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t I t 3 I According to LIHTC Rules under Section 42 of Internal Revenue Code: (IRC§42, Low-Income Housing Credit(irs.eov) a preference is allowable for people engaged in "artistic or literary activities". Clarification of general public use requirement.A project does not fail to meet the general public use requirement solely because of occupancy restrictions or preferences that favor tenants— (A)with special needs, (B)who are members of a specified group under a Federal program or State program or policy that supports housing for such a specified group, or (C)who are involved in artistic or literary activities. Under this provision tenants can be selected by an "Artist Interview Committee" made up of local community members. Tenants who apply for the housing can be evaluated based on "The willingness and ability to contribute to a cooperative/creative environment and show a commitment to engage in the greater community." Although this provision is not exclusive to long-time residents,the above criteria would likely favor people who are active and involved in the local community. Example: Ola Ka`Illima Artspace in Kaka`ako neighborhood of Honolulu. An Artist Review Committee was used to select tenants for the recent Ola Ka 'Illima Artspace Lofts(link here),which opened in Feb. 2019 and had 72 units reserved for artists.The woman who administered the selection committee process, Naomi Chu indicated that the process was very successful and they were able to find over 25 community volunteers to help with the selection committee. Conclusion: A preference for local artists and or cultural practitioners is allowable for federally subsidized housing and does not violate the Fair Housing Act. It would be logical to assume that an artistic preference would also be allowable for any County funded housing which does not rely on federal funds since the Fair Housing Act is a federal law and rules which are in compliance at a federal level would therefore also be in compliance at lower levels of legal jurisdiction, i.e.the State or County level.This type of preference would allow a selection committee composed of local area residents to select housing members based on artistic activities,which can include expressions of the local indigenous culture. t { Summary of allowable preferences which do not violate the Fair Housing Act: a 1. County Resident Preference. 2. Neighborhood Area Preference with analysis to show it does not create a "disparate impact" 3. Length of time preference,either on a waiting list or number of years in an area. 4. Artist Preference Preference which raises concerns with the constitutional right to travel but has not yet been legally tested: 1. Durational Residency Requirement 149