannot be relocated business cannot ocated wi t hout a without substantial loss of itss exi s substanti i ng pa tronage existing rona ge and that it is is not part of a commerci commercial al enterpr enterprise se havingng atat l ea east one other establ i shment not being establishment being acquired; payment to ({7 When the payment to a bu siness or farm farm operation on iss based on its its average annual annual net e a rnings ng or $ 5 ,000,00 whichever is whichever is less,, data data showing how how the the payment payment was comput computed; and fixed moving expense payment (8 When fixed payments are made, the data ca lled e d for in in paragraphs (3 and (4 need notnot be maintained.. Instead, records showing the basis on whi payment which payment was made sha l be maintained.. shall state agency shall maintain (c The state maintain records ining the fol l containing owing i nformat lowing nformationion regarding rding repl acement housing replacement ng payments payments: ( 1}) The date of the state state agency ' receipt of agency's application for such each application uch payments; yment (2 The dat date on which each payment payment wa was made or the app l i t_he tion rejected; application ected; ({3 Support Supporting data explaining in ing how how the he amount amount of the h e supplemental payment to which the emental payment applicant iss ent it entitled led was calculated. lculated . Thi This support should a lso support s o clearly clearly establish stablish that hat as of the date of payment payment, replacement acement housing meetmeeting the c r i teria ablished inn e a established section 1 7 -2 017-16 section 1 6 was a ava i available;; 4 A signed and dated s tatement atement s e tting h: t ing forth: (A) The determina (A) determinationt on of the amount amount of the the upplement al payment; supplemental payment and (B) That no official of the s tate B ) That a te agency has a direct or or i ndi rect present ndir~ct present or contempla contemplated t personal interest personal nterest inn t h hiss t ransact ion , or will derive any benefit ransaction, from the s upplementa from upplementall payment payment, provided that where an i ndivi dual employed by a ndividual s t atee agency iss displace displaced d by a p rojroject, the execut executive director ma may authorizer ze payments under these rules;; and

2 0 17-22

§17- 2 01 7-20 §'l7-20l'7-2G 5 A stat A eme nt by statement by tthe h e st that iinn iits ate aagency that state ts opi the di spla ion the opinion ced pe displaced has been person has been rel ocated in relocated decen , safe, in decent, ,?5 O[ ~RQ} sanitary Sanitary housing.. hous [[ Ef Eff 2 NOV ]155 2UU4 20)4 1] ( Auth (Auth:: HRS HRS §1 1 §111-9)9 ) Imp:: HRS §§111-3, 1 1 1 HRS §S 1 1 -4 ) 111-4)

$ 1 7 -2 0 §17-2017-19 1 9 As surance of Assurance of a va i l abi l ty oof availability hous housing.. Any Any state state agency agency whichwhich mi splaces any misplaces any person person s ha l , at shall, at least least oneone hundred hundred twenty twenty days days pri o ttoo any prior any di spla cement provide displacement, provide thethe fol lowing to following to the the corpora corporation: io n : ( ) A (1) A feasible feasible method method for for the the reloca relocation i on oof f ami l e s and families and individuals individuals displaced displaced ffrom rom the the prope property acquired;; and r y acqui and ( ) Ass u (2) Assurance that that there there areare oror are are being being provided in provided in aareas not not gene ra l y l e generally s less des i rable iinn regard desirable regard to to public public uti l ities and utilities and public and public and comme rcial facilities commercial facilities and and at at rentss or ren or pri ces wi prices thin the within the financial financial meansmeans of the of the fami l es and families and individua individuals l displ aced, displaced, decent,, s a decent safe, and sanitary dwe l and sani l dwellings equal equal in number in number ttoo the the number number oof di spl displacedaced fami l e s and families and i nd i v duals and individuals and ava i able ttoo available such d i s pl such aced fami displaced l e s and families and i ndividua individuals and and reasonably acce s reasonably s accessible . o .t hei r tQoVth~~~aces ,paces of of empl oyment employment. { Ef {Eff NOV 1 5 2U)4 ;J Auth:: la.tUU4 HRS § 1 1 HRS - 9 ) Imp:: HRS §111-9) HRS § 1 1 1- 6 ) §111-6)

§ 1 7 -2 §17-2017-20 -2 0 Re locat ion a s s i s Relocation programs.. t ance programs assistance a Pl ann Planning ng for for re l ocation p rog relocation rams s h programs a l be shall be accomp l i hed accomplished in s ta in ges : stages: 1 Unt i such Until such ttime ime aass tthe h e final final l ocat i on iiss location aapproved, pproved, the the tenant tenant iiss nnot ot to to be be dis tu rbed disturbed in any in any wa Prior ttoo the way. Prior the complet completion ofof this this stag the state stage, the state agency agency s hashalll make make preliminary investigation which preliminary investigation which will wi l l furnish furnish the following the following information information for for each each ofof tthe he va alternative l ocat various alternative i on given locations final given final consider tion : consideration:

201 23 2017-23 ��� � �

§17- 2 20 §17-2017-20

({A) Ident Identify fy the approximate number of individuals and families too i n c lude the include the number of adults and children ldren as we l well 'ae 11 • aJ rel ocat i ~e:loc;a't!ion hous housing requirements rements inn terms of number number of bedrooms needed ttoo accommodate the d isplacees; splacees (B I dent dentifyy the number and type of he number bus businesses, farms, and non-profit organizations as we organi ll as the ttype well ype and and quant quantity ity of space or area needed too meet the meet h e requirements displaced rements for the displaced businesses, f a rms and non-pro arms fi non-profit organizations; (C The probable availab i l y of comparable availability comparable replacement hous replacement commercial or housing, commercial i ndu s tr ndustrial space and farm farm areas inn the areas of preference and within within the f inancial ial means of those those being displaced displaced; and D) Out (D} l Outline the bas basis upon whi which the preliminary iminary findings of the state state agency are made and include same ame inin the required ocation plan. red relocation an. (2 state agency, prior to The state to proceeding withwith acquisition negotiations or cons acquisition truction, construction, hall f ur ssha~l. ?i s tthe fµ~IJ;i.~"'h he following following informat information for on for the 'carpo'dli on ' s review the'ct,rpaf~t-ion 1 review and approval approval:: (A) The methods and procedures by which the (A) needs of needs of every individual to to be displaced will be evaluated and correlated ated with ava i l availablee decent decent, safe, e, and sanitary anitary housing housing at reasonable rents or prices ces and readi readilyly accessible to the individual to individual's place of employment employment; (B)} The methods and procedures by which the state agency will a ssure an inventory state currently available comparable of currently housing which is decen t s afe, decent, e , and sanitary, i nc l uding type of bui ncluding lding , building, statee of repa i , number repair, number of of rooms rooms, needs of the person or family amily being being

e, tO 11 2 66 10 2 017-24 -2 4

§17 - 2 17 2C §17-20:7-:C

di spl a ced , type splaced, ype of neighborhood,, proximity of pub proximity l public t ransportat ransportation ion and comme rcial s hopping commercial p ng areas,, and dist a nce distance to any pertinent to pertinent soc i social itutions , institutions, such as church and communit community fac il facilities;t ies ; and (C An anal analysiss rel a t ing too the ating the charact eri st characteristics of the i nvent r nventories so as to to develop a relocation i on p lan an which will:: wil (i Outline the various rel ocat ion ocation disclosed by the problems disclosed the above survey; (ii) ii ) Provide an ana l ys analysis of f ederal,, state,, and commun state i t programs community affecting ing the ava i labi l y of availability hous housing current currently y in in ope rat ion in operation in the proj the project area;; ( i ii ) Provide detailed ii)Provide detailed informa tion on information displacement and concurrent displacement concurrent relocation ion by other governmental governmental agencies or private concerns; v ) Provide an analysis of the ( iv) problems involved and the method of ope rat on to operation to resolve resolve and relocate the the relocatees;; (v}) Estima Estimate te the h e amount amount of leadlead time ime required quired and demonstrate its its adequacy to to carry out a timely, carry out imely, orde r y and humane relocati orderly, relocation on program; ( vi vi As sure no person Assure person l awful awfully y occupying real prope occupying propertyr ty sha shalll be requi requiredred toto move without ithout at least least ninety nety days written written not ce ; and notice; (vi i ) Furn s h the (vii)Furnish he names of the the agencies which w i whi l provide the ill the relocati relocation on a s s istance st anc e i nc luding an ana l ncluding lysiss of their present workload and abi l y too perform ability perform and the e s timated imated number number and job ob titles itles of

