§171-90  Eligibility.  Any person shallbe 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 andwhose business activity or undertaking, not primarily agricultural incharacter, was substantially destroyed or made unsuitable on or afterMay 22, 1960, by a natural disaster and whose property or the property onwhich the person is a lessee or tenant was substantially damaged on or afterMay 22, 1960, by a natural disaster, so as to render the property unfit oreconomically unfit for the purpose or use made prior to the disaster, providedthat an owner or lessor not in actual possession of the owner's or lessor'sproperty shall not be eligible unless the owner or lessor first fully releasesall lessees or tenants from all obligations under the owner's or lessor's leaseor agreement of tenancy.

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

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

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