County of Hawai'i Displacement Plan

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Yx 'y ,j-tb • Federal Register / Vol. 54. No. 40 i Thursday. March 2, 1989 Rules and Regulations ma A `- ' M go Relocation Planting, initially occupies property after it b 1985 Federal Register.Section 7�i.33}7 0 Sur vzc es,and Coordination acquired bythe agency is squired by continues to allow agencies to deduct a the statute.Therefore,it cannot be person's unpaid rent owed to the :i �' •'- on es 24205(0Relocation comments deleted as recommended by several Agency from the person's relocation `.�" ' relocation planning.Most commenters.These persons are not payment in cases where it will not ,. .,� displaced persons,but are eligible for prevent the person from obtaining a j , to favor of the planning concept. advisory services. comparable replacement dwelling.gine #�w, . were concerned about how the relocation is to be .'�* tion ply could hinder project Section 24203 Eviction for Cause considered income payment(1 24.20B)isnot cad e IopmenL The relocation planning In response to comments,this provided for theparticular is " . by this section should be a foal rovision has been modified in several purposengforof assist in the orderly development of a P obtaining replacement housing far the ed and should be considered in this respects.HUD.in its program displaced person.it cannot be released i° V j both the displacing agency and regulations dealing with displacements to other creditors without assurances = '. it by caused by other than State-agency that comparable decent.safe,and [undies agency.FHWA believes that acquisition.has to recognized eviction � �.ohs q ng �� sanitary housing will be available to the - tri diagacing agencies are well aware for carie as a basis for denying displaced n. ,, i' of the Program er ptnjad benefits which eligibility for relocation benefits.Now p .''';.' Can be derived through early and sound that the Uniform Act and these Subpart D--•Payments for Moving and ' -'relocation planning and many agencies Implementing regulations apply to this Related Expenses =, a remedy use comprehensive PieunwS broader array of displacement activities, addilioa to comments on•`•°• - techniques in project development.We it is necessary that valid evictions In do not view relocation planning as a continue to be recognized as a factor tube changes,a mallet of complicated,time consuming activity. that can ex shtentialreceived on this subpart were requests Pa rights to for clarification.Ordinarily.suck �= We see relocation planning as a process relocation payments. clarification would be provided by ,; which provides meaningful information At the same time.It is important that technical advisory guidance.However. • to program and project dedsian makers. otherwise entitled persons not be denied to be respaasive to the rets,we ..'...1-..' It does oat need to result In a detailed relocation payments by nee eviction have swsua oized the answers to coins • docummK oontahniag unnecessary data undertaken far the purpose of evading of these below. and needless problem solving.Instead,it an obligation to make relocation 24.308 la the NMI has hese should be a process which is asroped to assistance available.or for minor renumbered as jj n the asci II bee4 n the complexity and nature of anticipated violations of a lease. been renumberedberedas 24.304 ta.�OB to program or project relocation activity Accordingly,this final rule retains theamide 'R- and should not require a burdensome major thrust of the eviction for cantle a better grouping of topics.The numbers commitment of Agency resources. section,which has been a-part of the used below ate dross used in this final ` language emphasizing this has been governmentwlde common rule since rule. • added to this section.In response to 1988,that persons lawfully occupying Section 24.301 Payment forActual several comments,there is no property at the time of the initiation of Reasonable iiovlig and Related requirement that planning documents be negotiations will continue to have a Expenses--Residential Moves submitted for approval to the funding presumptive entitlement to relocation agency at any stage of a project or payments. Questions were received about program.Planning is the responsibility However.modifications have been payment for the storage of personal of the displacing agency. included to clarify that payments may Property covered in j)24.3011d).As with Section 24.295(c) Relocation be denied in certain circumstances. all other moving expenses.the Agency assistance advisory services.Several Thus.a person who is evicted for cause determines what storage coats are comments were received concerning prior to the initiation of negotiations reasonable and necessary for a move to relocation assistance advisory services. may be denied payment even if that take place.If the Agency determines Three comments objected to the person vacates the premises after the storage to be necessary.the costs of requirement to provide transportation to initiation of negotiations.In addition. moving the personal property to and inspect housing in 124,205(c)(z)(ii)(D). persons who seriously or repeatedly from storage would also be eligible foe The provision is not new and has been violate material terms of the lease or payment.Boarding of animals is not a part of the common rule for occupancy agreement may be evicted considered to be storage. implementation of the Uniform Act since even if the eviction proceeding is begun Section 24.302 Fixed Payment for that rule was arst promulgated by DOT after the initiation of negotiations. Moving Expenses—Residential Moves on March 5,1985(50 FR 8855(19851).It is In either case.the Agency most assure the obligation of the displacing agency Itself that the eviction action is not There were numerous comments to assure that both owners and tenants undertaken to evade the protections of canCerning the$50 fixed payment for are able to inspect the housing to which the Uniform AcL Such eviction for cause moving expenses provided in§24-302. they are referred.There is no evidence circumstances should arise only FHWA has clarified the language of this to suggest that this service has been infrequently and Federal funding exception to apply only to persons with abused by displaced persona agencies will be expected to ensure chat. minimal Pew possessions who are Section 24.205(c)(2)(iii).At the this provision is not misused. in occupancy of a dormitory-style room suggestion of one commenter,the words shared by two or more unrelated "comparable and"have been removed Section 24107 General persons,or a person whose residential from this section.The emphasis is on the B9uiretnents—Claims/or Reloaad" move is performed by an agency at no Payments identification of suitable property expense to the person.Thu language is locations for business and farm Section 24.3070) Deductions from also reflected in the moving expense operations relocation payments.This section has schedule which is published by FHWA Section 91.904cIIJ(ni1.'Ms provision remained the same as was published as elsewhere in this Part II of today's .+of adebory entwines to o person oho part et the common rake is she March 9. 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