County of Hawai'i Displacement Plan

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', -- Federal Register � Vb. 54, No. 40 / 1h nadat:'March 2; 1989'/ Rules and Regulations 8815 '^T. ent provided to a 180-day owner- replacement dwelling,Since an • Twenty-two comments were receleed is occupant.We have retained the current occupant of less than 90 days lea on this subject.Seven recommended warding because the computation of the displaced person,the necessary criteria that these tenants be covered.Eight full price differential.as described in for providing a comparable replacement recommended the addition of a further P" f 24.4o1(c).is limited to the lesser of the dwelling was developed.The use of the condition mentioned In the NPRM, to ti amount needed for purchase of a financial means criteria assure that the provide that,so long arthe tenant is . } comparable replacement dwelling or the displaced person will participate in the ofiered'an opportunity to rent a decent, actual dwelling purchased. cost of a comparable replacement • safe,rind sanitary dwelling for the same -, .:?.,. Section 24.2( )(8)(4.This section has dwelling to the maximum extent of his amount as the tenant paid before the 5,_ been revised to clarify that the utility or her financial capability.In response rehabilitation project,or 30 percent ofi 10 costs for replacement rental housing will to another comment,FHWA also the household's gross income,whichever be based on estimated average monthly addressed the appropriate use of the is greater,such tenant would not be " t utility costs because the actual utility income of those receiving public considered a displaced person.Two J.. costs will not be available.For assistance.If they receive an amount commenters recommended retaining the +": additional clarification of the issue of designated for shelter and utilities,then language in the NPRM.Three , utility costs refer to the discussion in that is the amount that should be used in commenters generally opposed this preamble far 124.402(b),Rental determining the displaced person's considering such tenants as displaced assistance payment. financial means. persona.Finally.two comments Eight comments were received about Section 24.2(e) Contribute concerned tedmical matters. the use of 30 percent of the grail materially.Four comments were HUD recommended that this sebtiun monthly income for dete:miniag this received about this definition.'Iw►o be deleted from the financial means of displaced tenants.[a recommended that all the criteria would suggested that it coulregulation. babe covered is accordance with the discussion in the have to tie present for the business to HUD's various p regulations sto preamble of the NPRM,FHWA contribute materially to the income of a that coverage coulbe tailored to each r examined this issue carefully before displaced person.This is clearly not the affected HUD program.HUD continues revising I 24.2(d)g)gaud I 24.402case.One preferred that the displacing to believe that these emcee are not Replacement housing payment for 90- agency be authorized to develop covered by the Uniform Act because the day occupants.The use of 30 percent ofalternative criteria.This definition has rental increase that prompts their move gross monthly Income for all tenants,to remained as written.FHWA considers is.in HUD's view.not a direct result of meet the statutory requirement that the that szllicient flexibility hes been rehabilitation.However.HUD has Income of a low-income tenant be permittedin the definition of"contribute indicated its willingness end desire to considered• corupering assistense p when a rental materially"to accommodate unusual treat the financial hardship faced by to be the most equitable.practical,and circumsa^* such persons on agrogram-by-px ala Section 31.i appropriate method.It is similar the (fj Decent;safe.and basis.and to deal with this method used by many agencies such as sanies'dwelling.dwelling. su Two comments were Ise in developing new regulations State highway a ales prior to the' received concerning the addition of implementing its several programs Common Rule.Additional diamisslen of cooling.to the requirement for heating assisting residential rehabilitation. this issue la io he found is this presmbk If coaling is determined to bre as critical Since this issue sects only HUD for 1 24.402(b)Rental awl-Warica as beating for a particular State or area, fended activities.we believe that HUD's payment a displacing agency may.in a uniform views should be given great weight. Section 24.2(d)(a)(tH)Eleven manner.require that an adequate Accordingly.this radon has been comments were r+eeeived about'the cooling system be provided in a revised to include language similar to possible eligr''bility of a less than 90-day comparable replacement dwelling. that contained in i_1(f)(2)(iii)of the occupant for a replacement housing Section 24.2(g)(2)(iv) Persons not common governmentwide rule.This payment under Housmg of last resort. displaced The NPRM specifically would not preclude HUD from providing Most objected to this eligibility, requested comments on h Zt.2(g)(Z)(Iv) assistance to such persons in their Persons who ere'In occupancy at the as to whether certain tenants who are Various program regulations. time of the initiation of negotiations,but affected by HUD funded rehabilitation Section 2.2(gJif:2Nviii).At the request who do not meet the Inn of activities should be considered of one Federal agency,we have changed occupancy requirements in ii 24.401 ar "displaced persons."Such tenants are the term"sells"to"conveys"In 24.402,are displaced persona and ars those who are not required to move 124.2(gX2Hviii).Occasionally,Federal entitled to advisory assistance and permanently because of the federally agencies acquire land through moving payments.They may,also.-be funded physical alteration of their exchanges or other agreements that are entitled to rental assistance under dwelling Waits,or a change In the unit's not technically"sales."- housing of last resort provisions if ownership,brit whose rents are Section 24.2(k) Initiation of comparable rental replacement housing increased following completion of the negotiations.Several respondents is not available at a rent not greater rehabilitation activities,resulting in the commented en fids section.Since ft b than 30 percent of the person's gross tenants moving elsewhere.The NPRM not practical to try to identify What monthly household income.This section proposed that such tenants would not be specifically cxnietitutes the Initiation bf provides financial means standards far included to the definition of"displaced negotiations for each and'every Federal, a class of displaced persons heretofore person"if the other conditions included or federally assisted program:-the called"subsequent occupants."When in f 24.2(g,)2)(iv)were satisfied.These deflNtion must be sdmewbat generic. section 706 was amended in iii 7, conditions included the opportunity to Nonetheless,the intent and purpose is section 206(c)(3)was tesised to require lease and occupy another dwelling unit reasonably dam The PridrAcrey assurances that operianidudl not be in the same ball or complex paragraph addrriseit earl it Orlon..lin required to move a thseai ng unless (without regard to ..e a smart of rent which - °: ' . ' ..: the person a t - r charged)and the payrad -gf tion dine the , s, '''y . opportunity reboot io a do�psr�e temporary relocation costa,.- �on bf negri k n' ,,°fir • k. - V • .P , t . 1l ''..,,:.."!i'• 5., ' � _.