reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-48 - Burden of proof; evidence

Current through June, 2024
Except as otherwise provided by law, the party initiating
					 the proceeding shall have the burden of proof, including the burden of
					 producing evidence as well as the burden of persuasion. The degree or quantum
					 of proof shall be a preponderance of the evidence.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-49 - Procedure at hearing

Current through June, 2024
Unless otherwise stipulated by the parties, which
					 stipulation is approved by the board or the hearings officer, all hearings
					 shall proceed as follows:
(1) The
				  parties shall have the opportunity to make opening statements before any
				  evidence is presented, unless they waive the opportunity. The opening statement
				  shall be heard in the following order:
(A)
				  Petitioner's opening statement; and
(B) Respondent's opening statement, unless
				  respondent chooses to reserve the opening statement until after presentation of
				  petitioner's evidence;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-50 - Proposed findings of fact and conclusions of law

Current through June, 2024
Proposed findings of fact, conclusions of law, decisions,
					 and orders shall be prepared by the prevailing party, filed with the board no
					 later than seven business days after the day the proceedings were concluded, or
					 such other time as may be established by the board or hearings officer, and
					 delivered or mailed within a reasonable time to each party or to the party's
					 authorized representative.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-51 - Board's final decisions, orders, findings of fact, and conclusions of law

Current through June, 2024
(a) The board shall issue its final decision
				  and order together with findings of fact and conclusions of law. The findings
				  of fact, conclusions of law, and final decisions and orders shall be based upon
				  the whole record and shall be supported by reliable, probative and substantial
				  evidence, including facts of which the board properly took judicial
				  notice.
(b) If the proceedings were
				  held before a hearings officer and exceptions were filed to the recommended
				  decision, the board shall afford the parties an opportunity for oral argument
				  before the board as to the exceptions, prior to the board's adoption of a
				  decision and order and findings of fact and conclusions of law.
(c) If any party has timely filed proposed
				  findings of fact, the board shall incorporate in its decision a ruling upon
				  each proposed finding so presented, provided that a separate ruling on each
				  proposed finding shall not be required.
(d) The board shall cause to have a certified
				  copy of the decision and order and accompanying findings and conclusions,
				  delivered or mailed within a reasonable time after their adoption by the board,
				  to each party or the party's authorized representative.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 3 - CONTESTED CASES › Section 17-2000-52 - Procedure before a hearings officer; transmittal to board

Current through June, 2024
(a) Upon conclusion of the proceedings before
				  the hearings officer and following the timely submittal of proposed findings of
				  fact, conclusions of law, and decision and order, the hearings officer shall
				  prepare a recommended decision in the matter for the board.
(b) If the recommended decision is adverse to
				  any party to the proceeding other than the authority, the recommended decision
				  shall contain a statement of the reasons therefor and shall include a
				  determination of each issue of fact or law necessary to the recommended
				  decision and it shall be served upon all parties. Any party adversely affected
				  by the recommended decision may file exceptions thereto and may submit written
				  argument in support of the exceptions to the board, provided that the
				  exceptions and argument shall be filed within ten days of the service of the
				  recommended decision, or within such other time as may be designated by the
				  hearings officer.
(c) Following the
				  expiration of the time specified in subsection (b), or if not applicable,
				  following preparation of the recommended decision, the hearings officer shall
				  transmit the entire record to the board for action together with the
				  recommended decision, any timely filed exceptions thereto, and any timely
				  submitted written arguments in support of the exceptions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-71 - General provisions; contents of petition for declaratory relief

Current through June, 2024
Any interested person may petition the board for a
					 declaratory ruling as to the applicability of any statutory provision or of any
					 rule or order. Each petition shall state concisely and with particularity the
					 facts giving rise to the petition, including the petitioner's interest, reasons
					 for filing the petition, and the names of any potential respondents, the
					 provision or rule in question, the issues raised, and petitioner's position or
					 contentions with respect thereto.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-72 - Memorandum of authorities in support of petition

