Haw. Code R. § 17-2017-20

Current through April, 2024
Section 17-2017-20 - Relocation assistance programs
(a) Planning for relocation programs shall be accomplished in stages:
(1) Until such time as the final location is approved, the tenant is not to be disturbed in any way. Prior to the completion of this stage, the state agency shall make preliminary investigation which will furnish the following information for each of the various alternative locations given final consideration:
(A) Identify the approximate number of individuals and families to include the number of adults and children as well as relocation housing requirements in terms of number of bedrooms needed to accommodate the displacees;
(B) Identify the number and type of businesses, farms, and non-profit organizations as well as the type and quantity of space or area needed to meet the requirements for the displaced businesses, farms and non-profit organizations;
(C) The probable availability of comparable replacement housing, commercial or industrial space and farm areas in the areas of preference and within the financial means of those being displaced; and
(D) Outline the basis upon which the preliminary findings of the state agency are made and include same in the required relocation plan.
(2) The state agency, prior to proceeding with acquisition negotiations or construction, shall furnish the following information for the corporation's review and approval:
(A) The methods and procedures by which the needs of every individual to be displaced will be evaluated and correlated with available decent, safe, and sanitary housing at reasonable rents or prices and readily accessible to the individual's place of employment;
(B) The methods and procedures by which the state agency will assure an inventory of currently available comparable housing which is decent, safe, and sanitary, including type of building, state of repair, number of rooms, needs of the person or family being displaced, type of neighborhood, proximity of public transportation and commercial shopping areas, and distance to any pertinent social institutions, such as church and community facilities; and
(C) An analysis relating to the characteristics of the inventories so as to develop a relocation plan which will:
(i) Outline the various relocation problems disclosed by the above survey;
(ii) Provide an analysis of federal, state, and community programs affecting the availability of housing currently in operation in the project area;
(iii) Provide detailed information on concurrent displacement and relocation by other governmental agencies or private concerns;
(iv) Provide an analysis of the problems involved and the method of operation to resolve and relocate the relocatees;
(v) Estimate the amount of lead time required and demonstrate its adequacy to carry out a timely, orderly, and humane relocation program;
(vi) Assure no person lawfully occupying real property shall be required to move without at least ninety days written notice; and
(vii) Furnish the names of the agencies which will provide the relocation assistance including an analysis of their present workload and ability to perform and the estimated number and job titles of relocation personnel servicing the project.
(b) The displacing state agency shall, in developing relocation assistance programs, consult with the persons to be displaced in order to ensure that such programs are realistic and effective.
(c) Each relocation assistance program shall be submitted in writing to the corporation by the displacing state agency at least one hundred twenty days prior to any displacement. Such programs shall be reviewed and approved by the executive director.
(d) Where a state agency elects to have the relocation payments and services required by these rules administered by another federal, state, or local agency, it shall enter into a written contract or agreement to that effect with the agency it selects. Such contract or agreement shall be subject to the approval of the executive director and shall obligate the agency to perform the services and make the payments in accordance with these rules. The contract shall also provide that the records required by section 17-2017-18 will be retained by the agency administering the relocation program for a period of not less than three years after payment of the final voucher with respect to the particular project, or that these records will be turned over to the state agency. In the event these records are turned over to the state agency, that agency will retain them for a like period. These records shall be made available for inspection by representatives of the corporation or of the federal government at any reasonable hour.
(e) The organization and procedures of any state agency which administers a relocation program shall provide as a minimum that:
(1) Each project shall have assigned to it one or more individuals whose primary responsibility is to provide relocation assistance;
(2) A local subsidiary office will be established which is reasonably convenient to public transportation or within walking distance of each project when the executive director, after consultation with the state agency, that the volume of work or the needs of the displaced persons are such as to justify the establishment of such an office. These offices shall be open during hours convenient to the persons to be displaced, including at least one and preferably more evenings per week if necessary;
(3) Regardless of whether a local office is established, personal contact will be made with each person to be displaced to explain the relocation payments and assistance which are available and to assist in completing any applications required. If such contact cannot be made, the state agency shall furnish documentation to show that reasonable efforts have been made to achieve this contact;
(4) Relocation officials shall maintain personal contact and exchange information with other agencies rendering services useful to displaced persons. Such agencies include social welfare agencies, urban renewal agencies, redevelopment authorities, public housing authorities, the Federal Housing Administration, United States Department of Veterans Affairs, and Small Business Administration. Personal contact shall also be maintained with local sources of information on private replacement properties, including real estate brokers, real estate boards, property managers, apartment owners and operators, and home building contractors. Subscriptions may be maintained for multiple listing services, apartment directory services, and neighborhood and metropolitan newspapers; and
(5) The local relocation office shall maintain and provide:
(A) Lists of replacement dwellings drawn from various sources, suitable in price, size, and condition for displaced persons to the extent they are available;
(B) Current data for such costs as security deposits for utilities, damages, leases, closing costs, typical downpayments, and interest rates and terms;
(C) Maps showing the location of schools, parks, playgrounds, shopping, and public transportation routes in the area;
(D) Schedules and costs of public transportation; and
(F) Other recommended information to be provided by relocation offices including copies of a brochure explaining its relocation program, local ordinances pertaining to housing, building codes, and open housing;

Federal Housing Administration and United States Department of Veterans Affairs booklets of information on inspecting and evaluating replacement housing; and consumer education literature on housing, shelter costs and family budgeting.

Haw. Code R. § 17-2017-20

[Eff NOV 15 2004] (Auth: HRS § 111-6) (Imp: HRS § 111-6)