§171-90 Eligibility. Any person shall be eligible to apply for a lease under this part if the person was an owner, lessee, or tenant in actual possession of real property in a disaster area and whose business activity or undertaking, not primarily agricultural in character, was substantially destroyed or made unsuitable on or after May 22, 1960, by a natural disaster and whose property or the property on which the person is a lessee or tenant was substantially damaged on or after May 22, 1960, by a natural disaster, so as to render the property unfit or economically unfit for the purpose or use made prior to the disaster, provided that an owner or lessor not in actual possession of the owner's or lessor's property shall not be eligible unless the owner or lessor first fully releases all lessees or tenants from all obligations under the owner's or lessor's lease or agreement of tenancy.

Any owner or lessee of real property in a disaster area who was engaged in the business of renting homes or apartments shall be deemed an owner or lessee or tenant in actual possession of real property in a disaster area as provided for in this section.

Property shall be deemed unfit or economically unfit for the purpose or use made prior to the disaster when so determined by the board of land and natural resources, which determination shall be final, or if any law, ordinance, or regulation of any governmental agency prohibits the construction of improvements on land in a disaster area.

The determination by the board as to who is an eligible applicant shall be final. [L 1962, c 32, pt of §2; Supp, §103A-85; HRS §171-90; gen ch 1985]