Section 17-2017-9 - Replacement housing payment to a one-year owner-occupant who purchases(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.[Eff NOV 15 2004] (Auth: HRS §§ 111-4, 111-8) (Imp: HRS §§ 111-4, 111-8)