County of Hawai'i Displacement Plan

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up .. ar _; r. Fusel Register / Vol. 54. No. 40 / Thursday, March 2, i / Rules and Regulations 8937 _ ,� aced persons.and technical help to be promptly notified es to any g 24.201 Relocation payments not .; .„ persons applying for such assistance. additional documentation that is considered res Income I- ('4)Any person who occupies required to support the claim.payment No relocation payment received by a r ''.,property acquired by an Agency,when for a claim shall be made as soon as displaced person under this part shall be 0 it rah occupancy began subsequent to the feasible following receipt of sufficient considered ea income for the purpose of acquisition of the property.and the documentation to support the claim. the Internal Revenue Code of 1954, .. occupancy is permitted by a short term (c)Advance payments.If a person which has been redesignated as the rental agreement or an agreement demonstrates the need for an advance Internal Revenue Code of 1988 or for the • - subject to termination when the relocation payment in order to avoid or purpose of determining the eligibility or property is needed for a program or reduce a hardship,the Agency shall the extent of eligibility of any person for prefect.shall be eligible for advisory issue the payment.subject to such assistance under the Social Security Act • services,as determined by the Agency. safeguards as are appropriate to ensure or any other Federal law.except for any (d)Coordination of relocation that the oblective of the is activities.• Relocation a��shall be accomplished. � � housingusing law providinga. low-income coordinated with project work and other assistance. displacement-causing activities to (d) tioue for ant ha l All filed with aSubPart�s fQr acrd ensure that,to the extent feasible. relocation payment shall be with Related Expensesth "awing persons displaced receive consistent 'wit In 18 months after treatment and the duplication of (i)For tenants,the date of f 24.301 Payment for actual resoond:de functions is minimized.(Also see lr 74.6, displacement moving and related e Subpart A.l (if)For owners,the date of moves. 12�2Ds Eviction for tronas. displacement or the date of the final Any displaced owner-occupant ar payment for the acquisition of the real tenant of a dwelling who qualifies,aasl�isEviction for cause must conform to property.whichever is later. displaced person(def`med at 4 u applicable state and local law.Airy (2)'ibis time period shall be waived entitled to payment of his or her actual person who occupies the real property b the Agencyand related expenses,as the and is not in unlawful occupancy on the (e)mato, forc good cause. movinggncy determines to be onable date of the initiation of negotiations,is occupants (gone and necessary, presumed to be entitled to relocation �1°ce�'ent dwelling.l[two or more including expenses for: assistancets and other occupants of the displacement dwelling (a)Transportation of the displaced trot part inters the Agency set forth move to separate replacement gymTransportation on and °al costs a distance determine'that d each occupant is entitled to aand 50 miles are not eligible.unless (a)The person reoelved an eviction detamin0.ed Wele i share..as theoAgency detar�es that relocation notice prior to the initiation of may.of anyrelocation n M miles negotiati ns and,as a result of that pynseats that would have b royt)Packin&cria Justified' ating,unpacking.and notice is later evicted;or been ode the moved onto a of the ane! (b)The person is evicted after the together to a comparable replacement (c)Disconnecting.dismantling. initatioa of negotiations far parlous cr dwelling,However.if the Agency removing,reassemb repeated violation of material terms of determines that two or more occupantsloand i g the lease ortha maintained separate households within relocated household appliances.and occuprdic agreement;and the same dwelling.such occupants have other personal proper`• undertaken for the me was sot separate entitlements to relocation (d)Storage of the personal property purpose of evading payment. the obligation to make available the unless the Agency determines that a for a period not to exceed 12 months. I payments and other assistance set forth (fj Deductions from relocation longer period is necessary. in this pert payments.An Agency shall deduct the amount of anyadvance relocation (e)Insurance for the replacement For purposes of determining eligibility payment frothe relocation peymeat{s) value of the property in connection with for relocation payments,the date of to which a displaced person to otherwise the move and necessary storage. displacement b the data the person entitled.Similarly,a Federal agency (f}The replacement value of property moves,or if later.the date s comparable lost.stolen.or damaged in the process of replacement dwelling is made available. shall'and a State agency may,deduct moving(not through the fault or This section applies only to persons who from�ocafion payments any rent that negligence of the displaced person.his would otherwise have bees displaced the displaced person owes the Agency; or her agent,or employee)where wy the profit provided that no deduction shall be Insurance covering such loss.theft,or made if it would prevent the displaced f 24.207 General fbr person from obtaining a comparable damage innotmovingreaso-related expenses relocatlon payments. replacement dwelling as required by (g)Other moving-related expenses (a)Documentation.Any claim for c 5 24.204.The Al ency shall not withhold that are not listed as ineligible under relocation payment shall be supported any part of a relocation payment to a ireal/nimblereal/nimble, the Agency determines to be by such documentation as may be displaced person to satisfy an obligation reaablele and necessary. reasonably required to support expenses to any other creditor. f 24.202 Flead payment tar miring incurred such as bills.certified prices. (g)Notice of denial of claim.If the a moves. appraisals,or other evidence of such Agency disapproves all or part of a Any person displaced from a dwelling expenses.A displaced person must be payment claimed or refuses to consider or a seasonal residence is entitled to provided reasonable assistance the claim on its merits because of receive an expense and dislocation necessary to complete end file any untimely filing or other grounds.it shall allowance as an alternative to a required claim for payment. promptly notify the claimant in writing payment for actual moving and related )Expeditious payments.The of Its determination.the basis for its expenses ander f 2+4.301.This allowance Agency shall review elgdms In en determinafian.and the procedures for shall be determined according to the erveditLenai mangiet.The claimantnhall appealing that dam. applicable schedule approved by the