2 0 17-25 25 2-6 ·O 01

§ 1 7 -2017-20 -2 0

relocation i on personnel onnel servicing c i ng the project. proj ect . displacing s tate (b The displacing a e agency sh aall, l , in in developing ng relocation tion a s s i s tance programs, cons stance ul consult wiith the he persons to to be displaced displaced in order to to ensure that such programs are re a l i listic c and e f fective. ive . ({c Each relocation ion a s s istance stance program rogram sha shalll be submi tt submitted in writing in ing too the corporation corporation by the displacing state displacing state agency at at least one hundred twenty twenty days prior to displacement.. Such programs s ha to any displacement l hall be reviewed and approved by the he execut executive director. . {(d Where a state state agency elects lects to to have thethe relocation i on payment payments and services required red by these rules administered adminis t by another federal, ate , or local , state, agency, it s ha halll enter intointo a writte writtenn con t ract or contract agreement to agreement to thathat effect with the agency it select ct with selects.. Such contract contract or agreement agreement shall be subj ect o the subject to approval of the executive director and sha approval l obl i shall gate obligate the agency too perform the perform the services and ma make the payment payments in in accordance w iith t h these rules.. The cont contract shall a lso shall s o provide that the records required required by on 17-2 017-18 s e ction 18 wi l be retained ill retained by the agency admi n i s administering relocation program t ering the relocation program for a period of not l eess s s than three years a fter payment payment of thehe f i nal inal voucher with with respect espect to to the part i cu particular proj ect , or project, that these s records wi l be turned will turned over too the statestate agency.. In the event event these records are turned turned over to to the he state state agency, that agency will retain retain them hem for a li ke period. ike od . These records shall be made availablee for inspection ct i on by repres ent entatives of the corporat ion or of corporation the federal edera governmentgovernment at any reasonable hour hour.. ({e The organizat organizationion and procedures of any state state agency which administers a relocation i on program program s hall al provide as a minimum minimum that;hat : (1 Each proj project shashallll have a s signed igned to it one or more individuals whose primary respons ibility iss to responsibility relocation to provide relocation a s s istance; stanc e ({2 A local subsidiary office w i l be ill establi established shed whi which iss reasonably reasonably convenient convenient too pub l public t ransporta ransportation i on or within ithin wal walking distance of each each pr oject when the executive

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director, after con s u l t ion with consultation with the the s ta t ta~e agency, t h hat the he volume ume of work or the needs of the displaced splaced persons are such as to to j us t fy the estab l tify i s hment of such an o f f establishment ce . ffice. These offices shal shall be open duringduring hours convenient to convenient to the persons to to be displaced, displaced, uding at least one and preferablyy more including evenings per week if necessary; ( ) Regardless of whether a local o f fice {3) ice is is estab lished, personal i s hed , personal contact w i l l ill be made with each person too be displa ced too e xpl displaced xplainn the h e relocation ion payments and a s s istance stance which are ava i able and to available to a s sist ist in in completing any app l applicationsions required.red . If such contact cannot be made, the state cannot state agency sha shalll furnish documentation to furnish to show show that reasonable efforts have been made to to achieve contact; this contacti (4 Reloca t on officials Relocation officials shalshall ma intain personal maintain contact contact and exchange in format ion with information with other agencies rendering ring services useful too splace d persons.. Such agencies include displaced social welfare agenci agencies, urban renewal agencies,, redevelopment lopmen t authori t ie s , publ authorities, public housing authori t e s , the authorities, h e Fede ral Housing Federal Administration, Un ited States Department United Department of ..• veterans Veterans Af fairs and Sma Affairs, l l Bus Small iness Business Admin i s t ration . Persona Administration. Personall contact sha shalll a lso so be ma int maintained w i ithh local sources of info rma t on on private information rivate rep l acement lacement properties, including propert luding real estateestate br okers, real estatee boa rds · property boards,· property manager managers, apartment rtment owner owners and operators, and home bui building contractors.. Subscriptions may be ma intained for multiple maintained multiple l i sting services, isting ce apartment directory directory services, ces , and neighborhood and met ropol metropolitani tan newspape newspapers; r and ( ) The local (5) ocal rel ocat office s hall i on office ocation a l ma int maintainn and provide:: {A) Lists of replacement (A) acement dwe l l dwellings drawn from various sources, suitable from uitable in in

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z e , and condit price,, s ize, condition on for displaced splaced persons sons too the extent they they are ava i available; BB}) Current data for such cos Current costst as s ec urity r y depos depositsi for uti l ie s , damages, utilities, leases,, c losing ing cost costs,, typical downpa yments and interest rates downpayments, e and erms; te rms ({ C C Maps showing the l ocat ion of school ocation schools,, parks, playgrounds,, shopping,, and pub l public transportation routes inn the transportation h area; ({ D D) Schedules and cost costs of pub l public ransportation ; and transportation; F F Other recommended i nforma t on too be nformation provided by relocation i on offices including luding copies of a brochure explaining its explaining t s re location ion program, local ordinances perta local ining to pertaining to housing,·· building codes, and open hou s building housing; Federal Hous Federal ing Administration and Housing United States Department Department of Veterans Affairs bookle booklets t of in formation on information evaluating rep l inspecting and evaluating inspecting acement lacement hous consumer education housing; and consumer education terature l i te rat ure on hou s housing, shelter cos t costs and fami familyy budget budgeting. [ Eff f NOV 1} 5 2004 200)4 ] ( Au t : Auth: HRS § 1 11-6) 6) (Imp:: HRS § 111- 6 2 0 17-28 28 2,61 lO ·2t6J 0 1t

