§15-24-1  Purpose and applicability.  (a)  The purpose of this chapter is to ensure relocation assistance to individuals, families, businesses, and nonprofit organizations displaced in the Kakaako community development district as a result of development actions.
 (b) The provisions of chapter 111, HRS, shall not apply to displacements by state and county agencies within the Kakaako district, and the provisions of this chapter shall apply whenever any individual, family, or business concern occupying property within the Kakaako district is displaced by the Hawaii community development authority or any other governmental agency in the process of acquiring real property for public improvement projects or in carrying out various code enforcement activities consistent with the intent and provisions of the Kakaako community development district plan.  The authority shall provide relocation assistance to persons displaced by private sector actions, provided that the assistance shall not include any form of direct monetary payments, except that the authority may make relocation loans to displaced businesses in accordance with this chapter.
 (c) If funds for relocating any displaced person have been loaned or furnished, wholly or in part, by the federal government, the terms and provisions required by the United States Uniform Relocation Assistance Act of 1970 shall apply.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-1 is based substantially upon §15-18-1.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-2  Definitions.  As used in this chapter, the term:
 "Authority" means the Hawaii community development authority.
 "Business" means any lawful activity conducted (1) primarily for the purchase and resale, manufacture, processing or marketing of products, commodities, or any other personal property; (2) primarily for the sale of services to the public; or (3) by a nonprofit organization.
 "Comparable dwelling" means one which when compared with the dwelling being taken is:
 (1) Decent, safe and sanitary;
 (2) Functionally equivalent and substantially the same with respect to number of rooms, area of living space, type of construction, age, and state of repair;
 (3) In areas not generally less desirable than the dwelling to be acquired with regard to public utilities, and public and commercial facilities;
 (4) Reasonably accessible to the displaced person's place of employment;
 (5) Adequate to accommodate the relocatee;
 (6) In an equal or better neighborhood;
 (7) Available on the market; and
 (8) Open to all persons regardless of race, color, religion, sex or national origin.
 "Displaced person" means any person who is lawfully residing on or lawfully occupying real property and is required to move from any real property as a result of the acquisition or imminence of acquisition of the real property, in whole or in part, by the authority or other governmental agency or who moves from the real property as a result of the acquisition or imminence of acquisition by the authority or other governmental agency of other real property on which the personal is lawfully conducting a business.  "Displaced person" also includes any person lawfully residing on or lawfully occupying real property and is required to move as a result of a governmental program of voluntary rehabilitation or building, zoning, and other similar code enforcement activities.  "Displaced person" as defined in this chapter shall not include a tenant upon or occupier of State land under a revocable permit, provided that those persons who are issued revocable permits on State land which they had previously occupied as lawful tenants or lawful occupiers of private virtue of which acquisition the revocable permits are issued immediately upon acquisition, shall be entitled to assistance as displaced persons upon displacement at the termination of the revocable permits.  "Displaced persons" as defined in this chapter shall not include a squatter or trespasser upon State land or any person unlawfully residing on or unlawfully occupying any real property.
 "Eligible person" means any displaced person who is, or becomes, lawfully entitled to any payment under this chapter.
 "Executive director" means the executive director of the authority.
 "Family" means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship.
 "Financial institution" includes, but is not limited to, banks and other lending institutions whose regular course of business entails the making of commercial and industrial loans.
 "Governmental agency" includes the authority and any other state or county agency.
 "Individual" means a person who is not a member of a family.
 "Loan" means a direct loan made by the authority for the purpose of this chapter, or a loan in which the State participates with financial institutions, including the SBA.
 "Moves in reasonable expectation".  A person who moves from real property subsequently acquired for public purposes as a result of the "reasonable expectation of acquisition of the real property" is one who is in occupancy on the date of the first written offer to purchase the property and meets the occupancy requirements.  The occupancy requirements shall be computed from the date of his move.
 "Moving expenses" include the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, reinstalling of personal property, including service charge in connection with effecting the reinstallations, excluding the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection therewith.  Reinstallation and reconnection costs required for the relocation of trade fixtures shall qualify as moving expenses.
 "Owner" means a person:
 (1) Owning, legally or equitably, the fee simple estate, a life estate, a ninety-nine year lease, or other proprietary interest in the property;
 (2) The contract purchaser of any of the foregoing estates or interest; or
 (3) Who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law.  If acquisition of ownership is by such methods, the tenure of the succeeding owner shall include the tenure of the preceding owner.