Current through June, 2024
Petitioner shall also file a memorandum of authorities
					 together with any petition for declaratory relief at the time the petition is
					 filed. The memorandum of authorities in support of the petition shall contain a
					 full discussion of the reasons, including legal authorities, supportive of the
					 petitioner's position.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-73 - Notice of argument

Current through June, 2024
All parties shall be given written notice of the hearing of
					 argument at least fifteen days before the time of the argument. The notice
					 shall include:
(1) The date, time,
				  place, and nature of the argument;
(2) The legal authority under which the
				  argument is to be heard;
(3)
				  Particular sections of the statutes and rules involved; and
(4) A short and concise statement of issues
				  involved, the basic facts giving rise to the petition.
The notice shall further apprise each party of their right
					 to retain legal counsel if so desired.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-74 - Argument

Current through June, 2024
Upon the filing of the petition, the chairperson shall
					 assign the petition for argument and further proceedings to either the board or
					 a hearings officer. All parties shall be afforded full opportunity to present
					 argument on all issues involved. The argument shall be at the time and place
					 set forth in the notice of argument but at that time and place may be continued
					 from day to day and adjourned to a later day or to a different place without
					 notice other than the announcement thereof at the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-76 - Proposed findings of fact and conclusions of law

Current through June, 2024
The prevailing party shall file proposed findings of fact,
					 conclusions of law, decisions, and orders with the board no later than seven
					 business days after the day the proceedings were concluded, or such other time
					 as may be established by the board or hearings officer.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-77 - Board's final decisions, orders, findings of fact, and conclusions of law

Current through June, 2024
(a) The board shall issue its final decision
				  and order together with findings of fact and conclusions of law. The findings
				  of fact, conclusions of law, final decisions, and orders shall be based upon
				  the whole record or such portions thereof as may be cited by the parties, and
				  shall be supported by reliable, probative and substantial evidence, including
				  facts on which the board properly took judicial notice.
(b) If the proceedings were held before a
				  hearings officer and exceptions were filed to the recommended decision, the
				  board shall afford the parties oral argument as to the exceptions, prior to the
				  board's adoption of a decision and order and findings of fact and conclusions
				  of law.
(c) If any party has timely
				  filed proposed findings of fact, the board shall incorporate in its decision a
				  ruling upon each proposed finding so presented, provided that a separate ruling
				  on each proposed finding shall not be required.
(d) The board shall cause to have a certified
				  copy of the decision and order and accompanying findings and conclusions,
				  delivered or mailed within a reasonable time after their adoption by the board,
				  to each party or to the party's authorized representative.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-78 - Procedure before a hearings officer; transmittal to board

Current through June, 2024
(a) Upon conclusion of the proceedings before
				  the hearings officer and following the timely submittal of proposed findings of
				  fact, conclusions of law, and decision and order, the hearings officer shall
				  prepare a recommended decision in the matter for the board.
(b) If the recommended decision is adverse to
				  any party to the proceeding other than the authority, the recommended decision
				  shall contain a statement of the reasons therefor and shall include a
				  determination of each issue of fact or law necessary to the recommended
				  decision and it shall be served upon all parties. Any party adversely affected
				  by the recommended decision may file exceptions thereto and may submit written
				  argument in support of the exceptions to the board, provided that the
				  exceptions and argument shall be filed within ten days of the service of the
				  recommended decision, or within such other time as may be designated by the
				  hearings officer.
(c) Following the
				  expiration of the time specified in subsection (b), or if not applicable,
				  following preparation of the recommended decision, the hearings officer shall
				  transmit the entire record to the board for action together with the
				  recommended decision, any timely filed exceptions thereto, and any timely
				  submitted written arguments in support of the exceptions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 17-2000-79 - Order, effect

