Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 24 - RELOCATION ASSISTANCE TO DISPLACED PERSONS › Subchapter 1 - RELOCATION PROGRAM › Section 15-24-2 - Definitions

Current through June, 2024
As used in this chapter, the term:
"Authority" means the Hawaii community development
					 authority.
"Business" means any lawful activity conducted (1)
					 primarily for the purchase and resale, manufacture, processing or marketing of
					 products, commodities, or any other personal property; (2) primarily for the
					 sale of services to the public; or (3) by a nonprofit organization.
"Comparable dwelling" means one which when compared with
					 the dwelling being taken is:
(1) Decent, safe and sanitary;
(2) Functionally equivalent and substantially the same with
					 respect to number of rooms, area of living space, type of construction, age,
					 and state of repair;
(3) In areas not generally less desirable than the dwelling
					 to be acquired with regard to public utilities, and public and commercial
					 facilities;
(4) Reasonably accessible to the displaced person's place
					 of employment;
(5) Adequate to accommodate the relocatee;
(6) In an equal or better neighborhood;
(7) Available on the market; and
(8) Open to all persons regardless of race, color,
					 religion, sex or national origin.
"Displaced person" means any person who is lawfully
					 residing on or lawfully occupying real property and is required to move from
					 any real property as a result of the acquisition or imminence of acquisition of
					 the real property, in whole or in part, by the authority or other governmental
					 agency or who moves from the real property as a result of the acquisition or
					 imminence of acquisition by the authority or other governmental agency of other
					 real property on which the personal is lawfully conducting a business.
					 "Displaced person" also includes any person lawfully residing on or lawfully
					 occupying real property and is required to move as a result of a governmental
					 program of voluntary rehabilitation or building, zoning, and other similar code
					 enforcement activities. "Displaced person" as defined in this chapter shall not
					 include a tenant upon or occupier of State land under a revocable permit,
					 provided that those persons who are issued revocable permits on State land
					 which they had previously occupied as lawful tenants or lawful occupiers of
					 private virtue of which acquisition the revocable permits are issued
					 immediately upon acquisition, shall be entitled to assistance as displaced
					 persons upon displacement at the termination of the revocable permits.
					 "Displaced persons" as defined in this chapter shall not include a squatter or
					 trespasser upon State land or any person unlawfully residing on or unlawfully
					 occupying any real property.
"Eligible person" means any displaced person who is, or
					 becomes, lawfully entitled to any payment under this chapter.
"Executive director" means the executive director of the
					 authority.
"Family" means two or more individuals living together in
					 the same dwelling unit who are related to each other by blood, marriage,
					 adoption, or legal guardianship.
"Financial institution" includes, but is not limited to,
					 banks and other lending institutions whose regular course of business entails
					 the making of commercial and industrial loans.
"Governmental agency" includes the authority and any other
					 state or county agency.
"Individual" means a person who is not a member of a
					 family.
"Loan" means a direct loan made by the authority for the
					 purpose of this chapter, or a loan in which the State participates with
					 financial institutions, including the SBA.
"Moves in reasonable expectation". A person who moves from
					 real property subsequently acquired for public purposes as a result of the
					 "reasonable expectation of acquisition of the real property" is one who is in
					 occupancy on the date of the first written offer to purchase the property and
					 meets the occupancy requirements. The occupancy requirements shall be computed
					 from the date of his move.
"Moving expenses" include the cost of dismantling,
					 disconnecting, crating, loading, insuring, temporary storage, transporting,
					 unloading, reinstalling of personal property, including service charge in
					 connection with effecting the reinstallations, excluding the cost of any
					 additions, improvements, alterations, or other physical changes in or to any
					 structure in connection therewith. Reinstallation and reconnection costs
					 required for the relocation of trade fixtures shall qualify as moving
					 expenses.
"Owner" means a person:
(1) Owning, legally or equitably, the fee simple estate, a
					 life estate, a ninety-nine year lease, or other proprietary interest in the
					 property;
(2) The contract purchaser of any of the foregoing estates
					 or interest; or
(3) Who has succeeded to any of the foregoing interests by
					 devise, bequest, inheritance or operation of law. If acquisition of ownership
					 is by such methods, the tenure of the succeeding owner shall include the tenure
					 of the preceding owner.
"Person" means
(1) any individual, partnership, or corporation or
					 association which is the owner of a business;
(2) the head of a family;
(3) an individual not a member of a family;
(4) a nonprofit organization exempted from taxation under
					 section
					 235-9,
					 Hawaii Revised Statutes.
"Private action displaced business" means a small business
					 which is displaced from its location in the Kakaako community development
					 district due to private sector action and not due to action by any governmental
					 agency.
"SBA" means the Small Business Administration of the
					 United States Government.
"SBIA" means the Small Business Investment Act of 1958 (
					 P.L. 86-699 ), as amended.
"SBIC" means the Small Business Investment Company which
					 provides venture capital to meet the equity needs of small business
					 concerns.
"Small business" means any business entity, including its
					 affilitates or subsidiaries, which (1) is nondominant in its field and
					 organized for profit, (2) generally conforms with the SBA definition of a small
					 business as defined by title 13, section 121.3-10 of the Code of Federal
					 Regulations, and (3) has conducted ongoing business from a property situated
					 within the Kakaako community development district as set forth in §
										15-24-44(7).
"State" means the State of Hawaii.
"Trade fixtures" are machinery, equipment and other
					 property attached to the business structure and utilized for the trade or
					 business. Office equipment, furniture, air conditioners, and other general
					 property are not considered trade fixtures. However, air conditioners that are
					 utilized in conjunction with business machinery or equipment shall be
					 considered trade fixtures.