 "Person" means (1) any individual, partnership, or corporation or association which is the owner of a business; (2) the head of a family; (3) an individual not a member of a family; (4) a nonprofit organization exempted from taxation under section 235-9, Hawaii Revised Statutes.
 "Private action displaced business" means a small business which is displaced from its location in the Kakaako community development district due to private sector action and not due to action by any governmental agency.
 "SBA" means the Small Business Administration of the United States Government.
 "SBIA" means the Small Business Investment Act of 1958 (P.L. 86-699), as amended.
 "SBIC" means the Small Business Investment Company which provides venture capital to meet the equity needs of small business concerns.
 "Small business" means any business entity, including its affilitates or subsidiaries, which (1) is nondominant in its field and organized for profit, (2) generally conforms with the SBA definition of a small business as defined by title 13, section 121.3-10 of the Code of Federal Regulations, and (3) has conducted ongoing business from a property situated within the Kakaako community development district as set forth in §15-24-44(7).
 "State" means the State of Hawaii.
 "Trade fixtures" are machinery, equipment and other property attached to the business structure and utilized for the trade or business.  Office equipment, furniture, air conditioners, and other general property are not considered trade fixtures.  However, air conditioners that are utilized in conjunction with business machinery or equipment shall be considered trade fixtures.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-2 is based substantially upon §15-18-2.  [Eff 9/22/84; am 5/11/85; R 2/11/91]
 

 §15-24-3  Number.  The use of all words used in the singular shall extend to and include the plural.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-3 is based substantially upon §15-18-30.  [Eff 9/22/84; am 5/11/85; R 2/11/91]
 

 §15-24-4  Relocation payments.  Except as provided as optional payments in §§15-24-6, 15-24-21 and 15-24-28, any person displaced by any governmental agency shall be entitled to receive a payment for actual reasonable moving expenses, supported by a receipted bill or other evidences of expenses incurred.  The distance of the move shall not exceed fifty miles measured in a straight line.  There is no occupancy time limit for eligibility for moving expense payments.  Where it is shown to be in the public interest, the executive director may give prior approval to more than one move of a displaced person.  In order to obtain a moving expense payment, a displaced person shall file written claim with the displacing governmental agency on a form provided by the authority.  By written prearrangement among the displacing governmental agency, the displaced person, and the mover, the displaced person may present an unpaid moving bill to the displacing governmental agency and the agency may pay the mover directly.  The agency may enter into a contract with independent movers on a scheduled basis and furnish a displaced person with a list of movers to choose from to move the person's property.  In such instances, the displacing governmental agency shall pay the mover.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-4 is based substantially upon §15-18-3.  [Eff 9/22/84; am 5/11/85; R 2/11/91]
 

 §15-24-5  Partial acquisition.  Where partial acquisition of real property occurs, the cost of moving personal property from the area acquired to a remainder area shall be considered moving expenses eligible for compensation if removal of the property is necessary and is not otherwise compensated.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-5 is based substantially upon §15-18-6.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-6  Optional relocation payments for displaced persons - general.  (a)  Where necessary, a displaced person falling within §15-24-4 may store personal property for a reasonable time pending location of replacement housing or business location but in no event shall the storage be for a period exceeding one year.  The cost of storage shall be considered as part of the moving costs.  These costs shall be paid only after a showing of necessity for storage and approval by the displacing governmental agency.  A displacee receiving an in-lieu-of payment in accordance with §§15-24-21(b) and 15-24-28(b) shall not be eligible for a storage payment.
 (b) In lieu of the payments authorized by §§15-24-4, 15-24-21 and 15-24-28, the displacing governmental agency may, at its expense, undertake to move as applicable the personal effects or business to the site to which the displaced person is to be relocated.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-6 is based substantially upon §15-18-3.  [Eff 9/22/84; am 5/11/85; R 2/11/91]
 

 §15-24-7  Ineligible moving and related expenses.  A displaced person is not entitled to payment for:
 (1) The cost of moving any structure or other real property improvement;
 (2) Interest on a loan to cover moving expenses;
 (3) Loss of goodwill;
 (4) Loss of profits;
 (5) Loss of trained employees;
 (6) Any additional operating expenses of a business incurred because of operating in a new location except as provided in §15-24-22(b)(8);
 (7) Personal injury;
 (8) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the agency;
 (9) Expenses for searching for a replacement dwelling;
 (10) Physical changes to the real property at the replacement location of a business except as provided in §§15-24-21(e) and 15-24-22(b); or
 (11) Costs for storage of personal property on real property already owned or leased by the displaced person.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)
 

 §15-24-8  Displacement by private action.  (a)  The authority may provide advisory services to individuals, families and businesses displaced by private action within the district, provided that the assistance shall not include any form of direct monetary payments, except that the authority may make relocation loans to displaced businesses in accordance with this chapter.  The advisory services may include, but not be limited to, assistance in securing relocation sites within and outside the district.