Current through June, 2024
Any decision and order of declaratory relieve, whether
					 granting or denying the petition, shall have the same force and effect as other
					 decisions and order issued by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 17-2000-91 - General provisions; contents of petition for rule relief

Current through June, 2024
Any interested person may petition the authority for the
					 amendment, adoption, or repeal of a rule. The petition for rule relief shall
					 set forth the text of the rule to be repealed, or the text of any proposed
					 rule, the adoption of which is being sought, or the text of any existing rule,
					 the amendment of which is being sought, together with the proposed amendment.
					 The petition shall further state concisely and with particularity the facts and
					 circumstances giving rise to the petition, including the petitioner's interest
					 and reasons for filing the petition, the necessity for the relief and
					 anticipated effect or impact of the relief, the questions or issues raised and
					 petitioner' s position or contentions with respect thereto.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 17-2000-92 - Disposition

Current through June, 2024
(a) Within thirty days of the filing of a
				  petition, the authority, with the approval of the chairperson, shall either
				  deny the petition in writing stating its reasons therefor, or initiate public
				  rulemaking procedures in accordance with chapter
				  91, HRS.
(b) Without limiting the generality of the
				  foregoing, the authority may deny any petition which:
(1) fails to substantially conform with the
				  requirements of section 17-2000-91;
(2) Discloses insufficient reasons which
				  would justify the institution of public rulemaking procedures; or
(3) Is frivolous.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 17-2000-93 - Additional facts or supplemental memorandum

Current through June, 2024
The authority may require the petitioner or any person to
					 submit a statement of additional facts or a memorandum, the purpose of which is
					 to clarify a specific factual issue, position, or contention.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 17-2000-94 - Notice of determination

Current through June, 2024
The authority shall promptly notify the petitioner in
					 writing of its decision not to consider the petition, in the time prescribed by
					 law, and the reasons for its denial.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 17-2000-95 - Determination final

Current through June, 2024
Unless otherwise provided by law, the petitioner shall have
					 no right to request the board to reconsider the action nor to seek judicial
					 review of the action.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - OTHER PROVISIONS › Section 17-2000-121 - Forms

Current through June, 2024
The authority may prescribe and use such forms as it may
					 reasonably require to carry out its functions. The authority may at any time
					 create, modify, amend, or delete any forms in order to effectuate the purposes
					 herein.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - OTHER PROVISIONS › Section 17-2000-122 - Gender and number

Current through June, 2024
In any rule of the authority, all words used in the
					 masculine or singular shall extend to and include the feminine or
					 plural.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2000 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - OTHER PROVISIONS › Section 17-2000-123 - Severability

Current through June, 2024
If any rule of the authority is found in whole or in part
					 by a court of competent jurisdiction to be invalid under law, such finding
					 shall not affect the remaining rules or any part therein.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2015 - REAL PROPERTY LEASE RENT RENEGOTIATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2015-1 - Purpose and applicability

Current through June, 2024
This chapter implements chapter
					 519, HRS, and applies to all
					 residential leasehold lots and leases of real property by cooperative housing
					 corporations as defined in chapter
					 519, HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2015 - REAL PROPERTY LEASE RENT RENEGOTIATIONS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2015-2 - Definitions