EXHIBIT EXHIBIT A 2004 , 2 0044 NOV i 5 2004

OPTIONAL FIXED FIXED PAYMENTS MOVING MOVING COST SCHEDULE APPLICABLE PLICABLE TO TO STATE FUNDED SPLACEMENTS FUNDED D I S PLACEMENTS

The fo llowing lowing optional fixed payments moving cost opt iona l fixed cos t schedule applies toto unfurnished unfurnished and furnished furnished dwel ling dwelling units as indicated: ndicated: A. Allowances for Moving Expenses for Unfurnished Al i Dwelling Unit Dwe l Units:: Occupant Occupant owns furnishings - also also app l applies too partly part ly furnished furnished units.. 1 11 2 3 44 5 6 6 7 8

. Rooms Rooms Rooms Rooms Rooms Rooms Rooms Rooms .,,.A *k 9 •� .,.� ;, 8 3• *� . $65 $ 100 $ 135 $ 1755 $ 2155 $ 255 $ 295 95 $ 300

2) Inn addition ion to to the allowances for the moving expenses shown inn A.. (l above, for unf urni s hed dwe l unfurnished ling uni dwelling units,s , a d islocation slocation all owance of $ 2000 is lowance so authorized is a lso zed for splaced . family displaced. each individual or family

3 The maximum maximum opt optional fixed ixed payments amount amount is $500 per individual or family is family displaced. splaced . Thi maximum of $ 3000 amount iss composed of a maximum This amount for moving expenses and $ 2000 0 for a dislocation ocat ion allowance. l owance B.. Al l owances for Moving Expenses for Furni Allowances shed furnished Dwe l Dwelling UnitUnits:: Occupant Occupant does not own furnishings.. The furn ishings shings are owned by the the landlord. ord .

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1 Each Addit Each Additional 1 Room* Room* Room* Room* $$50 $$25 Up to Up combined maximum to aa combined maximum oof $ 3 0 00 $300.00

22 IInn addi to tthe tion to addition he aallowances forfor the the moving moving expenses shown expenses above, aa disl shown iinn BB. 1 above ocat i on dislocation al lowance of allowance of $ 2 $200 is is also also authori zed for authorized for i ndivi dua l or each individual each or fami displaced.. ly displaced family

3 The ma x The imum optional maximum optional fixed fixed pa yment amount payments amount iiss $ 5 per iindividual $500 per ndividual or or family family di splaced . displaced. amount iiss c omp This amount This o sed o composed of aa max imum o maximum of $ 3 $300 ffor moving moving expenses expenses and and $ 2 $2000 for for aa disl ocat ion al dislocation lowance . allowance.

* El rooms do igible rooms *Eligible do not not include include bathrooms hallways and bathrooms, hallways and closets. oset .

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DEPARTMENT OF DEPARTMENT OF HUMAN HUMAN SERVICES SERVICES

The repeal The repeal of of chapte chapter 1 5 - 1 7 and 15-179 and the the adoption adoption of of chapter 1 7 -20 chapt 17-2017, Hawai Hawaiii Admin i strative Rul Administrative Rules, on on the the Summa Summaryry Page dated Octobe Page dated Octoberr 221, 2 0 20044 was was adopted adopted on on October 221, 2 0 October 20044 fol low ng publ following public hhearings held held on on Septemberr 114, 2 0 Septembe 0 4 aafter publ 2004 public notnotice wa given iinn was given tthe h e Honol Honolulu St Star-Bulletin, The The Garden Garden I s land, The Island, The News, We Mauii News Mau st Hawa West Hawaiiii Toda Today, aand thethe Hawa Hawaiii i TTribune- ribune­ Hera l n ew Herald spapers on newspapers on Augus Augustt 112, 2 0 2004..

The rrepeal The epeal and and adopt shall take on shall adoption take eeffect ten ten days a ft days after f i ling with filing the Office with the Office o the Lieutenant of the Lieutenant Governor . Governor.

CHARLES A CHARLES STED, Chai A. $TED, Chairperson Housing and Housing and Community Community D _ evel opment _P-~opment Corporation of Corporation of � Hawai �.,,,.,✓·- HawaJ.i

� 1 A. � 4

C-1.~ THEODORE EE. LIO THEODORE LIU Di rector of Director of Bus i nes Business, Economic Development Economic Development and and Tourism Tourism APPROVED AS APPROVED AS TO TO FORM FORM:

LINDA LINDA LINGLE Governor Governor State of State of Hawaii Hawaii Dat e Date: : _NOY NOY 3 -2% •s 6: Ol\1 6£: tP- AON \'O. Oli \1- 1PO. Fi Filed

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