Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 3 - RESIDENTIAL RELOCATION › Section 15-24-29 - Replacement housing payment

Current through June, 2024
(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.