Current through June, 2024
Unless otherwise clear from the context or unless further
					 defined in this chapter, the definition of "Lease," and "Lot," in section
					 516-1, and
					 definitions in chapter
					 519, HRS, shall apply to this
					 chapter. In addition, as used in this chapter:
"Advance deposit" means an amount determined by the
					 corporation, which shall be paid in advance and is to be applied to expenses
					 and fees of the corporation or its designee for arbitration proceedings.
"AAA" means the American Arbitration Association, a
					 private, public service, not-for profit organization offering dispute
					 settlement services in a variety of industries and businesses.
"Corporation" means the housing and community development
					 corporation of Hawaii created under chapter
					 201G, Hawaii Revised
					 Statutes.
"Executive Director" means the executive director of the
					 corporation or the executive director's designated representative.
"Group of lessees" means more than one lessee having
					 leasehold interests in separate residential lots within the same development
					 tract or cooperative housing corporation.
"Group of lessors" means more than one lessor having fee
					 ownership interest of residential lots in the same development tract or fee
					 ownership interest in the land leased to a cooperative housing
					 corporation.
"Party" means a lessee or group of lessees or a lessor or a
					 group of lessors.
"Per diem rate" means the dairy rate which may be paid to
					 an arbitrator for professional services in conducting arbitration proceedings
					 for renegotiation of lease rent cases. The arbitration proceedings include
					 services such as, but are not limited to, prehearing conferences, hearings,
					 study of the positions and presentations of the parties, providing meeting
					 facilities, field inspections of real property site(s), typing, reproduction,
					 and preparation of award. Not included as part of the per diem rate are costs
					 associated with neighbor island travel (air and ground transportation and
					 lodging where appropriate) plus costs of travel locally by automobile to points
					 in excess of thirty minutes from an arbitrator's office. Engagement in the
					 performance of any tasks of the arbitration proceedings process for a period of
					 more than six hours in a single day qualifies for the full per diem rate and
					 performance of those tasks in a single day totaling less than two hours
					 qualifies for one-fourth of the per diem rate, two hours of more but less than
					 four hours qualifies for one-half of the per diem rate, and four hours or more
					 qualifies for three-fourths of the per diem rate.
"Renegotiations" means deliberations between a lessee and
					 lessor for determining a new lease rent at the time the lease is reopened as
					 provided in chapter
					 519.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2015 - REAL PROPERTY LEASE RENT RENEGOTIATIONS › Subchapter 2 - LEASE RENT RENEGOTIATIONS › Section 17-2015-11 - Qualifying requirements for arbitration of renegotiation of lease rent

Current through June, 2024
All leases for residential leasehold lots and all leases,
					 including subleases executed or acquired by assignment by cooperative housing
					 corporations shall be eligible and considered qualified for arbitration if the
					 criteria outlined in sections
					 519-2
					 or
					 519-3,
					 HRS, are met.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2015 - REAL PROPERTY LEASE RENT RENEGOTIATIONS › Subchapter 2 - LEASE RENT RENEGOTIATIONS › Section 17-2015-12 - Request for arbitration

Current through June, 2024
(a) When a lessee
				  or group of lessees and a lessor or group of lessors cannot agree on a
				  renegotiated lease rent and the lease meets the requirements for arbitration
				  under chapter
				  519, HRS, either party may request
				  the corporation to arbitrate the renegotiations of lease rent. The request for
				  arbitration shall include the following:
(1)
				  Description of the property including its location and tax map key
				  number;
(2) Name, address, and
				  business and home telephone numbers, as appropriate, of each party;
(3) Name, address, and business and home
				  telephone numbers, as appropriate, of the representative (if any) for each
				  party;
(4) Signature sheet with the
				  signatures of the party initiating the request;
(5) Copies of all current lease documents
				  applicable to the requested action, and if applicable, copies of any assignment
				  of lease; and
(6) Negotiation
				  documents and a narrative statement on the current status of renegotiations
				  including the last offers of the parties, if available.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2015 - REAL PROPERTY LEASE RENT RENEGOTIATIONS › Subchapter 2 - LEASE RENT RENEGOTIATIONS › Section 17-2015-13 - Review of application and determination of eligibility

