Section 17-2017-8 - Replacement housing payment(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.(g) Any eligible person who obtained legal ownership of a replacement dwelling before being displaced and occupies the replacement dwelling within one year from the date the person is required to move in is eligible for the replacement housing payment if the dwelling meets the requirements of section 17-2017-16 or is improved to meet those requirements within the one year period.(h) If two or more eligible displaced persons occupy the same dwelling unit, they should be treated as a single unit in computing the amount of the replacement housing payment due. In order to receive payment, such displaced persons shall not be required to relocate together but all relocatees must move to decent, safe and sanitary housing. The payment shall be made to them jointly with the apportionment to be made by the relocatees.(i) Where displaced individuals or families occupy living quarters on the same premises as a displaced business, farm, or nonprofit organization, such individuals or families are separate displaced persons for purposes of determining entitlement to relocation payments.(j) The person who establishes the estimate of value of replacement housing payment shall not negotiate for the parcel nor deliver the payment to the displaced person. This also is applicable to situations where such payments and services are being administered by another federal, state, or local agency.[Eff NOV 15 2004] (Auth: HRS §§ 111-4, 111-9) (Imp: HRS §§ 111-4, 111-9)