 (b) Temporary relocation facilities may be made available to private action displacees provided that those displaced by government action are to be given priority to the use of the facilities.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-8 is based substantially upon §15-18-21.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-9  Reimbursement.  (a)  Any person displaced as a result of a building, zoning, or other similar code enforcement activity shall be entitled to receive a payment for actual reasonable moving expenses as authorized by this chapter, provided that such displaced person did not lease or rent the premises with knowledge of the violation and was not responsible in any way for the violation.  The displacing agency shall have the right to recover from the party responsible for a code violation any monies paid out pursuant to this subsection.  Such amount shall be recoverable by the displacing agency in the same manner as a debt due.
 (b) If the person responsible for the code violation is the owner of real property from which persons are forced to move because of a code enforcement activity, and such responsible person fails to pay the displacing agency within sixty days after written demand, the displacing agency may claim a lien against the real property from which persons are displaced.  This lien shall be in addition to any other remedy the displacing agency may have.  Such lien may be foreclosed in the same manner as liens for real property taxes and in accordance with §§246-55 to 246-61, HRS.
 (c) Payments in accordance with this section to the displacing agency by the party responsible for the code violation shall not relieve the party from complying with the notices ordering compliance with codes issued by the displacing agency.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-9 is based substantially upon §15-18-23.  [Eff 5/11/85; R 2/11/91]
 

 §15-24-10  Temporary relocation facilities.  (a)  The authority may provide relocation facilities within or outside the district for temporary occupancy by individuals, families and businesses displaced by development action in the district.
 (b) Tenant occupancy in relocation facilities provided by the authority shall be temporary.  Displacees may be issued revocable permits of occupancy, provided that a displacee shall not be allowed to occupy a temporary relocation facility for more than six months after completion of a development project in which said displacee has secured an option to lease, or three years, whichever occurs first.
 (c) Temporary relocation facilities provided by the authority shall be made available to displacees at fair market rental.
 (d) Eligibility for the use of temporary relocation space shall be based on a priority system, with displacees of government action having precedence over all others.  Displacees of private development actions having the longest tenancy in the Kakaako district shall be afforded second priority, provided the displacees are legitimate businesses which will be conducting activities that are permitted at the site on which the temporary relocation facility is located.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-10 is based substantially upon §15-18-22.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-11  Application and prompt payments.  (a)  Applications for any relocation or reestablishment payments authorized by this chapter shall be on forms provided by the authority, shall be accompanied by the information and documents as may be required by the authority and shall be filed with the displacing governmental agency.
 (b) No application for any relocation or reestablishment payments authorized by this chapter shall be accepted more than eighteen months after the date of the commencement of the move, nor shall any such payment be made prior to the completion of the move except in cases of hardship.
 (c) All relocation and reestablishment payments authorized by this chapter shall be paid within thirty days after the completion of the move or within thirty days after the date of application if application is made after the move is completed.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-11 is based substantially upon §§15-18-4 and 15-18-5.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-12  Rights of displacees.  All displaced persons shall have the following rights:
 (1) Access to information collected by the authority on replacement housing and replacement business sites both temporary and permanent;
 (2) Access to information regarding types of payments;
 (3) That the displacee shall not be required to vacate without 90 days written notice by the displacing governmental agency; and
 (4) That eviction proceedings shall be initiated only in the event that the displacee remains on the property past the 90-day written notice without the displacing governmental agency's written permission.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-12 is based substantially upon §15-18-15.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-13  Right to appeal.  (a)  An applicant for a payment under this chapter shall be notified promptly in writing concerning the applicant's eligibility for the payment claimed, the amount, if any, the applicant is entitled to receive, and the time and manner in which the payment will be made.