Current through June, 2024
(a)
				  Not later than fifteen working days after receiving a request for arbitration,
				  the administrator shall review the case to determine whether the lease for
				  residential or cooperative housing corporation property satisfies the criteria
				  outlined in sections
				  519-2
				  or
				  519-3,
				  HRS, and this chapter, and the corporation shall notify each party of the
				  corporation's determination.
(b) If
				  the corporation finds that the lease does not meet the criteria for
				  arbitration, the corporation shall take no further action.
(c) If the corporation determines that the
				  lease does meet the criteria for arbitration, the corporation shall proceed to
				  designate an arbitrator.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2015 - REAL PROPERTY LEASE RENT RENEGOTIATIONS › Subchapter 2 - LEASE RENT RENEGOTIATIONS › Section 17-2015-14 - Selection and designation of an arbitrator and execution of contract

Current through June, 2024
(a) The corporation may appoint an arbitrator
				  from the corporation's staff or may appoint a designee from the private sector
				  to arbitrate the renegotiation of lease rent terms.
(b) The corporation shall establish a master
				  list of all persons responding to solicitations for qualification statements
				  who meet the requirements for an arbitrator, as set forth in subsection (c) to
				  arbitrate renegotiation of lease rent cases. Additionally, the corporation
				  shall update its master list of qualified arbitrators each year or at any other
				  time deemed necessary by the corporation.
(c) The requirements for a person to act as
				  an arbitrator to arbitrate renegotiation of lease rent cases shall be as
				  follows:
(1) A real estate appraiser who is
				  certified by the State of Hawaii, with a minimum of three years of experience;
				  and
(2) At least one of the
				  following:
(A) Successful completion of
				  training in arbitration rules and procedures (conducted or sanctioned by the
				  American Arbitration Association;
(B) Admission to the panel of the American
				  Arbitration Association; or
(C)
				  Performance as an arbitrator in rendering a decision in at least three real
				  property arbitration cases; or
(3) A person mutually selected by both
				  parties.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2015 - REAL PROPERTY LEASE RENT RENEGOTIATIONS › Subchapter 2 - LEASE RENT RENEGOTIATIONS › Section 17-2015-15 - Arbitration proceedings

Current through June, 2024
(a) The arbitrator
				  shall pursue the arbitration of the renegotiations in accordance with the
				  arbitration services contract and chapter
				  658A, HRS.
(b) The arbitrator shall render an award, a
				  copy of which the arbitrator shall send to each party and the corporation. The
				  award shall be completed not later than thirty days from the date of the last
				  hearing.
(c) The corporation shall
				  not participate in the arbitration proceedings where it has designated an
				  arbitrator from the private sector to arbitrate the case, provided the
				  corporation shall monitor the proceedings and may act as a resource in the
				  arbitration.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-1 - Purpose and applicability

Current through June, 2024
The purpose of this rule is to implement chapter
				  111, HRS. These rules are not
				  applicable in instances where state agencies use federal funds (total or
				  partial) to implement a project which causes displacement of individuals,
				  families, businesses, farms or non-profit organizations; applicable provisions
				  of the Uniform Relocation Assistance and Real Property Acquisition Policy Act
				  of 1970 (URA), as amended, shall apply to when federal funds are
				  involved.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-2 - Definitions

Current through June, 2024
The terms "business", "displaced person", "family", "farm
				  operation", "person" and 'state agency" shall be defined as set forth in
				  section
				  111-2, HRS. As used
				  in this chapter:
"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 in 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;
"Corporation" means the housing and community development
				  corporation of Hawaii created under chapter 201G, HRS.
"Eligible person" means any displaced person who is, or
				  becomes, lawfully entitled to any payment under these rules.
"Executive director" means the executive director employed by
				  the corporation or the executive director's designated representative.
"Individual" means a person who is not a member of a
				  family.
"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 such 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 must be computed
				  from the date the person moves.
"Moving expenses" includes the cost of dismantling,
				  disconnecting, crating, loading, insuring, temporary storage, transporting,
				  unloading, reinstalling of personal property, including service charge in
				  connection with effecting such reinstallations, exclusive of the cost of any
				  additions, improvements, alterations, or other physical changes in or to any
				  structure in connection therewith, and necessary temporary lodging and
				  transportation of eligible persons.
"Owner" means:
(1) Owning, legally or equitably, the fee sixple 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. In the event of acquisition
				  of ownership by such methods, the tenure of the succeeding owner shall include
				  the tenure of the preceding owner. "State" means the State of
				  Hawaii.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-4 - Application

