Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-3 - Relocation payments

Current through June, 2024
(a) Except as
				provided below, any individual, family, business, or farm operation displaced
				by a state agency is entitled to receive a payment for actual reasonable moving
				expenses supported by a receipted bill or other evidences of expenses incurred.
				The distance of the move shall not exceed fifty miles measured in a straight
				line. There is no occupancy time limit for eligibility for moving expense
				payments. Where it is shown to be in the public interest, the executive
				director may give prior approval to more than one move of a displaced person.
				In order to obtain a moving expense payment, a displaced person must file
				written claim with the displacing state agency on a form approved by the
				corporation. Except for hardship cases, the moving expense payment shall be
				made only after the move is accomplished. By written prearrangement among the
				displacing state agency, the displaced person, and the mover, a displaced
				person may present an unpaid moving bill to the displacing state agency and the
				agency may pay the mover directly. A state agency may enter into a contract
				with independent movers on a schedule basis and furnish a displaced person with
				a list of movers to choose from to move the person's property. In such
				instances, the state agency shall pay the mover.
(b) Optional payments:
(1) In the case of a self-move, the business
				or farm operation may be paid an amount to be negotiated between the displacing
				state agency and the displaced business or farm operation not to exceed the
				lower of two firm bids or estimates obtained by the state agency or prepared by
				qualified state estimators other than the employee handling the claim. The cost
				of obtaining firm bids or estimates is considered eligible for
				reimbursement.
(2) A displaced
				business or farm operation may elect to accept the optional payments authorized
				in section
				111-3, HRS.
(A) The term "average annual net earnings"
				means one-half of any net earnings of the business before federal, state, and
				local income taxes, during the two taxable years immediately preceding the
				taxable year in which the business is displaced. "Average annual net earnings"
				includes any compensation paid by the business to the owner, the owner's
				spouse, or the owner's dependents during the two-year period. Such earnings and
				compensation may be established by federal or state income tax returns filed by
				the business and its owner and the owner's spouse and dependents during the
				two-year period. In the case of a corporate owner of a business, earnings shall
				include any compensation paid to the spouse or dependents of the owner of a
				majority interest in the corporation. For the purpose of determining majority
				ownership, stock held by a husband, spouse wife and their dependent children
				shall be treated as one unit.
(B)
				For the owner of a displaced farm operation, the displacing state agency must
				determine that:
(i) The farm operator has
				discontinued farm operations at the present location; or
(ii) The entire farm operation has been
				relocated to a new location as a result of the acquisition of real
				property.
(C) If the
				displaced business or farm operation affected can show that it was in business
				for twelve consecutive months during the two taxable years prior to the taxable
				year in which it was displaced, had income during such period and is otherwise
				eligible, such displaced business or farm operation is eligible to receive the
				payment in accordance with subparagraph (A) and section
				111-3, HRS,
				and paragraph 2 (A) of this section. Where the business or farm operation was
				in operation for twelve consecutive months or more but was not in operation
				during the entire two preceding years, the payment shall be computed by
				dividing the net earnings by the number of months the business or farm
				operation was operated and multiplying by twelve.