 (1) Any person aggrieved by a determination as to their eligibility for payment authorized by this chapter, or the amount of the payment, may request in writing that the application be reviewed by the authority.  The request shall be made within 60 days of receipt of written notification from the displacing governmental agency regarding eligibility and shall contain all necessary data and information in support of the applicant's contention.  The executive director shall first review the request and then forward it with recommendations to the authority for review and decision.
 (2) The authority shall hear and determine appeals.  An appeal shall be sustained only if the authority finds that the displacing governmental agency's action was based on an erroneous finding of a material fact, or that the agency had acted in an arbitrary or capricious manner or had manifestly abused its discretion.
 (3) Any aggrieved applicant who is not satisfied with the decision of the authority may appeal the determination to the circuit court of the circuit in which the aggrieved applicant resides.
 (b) Persons aggrieved by a determination that they are responsible for a zoning code violation may request in writing that the determination be reviewed by the authority.  The request shall be filed with the authority within sixty days after written demand is made by the governmental agency and shall contain the grounds for the appeal, the specific issues involved, the contentions of the aggrieved, and a description of the evidence that the aggrieved intends to introduce in support of the person's contentions.
 (1) The executive director shall first review the request and then forward it with recommendations to the authority for review and decision.
 (2) A person responsible for a zoning code violation who is not satisfied with the decision on review may appeal the authority's determination to the circuit court of the circuit in which the aggrieved applicant resides.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-13 is based substantially upon §15-18-17.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-14  Documentation.  (a)  A governmental agency which displaces any person shall maintain relocation records for its displacements showing:
 (1) Project and parcel identification;
 (2) Names and addresses of displaced persons and their original and new addresses and telephone numbers (if available);
 (3) Personal contacts made with each displaced person including:
  (A) Date of notification of availability of relocation payments and services;
  (B) Name of the official offering or providing relocation assistance;
  (C) Whether the offer of assistance was declined or accepted and the name of the individual accepting or declining the offer;
  (D) Dates and substance of subsequent follow-up contacts;
  (E) Date on which the displaced person was required to move from the property acquired;
  (F) Date on which actual relocation occurred and whether relocation was accomplished with the assistance of the authority, referrals to other agencies, or without assistance.  If the latter, an approximate date for actual relocation is acceptable; and
  (G) Type of tenure before and after relocation;
 (4) For displacements from dwellings:
  (A) Number in family;
  (B) Type of property (single detached, multi-family, etc.);
  (C) Value, or monthly rent; and
  (D) Number of rooms occupied; and
 (5) For displaced businesses:
  (A) Type of business;
  (B) Whether continued or terminated; and
  (C) If relocated, distance moved (estimate acceptable).
 (b) The displacing governmental agency shall maintain records containing the following information regarding moving and reestablishment expense payments:
 (1) The date the removal of personal property was accomplished;
 (2) The location from which and to which the personal property was moved;
 (3) If the personal property was stored temporarily, the location where the property was stored, the duration of the storage, and justification for the storage and the storage charges;
 (4) Itemized statement of the costs incurred supported by receipted bills or other evidence of expense;
 (5) Amount of reimbursement claimed, amount allowed and an explanation of any difference;
 (6) Data supporting any determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired;
 (7) When the payment to a business is based on its average annual net earnings or $5,000, whichever is less, data showing how the payment was computed; and
 (8) When fixed moving expense payments are made, the data called for in paragraphs (3) and (4) above need not be maintained.  Instead, records showing the basis on which payment was made shall be maintained.
 (c) The displacing governmental agency shall maintain records containing the following information regarding replacement housing payments:
 (1) The date of the governmental agency's receipt of each application for payments;
 (2) The date on which each payment was made or the application rejected;
 (3) Supporting data explaining how the amount of the supplemental payment to which the applicant is entitled was calculated.  This data shall also clearly establish that as of the date of payment replacement housing meeting and criteria established in §15-24-36 was available;
 (4) A signed and dated statement setting forth (1) the determination of the amount of the supplemental payment; and (2) that no official of the governmental agency has a direct or indirect present or contemplated personal interest in this transaction, or will derive any benefit from the supplemental payment, provided that where an individual employed by a governmental agency is displaced by a project, the executive director may authorize payments under this chapter; and
 (5) A statement by the director of the displacing governmental agency that in his opinion the displaced person has been relocated in decent, safe and sanitary housing.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)

Historical Note:  §15-24-14 is based substantially upon §15-18-18.  [Eff 9/22/84; R 2/11/91]
 

 §15-24-15  Relocation assistance programs.  (a)  Any governmental agency which displaces any person shall prepare a relocation program.  Planning for relocation programs shall be accomplished in stages:
 (1) Until the time that the final project is approved, the tenant shall not be disturbed in any way.  Prior to the completion of this stage, the displacing governmental agency shall make preliminary investigations which will furnish the following information for the project location given final consideration:
  (A) Approximate number of individuals, families, businesses, and nonprofit organizations that would be displaced;
  (B) The probable availability of comparable replacement housing within the financial means of those displaced; and
  (C) The basis upon which the above findings were made.