Current through June, 2024
(a) No application for any relocation payment
				authorized by section
				17-2017-3
				shall be accepted more than eighteen months after the date of displacement, nor
				shall any such payment be made prior to the date of displacement except in
				cases of hardship.
(b) Applications
				for any relocation payments authorized by section
				17-2017-3
				shall be on forms provided by the state agency and approved by the corporation,
				shall be accompanied by such information and documents as may be required by
				the corporation and shall be made directly to the displacing state
				agency.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-5 - Prompt payments

Current through June, 2024
All relocation payments authorized by section
				  17-2017-3
				  shall be paid within thirty days after the date of displacement or within
				  thirty days after the date of application is made after the date of
				  displacement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-6 - Partial acquisition

Current through June, 2024
Where partial acquisition of real property occurs, the cost
				  of moving personal property from the area acquired to a remainder area shall be
				  considered moving expenses eligible for compensation if removal of the property
				  is necessary and is not otherwise compensated.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-7 - Inspection of books

Current through June, 2024
All books and records kept by a business or farm operation
				  regarding actual moving expenses incurred shall be subject to review and audit
				  by a representative of the displacing state agency during reasonable business
				  hours.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-8 - Replacement housing payment

Current through June, 2024
(a) In addition to
				other payments authorized herein, displaced individuals and families are
				entitled to supplementary payments in accordance with this section.
(b) For the purpose of this section, the term
				"dwelling" includes a condominium or cooperative apartment.
(c) Applications for supplementary payments
				shall be on a form approved by the corporation and shall be filed with the
				state 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 the 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 state agency
				may make payments into escrow prior to the displaced person's moving.
(e) Prior to any payment, the state 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) An advance replacement
				housing payment can be computed and paid to a property owner if the
				determination of the state's acquisition price will be delayed pending the
				outcome of condemnation proceedings. A provisional replacement housing payment
				shall be calculated by deeming the State's maximum offer for the property as
				the acquisition price. Payment of such amount may be made upon the
				owner-occupant's agreement that:
(1) Upon
				final determination of the condemnation proceeding the replacement housing
				payment will 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 plus the amount of the provisional replacement housing
				payment exceeds the cost of an average comparable dwelling, the property owner
				will refund to the state 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 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.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-9 - Replacement housing payment to a one-year owner-occupant who purchases

Current through June, 2024
(a) A displaced owner-occupant of a one, two,
				or three family dwelling is eligible for a replacement housing payment in
				accordance with section
				111-4(a),
				HRS.
(b) The average price of a
				comparable dwelling shall be established by one of the following methods:
(1) The state agency may determine the
				average price of a comparable dwelling by using a qualified state agency
				employee who is familiar with real property values and real estate transactions
				to select at least three dwellings comparable in value to the replacement
				housing unit purchased; or
(2) The
				state agency or the corporation may make a locality-wide study which will
				develop the probable average selling price of various classes of dwelling units
				available on the market. In large urban areas, this survey may be confined to
				one area of the city or may cover several different areas if they are
				comparable and equally accessible to public services and places of employment.
				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.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-10 - Replacement housing payment to owner-occupants who rent

Current through June, 2024
(a)
				A displaced owner-occupant of a one, two, or three family dwelling, acquired by
				the State, who elects to rent is eligible for a replacement housing payment in
				accordance with section
				111-4(b),
				HRS; provided that the owner-occupant has rented a comparable dwelling not
				later than one year subsequent to the date on which the owner-occupant was
				required to move.
(b) The payment
				shall be the lesser of the following amounts but not to exceed $4,000:
(1) A sum equal to the difference, if any,
				between the cost of renting a comparable dwelling for the next two years and
				twelve percent of the acquisition price of the property taken; or
(2) The amount which the owner-occupant would
				have received had the owner-occupant elected to receive a replacement housing
				payment under section
				17-2017-9.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-11 - Replacement housing payment to owner-occupants for less than one year but not less than ninety days who purchase

