Chapter 05 - Government Housing Facilities

Chapter 05 - Government Housing Facilities

12.0501 Policy-Exclusions.

It is the policy of the government to own and operate housing facilities as are necessary to meet the needs of technicians and specially trained personnel who from time to time may be recruited under contract to the government. This housing shall be known as government housing. The elementary school principal fales are excluded in this chapter.

12.0502 Occupancy of government housing.

Government housing may only be occupied by contract specialists employed by the government who are recruited off-island and employed in accordance with the provisions applicable to contract specialists, and by local hire employees of the government who meet the provisions of section 12.0503.

12.0503 Eligibility of local hires.

Employees of the government who are lured locally may occupy government housing only if all of the following conditions are met:

(a) The Governor determines there exists unoccupied housing units in excess of current and prospective needs of contract specialists;

(b) The Governor determines that the employee is one who provides a service which is essential to the government; and

(c) The employee’s right to occupy government housing is established by a written agreement between the government and the employee.

12.0504 Termination of tenancy.

(a) The right of a contract specialist to occupy government housing ceases thirty days after termination of the contract.

(b) For all other persons, the right to occupy government housing ceases thirty days after receipt of a notice of termination of the tenancy.

(c) Any occupant of government housing holding residence beyond the thirty days specified in subsections (a) and (b) will be liable for fair market value rent for the unit, in accordance with a market rate rental schedule established by the government and available upon request.

12.0505 Summary proceedings for obtaining possession.

(a) If an occupant of government housing refuses to leave the premises within thirty days as specified in section 12.0504, the Office of the Attorney General may file in the district court a petition for possession of premises and set a hearing date within fourteen days of filing the petition, provided the respondent occupant is served not less than ten days prior to the hearing date.

(b) After the hearing, the district court may issue an order awarding possession to the government. If the respondent fails to appear at the hearing, an order awarding possession to the government shall be entered against the respondent.

(c) Respondent has 10 days after the order issues to file a motion of appeal, and a motion for stay of judgement which shall be accompanied by a $1,000 surety bond or cash deposit to the court.

12.0510 Surplus housing—Maintenance— Transfer or sale.

To the fullest extent practicable, government housing which is no longer needed for the purposes of 12.0501 shall be declared surplus by the Governor. Upon such declaration, a determination shall also be made by the Governor as to whether the surplus housing can continue to be maintained reasonably at acceptable standards for occupancy. Units that cannot be so maintained shall be demolished. Units that can be so maintained shall be transferred to housing or nonhousing use by federal agencies or to non-housing use by the government, and if not so transferred shall be disposed of by sale. Units suitable only for housing purposes and located in nonresidential areas under zoning laws shall be removed or demolished unless the Governor and Zoning Board approve further use for housing.

12.0511 Sale of government housing.

Sale of surplus housing shall be at auction to the highest eligible bidder. Eligibility to bid shall be limited to U.S. nationals or citizens who are allowed under law to own real property in American Samoa. Sales shall be for cash, under rules as shall be provided by regulation approved by the Governor, and proceeds of sales shall be paid into the general fund.