 (2) The displacing governmental agency, prior to proceeding with acquisition negotiations or construction, shall furnish the following information for the authority's review and approval:
  (A) The methods and procedures by which the needs of every individual to be displaced shall be evaluated and correlated with available decent, safe, and sanitary housing at reasonable rents or prices and readily accessible to the displaced person's place of employment;
  (B) The methods and procedures by which the displacing governmental agency will assure an inventory of currently available comparable housing which is decent, safe and sanitary, including type of building, state of repair, number of rooms, needs of the person or family being displaced, type of neighborhood, proximity of public transportation and commercial shopping areas, and distance to any pertinent social institutions, such as church and community facilities; and
  (C) An analysis relating to the characteristics of the inventories so as to develop a relocation plan which shall:
     (i) Outline the various relocation problems disclosed by the above survey;
    (ii) Provide an analysis of federal, state and community programs affecting the availability of housing currently in operation in the project area;
   (iii) Provide detailed information on concurrent displacement and relocation by other governmental agencies or private concerns;
    (iv) Provide an analysis of the problems involved and the method of operation to resolve problems and relocate the relocatees;
     (v) Estimate the amount of lead time required and demonstrate its adequacy to carry out a timely, orderly and humane relocation program; and
    (vi) Assure no person lawfully occupying real property shall be required to move without at least ninety days written notice.
 (b) The displacing governmental agency shall, in developing relocation assistance programs, consult with the persons to be displaced in order to insure that the programs are realistic and effective.
 (c) Each relocation assistance program shall be reviewed and approved by the authority prior to any displacement.
 (d) Where a displacing governmental agency other than the authority elects to have the relocation payments and services required by this chapter administered by the authority, the agency shall enter into a written contract or agreement to that effect with the authority.  The contract or agreement shall be subject to the approval of the authority.  The contract shall also provide that the records required by §15-24-14 will be turned over to the authority.
 (e) Any agency administering a relocation program in accordance with this chapter shall assure that:
 (1) Each project shall have assigned to it one or more individuals whose responsibility is to provide relocation assistance;
 (2) A relocation office will be established which is reasonably convenient to public transportation and within the district.  The office shall be open during normal working hours;
 (3) Reasonable efforts shall be made to personally contact each person to be displaced to explain the relocation payments and assistance which are available and to assist in completing any applications required.  If the contact is not made, the administering agency shall furnish documentation to show what efforts were expended to achieve this contact;
 (4) Relocation personnel shall maintain personal contact and exchange information with other agencies rendering services useful to displaced persons.  These agencies include social welfare agencies, urban renewal agencies, redevelopment authorities, public housing authorities, the Federal Housing Administration (FHA), Veterans Administration (VA) and Small Business Administration (SBA).  Personal contact shall also be maintained with local sources of information on private replacement properties, including real estate brokers, real estate boards, property managers, apartment owners and operators, and home building contractors.  Subscriptions may be maintained for multiple listing services, apartment directory services, and neighborhood and metropolitan newspapers; and
 (5) The relocation office shall maintain and provide:
  (A) A list of replacement dwellings and business locations from various sources suitable in price, size and condition for displaced persons;
  (B) Current data for costs such as security deposits for utilities, damages, and leases, closing costs, typical down payments, and interest rates and terms;
  (C) Maps showing the location of schools, parks, playgrounds, shopping and public transportation routes in the area;
  (D) Schedules and costs of public transportation; and
  (E) Copies of local ordinances pertaining to housing, building codes, and open housing; FHA and VA booklets of information on inspecting and evaluating replacement housing and consumer education literature on housing, shelter costs and family budgeting.  [Eff 2/11/91] (Auth:  HRS §§206E-4, 206E-10.5) (Imp:  HRS §§206E-4, 206E-10.5)
 Historical Note:  §15-24-15 is based substantially upon §15-18-20.  [Eff 9/22/84; R 2/11/91]