Current through June, 2024
(a) A displaced
				owner-occupant of a one, two, or three family dwelling, acquired by the State,
				who does not qualify for a replacement housing payment under section
				17-2017-9
				is eligible for a replacement housing payment in accordance with section
				111-4(b),
				HRS; provided that the owner-occupant purchases a comparable dwelling not later
				than one year subsequent to the date on which the owner-occupant was required
				to move.
(b) The payment, not to
				exceed $4,000, is the amount, if any, which is necessary to make a downpayment
				on a replacement dwelling.
(1) The
				determination of the amount necessary for a downpayment shall be based on the
				amount a relocatee would have had to pay if the purchase of a comparable
				dwelling was financed with a conventional loan.
(2) This payment shall not exceed the amount
				which the owner-occupant would have received had the owner-occupant been
				eligible for a payment under section
				17-2017-9.
(3) If the owner-occupant is otherwise
				qualified for payment under this section but has previously received a payment
				under section
				17-2017-9,
				the amount of such payment previously received shall be deducted from the
				amount the owner-occupant is entitled to under this section. In no event shall
				the combined total payment exceed $4,000.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-12 - Replacement housing payment to owner-occupants for less than one year but not less than ninety days who rent

Current through June, 2024
(a) A displaced
				owner-occupant of a one, two, or three family dwelling, acquired by the State,
				who does not qualify for payment under section
				17-2017-9
				and who has elected to rent shall be eligible for a replacement housing payment
				in accordance with section
				111-4(b),
				HRS; provided that the owner-occupant has rented and occupied a decent, safe,
				and sanitary replacement dwelling not later than one year subsequent to the
				date on which the owner-occupant was required to move from the dwelling unit
				taken.
(b) The payment, not to
				exceed $4,000, shall be the lesser of:
(1) A
				sum equal to the difference, if any, between that cost of renting a comparable
				dwelling for the next two years and twelve per cent of the acquisition price of
				the property taken; and
(2) The
				amount which the owner-occupant would have received had the owner-occupant been
				eligible for a payment under section
				17-2017-9.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-13 - Replacement housing payment to tenant-occupants for not less than ninety days who rent

Current through June, 2024
(a) A displaced tenant of property acquired
				by the State who elects to rent, is eligible for a replacement housing payment
				in accordance with section
				111-4(b),
				HRS; provided that the tenant has rented and occupied a comparable dwelling not
				later than one year subsequent to the date on which he was required to
				move.
(b) The payment shall be
				determined by subtracting from the actual amount necessary to rent a comparable
				dwelling for the next two years the following amount:
(1) Twenty-four times the average monthly
				rental paid by the relocated individual or family during the last six months if
				such rental is reasonable, or the average rent, if reasonable, during the time
				of occupancy if such occupancy is less than six months, prior to being required
				to move; or
(2) If such rent is not
				reasonable, twenty-four times the economic rent established by the state agency
				for the dwelling unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-14 - Replacement housing payment to tenant-occupants for not less than ninety days who purchase

Current through June, 2024
(a) A displaced
				tenant of property required by the State is eligible for a replacement housing
				payment in accordance with section
				111-4(b),
				HRS; provided that tenant has purchased and occupied a comparable dwelling not
				later than one year subsequent to the date on which the tenant was required to
				move from the dwelling unit required.
(b) The payment shall be the amount necessary
				to make a downpayment on a, comparable dwelling. Determination of the amount
				necessary for such downpayment shall be based on the amount that the relocatee
				would have had to pay if the purchase of a comparable dwelling was financed by
				a conventional loan.
(c) The full
				amount of the replacement housing payment must be applied to the downpayment,
				including closing costs.
(d) If a
				tenant who otherwise qualifies for a payment under this section has previously
				received a payment under section
				17-2017-13,
				the amount of such prior payment shall be deducted from the amount the tenant
				is otherwise eligible for under this section.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-15 - Replacement housing payment to tenant of sleeping room who rents

