County of Hawai'i Displacement Plan

Home

4 Federal Register / Vol. 54, No. 40 / Thursday, March 2. 1989 / Rules and Regulations. 8844 ` N... '' (o payarent after death.A (b)Basic rights of persons to be including upgraded,but smaller %.`-.. :1,r 7.plecement housing payment is displaced.Notwithstanding any replacement housing that is decent,sale, personal to the displaced person and provision of this subpart,no person and sanitary and adequate to '•;,-. ':•;". 'r.;,-din his or her death the undisbursed shall be required to move from a accommodate individuals or families w. .. on of any such payment shall not displacement dwelling unless displaced from marginal or substandard litl .- paid to the heirs or assigns,except comparable replacement housing is batwing with probable functional •_ _ ; fit; available to such person.No person may obsolesenca.In no event.however,shall (1)The amount attributable to the be deprived of any rights the person a displaced person be required to move i •f• displaced person's period of actual may have under the Uniform Act or this into a dwelling that is not functionally occupancy of the replacement housing part.The Agency shall not require any equivalent in accordance with shall be paid. displaced person to accept a dwelling 124.2(d)(2). -. A (2)The full payment shall be provided by the Agency under these (3)The agency shall provide disbursed in any case in which a procedures(unless the Agency and the assistance under this subpart to a • member of a displaced family dies and displaced person have entered into a displaced person who is not eligible to :; ' the other family members)continue to contract to do so)in lieu of any receive a replacement housing payment occupy a decent,safe,and sanitary acquisition payment or any relocation under I f 24.401 and 24.402 because of replacement dwelling. payment for which the person may failure to meet the length of occupancy (31 Any portion of a replacement otherwise be eligible. requirement when comparable boustsng payment necessary to satisfy (c)Methods of providing comparable replacement rental housing is not the legal obligation of an estate In replacement housing.Agencies shall available at rental rates within the connection with the selection of a have broad latitude in implementing this person's financial mean,which is 30 replacement dwelling byor on behalf of subpart.but implementation shall be for deceased rsonnshalbe disbursed to reasonable cost,on a case-by-case basis hnt of the persons gross monthly Pe b household income.Such assistance shall the estate. unless an exception to case-by-case cover a period of 42 months_ cMs analysis is justified for an satire project. 124.404 2 . Replacement housing of last {i)The methods of providing Subpart F—Motitla Homes replacement housing of last resort i. (a)Determination to provide Include,but are not limited to: !24.501 Appttcsbtl►. replacement housing of last mod. (1)A replacement housing payment in This subpart describes the Whenever a program or project cannot excess of the limits set forth in 1 24.401 requirements governing the provision of proceed an a timely basis because or ll 24.402.A.rental assistance subsidy relocation payments to a person comparable replacement dwellings are under this section may be provided in displaced from a mobile home and/or not available within the monetary limits installments or in a lump sum at the � i home site who meets the basic for owners or tenants,as specified in Agency's discretion. eligibility regsite who of this part. 124.401 or 124.402.as appropriate,the (ii)Rehabilitation of and/or additions Except as modified by this subpart.such . Agency shall provide additional or to an existing replacement dwelling. a displaced person is entitled to a alternative assistance under the (iii)The construction of a new moving expense payment In accordance provisions of this subpart.Any decision replacement dwelling. with Subparts and a replacementr to provide last resort housing assistance (iv)The provision of a direct loan, housing payment in accordance with must be adequately justified either. which requires regular amortization or Subpart E to the same extent and (1)On a case-by-case basin,for good deferred repayment.The loan may be subject to the same s a s requirementt cause,which means that appropriate unsecured or secured by the real persons displaced from convrequirements as nal consideration has been given to: property.The loan may bear interest or dwellings. (i)The availability of comparable be interest-free. replacement housing in the program or (v)The relocation and if necessary, 124.502 Moving and related expenses— project area;and rehabilitation of a dwelling. mobile homes. (ii)The resources available to provide (vi)The purchase of land and/or a (a)A homeowner-occupant displaced comparable replacement housing,and replacement dwelling by the displacing from a mobile home or mobile displaced e (iii)The individual circumstances of agency and subsequent sale or lease to, ientitled to a payment for the coat of the displaced person:or or exchange with a displaced person, his or mobile home on an (2)By a determination that: (vii)The removal of barriers to the movingval chisst basisr her is accordance home with (1)There is little,if any,comparable handicapped. replacement housing available to (viii)The change in status of the I 24.301.A non-occupant owner of a displaced persons within an entire displaced person with his or her rented mobile home is eligible for actual program or project area:and,therefore, concurrence from tenant to homeowner cost reimbursement under;24.909. last resort housing assistance is when it is more cost effective to do so, However,if the mobile home is not necessary for the area as a whole;and as in cases where a downpayment may acquired.but the homeowner-occupant (ii)A program or project cannot be be less expensive than a last resort obtains a replacement housing payment advanced to completion in a timely rental assistance payment. under one of the circumstances manner without last resort housing (2)Under special circumstances, described at 24 503[a)(3],the owner is assistance:and consistent with the definition of a not eligible for payment for moving the (iii)The method selected for providing comparable replacement dwelling, mobile home,but may be eligible for a last resort bousiug assistance is cost modified methods of providing payment for moving personal property effective.considering all elements which replacement housing of last resort from the mobile home. contribute to total program or project permit consideration of replacement (hi The following rules apply to costs.(Will project delay jus ►waiting housing based on apace and physical payments for actual moving expenses for less expensive comparable characteristics different from those in under I 24.301: replacement housing to become the displacement dwelling(see (1)A displaced mobile homeowner. available?) Appendix A,of this part.124.404), who moves the mobile home to a