Haw. Code R. § 17-2017-2

Current through April, 2024
Section 17-2017-2 - Definitions

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.

Haw. Code R. § 17-2017-2

[Eff NOV 15 2004] (Auth: HRS §§ 111-2, 111-9) (Imp: HRS §§ 111-2, 111-9)