Current through June, 2024
(a) A displaced tenant of a sleeping room,
				acquired by the State, who rents replacement housing is eligible for
				replacement housing payment with section
				111-4(b),
				HRS; provided that the tenant has rented and occupied a decent, safe and
				sanitary replacement dwelling not later than one year subsequent to the date on
				which the tenant was required to move from the dwelling unit taken.
(b) The payment shall be determined by
				subtracting from the amount necessary to rent a comparable room for the next
				two years the following
(1) Twenty-four times
				the average monthly rental paid by the relocated individual or family during
				the last six months if such rental is reasonable, or the average rent, if
				reasonable, during the time of occupancy if such occupancy is less than six
				months, prior to being required to move, or
(2) If such rent is not reasonable,
				twenty-four times the economic rent established by the State for the dwelling
				unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-16 - Decent, safe, and sanitary housing

Current through June, 2024
(a) Decent, safe
				and sanitary housing shall be a dwelling which:
(1) Conforms with all applicable housing and
				occupancy codes;
(2) Has a kitchen
				area which contains a sink in good working condition and connected to hot and
				cold water, a sewage disposal system, a stove, and a refrigerator. When these
				facilities are not so required by local codes, ordinances, or custom, the
				kitchen area shall have utility service connections and adequate space for the
				installation of the facilities;
(3)
				Has a bathroom, well-lighted and ventilated and affording privacy to a person
				within it, containing a lavatory, a basin, and a bathtub or stall shower,
				properly connected to an adequate supply of hot and cold running water, and a
				flush water closet, all in good working order and properly connected to a
				sewage disposal system;
(4) Has
				provision for artificial lighting for each room;
(5) Is structurally sound, in good repair,
				and adequately maintained;
(6) Each
				building used for dwelling purposes shall have two safe unobstructed means of
				egress leading to safe open space at ground level. Each dwelling unit in a
				multi-dwelling building must have access either directly or through a common
				corridor to two means of egress to open space at ground level. In buildings of
				three stories or more, the common corridor on each story must have at least two
				means of egress; and
(7) Has one
				hundred fifty square feet of habitable floor space for the first occupant in a
				standard living unit and at least one hundred square feet of habitable floor
				space for each additional occupant. The floor space is to be subdivided into
				sufficient rooms to be adequate for the family. All rooms must be adequately
				ventilated. Habitable floor space is defined as that space used for sleeping,
				living, cooking, or dining purposes, and excludes such enclosed places as
				closets, pantries, bath or toilet rooms, service rooms, connecting corridors,
				laundries, and unfinished attics, foyers, storage spaces, cellars, utility
				rooms, and similar spaces.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-17 - Right to appeal

Current through June, 2024
(a) An applicant
				for a payment under these, rules shall be notified promptly in writing
				concerning the applicant's eligibility for the payment claimed, the amount, if
				any, the applicant is entitled to receive, and the time and manner in which the
				payment will be made.
(1) Any person
				aggrieved by a determination as to eligibility for payment authorized by these
				rules, or the amount of the payment, may request in writing that the
				application be reviewed by the executive director. The request shall be filed
				with the displacing state agency and must contain all necessary data and
				information in support of the applicant's contention.
(2) The director of the displacing state
				agency shall first review such a request and then forward it with a
				recommendation to the executive director for review and decision.
(3) Any aggrieved applicant who is not
				satisfied with the decision on review, may appeal the executive director's
				determination to the circuit court of the circuit in which the aggrieved
				applicant resides.