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
Universal Citation: HI Admin Rules 17-2017-9
Current through August, 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.
(c) Where it is not possible to establish the average price of a comparable dwelling by the methods set forth in subsection (b), one of the following methods in the order listed shall be acceptable upon prior approval of the executive director.
(1) If other housing is available in the area
(that is comparable except that it is not decent, safe, and sanitary), the
supplementary payment may be determined by estimating the cost to correct the
decent, safe and sanitary deficiencies, adding this amount to the selling price
of the replacement housing which is not decent, safe, and sanitary, and
comparing this amount with the amount paid the relocatee for a dwelling on an
area of land typical in size for a homesite in the general area;
(2) When there is no other housing available
in the area and the owner elects to retain and move the owner's dwelling which
is not decent, safe, and sanitary, the replacement housing payment may be
determined by estimating the amount paid for the dwelling at the present
location on an area of land typical in size for a homesite in the general area
and deducting this amount from the estimated selling price of the dwelling,
corrected to decent, safe, and sanitary standards on a comparable
site;
(3) Where there is no housing
available for comparison and the owner elects to retain and move a decent,
safe, and sanitary dwelling, the replacement housing payment may be determined
by estimating the amount paid for the dwelling at the present location on an
area of land typical in size for a homesite in the general area and deducting
this amount from the estimated selling price of the dwelling relocated on a
comparable homesite; and
(4) In the
event the cost of replacement housing determined by paragraphs (1), (2) and (3)
above exceeds the acquisition cost, plus the $15,000 replacement housing limit,
the replacement housing payment may be determined by estimating the amount paid
for the dwelling at the present location on an area of land typical in size for
a homesite in the general area and deducting this amount from the estimated
selling price of a new comparable, decent, safe and sanitary dwelling on a
comparable homesite.
(d) If an owner occupant is otherwise qualified for a payment under this section but has previously received a payment under section 17-2017-10, the amount of the payment received shall be deducted from the amount to which the owner-occupant is entitled under this section. In no event payments exceed $15,000.
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