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I <br /> 1 <br /> A durational residency requirement has been enacted in San Diego but has not yet been tried in court. <br /> The most conservative legal approach would be to not have a durational requirement, however, it is <br /> very possible that this requirement would survive a court challenge based on owner equity being <br /> considered a "portable" benefit. <br /> Recommendation. Update county ordinances 2.96,2.97,3.35 and other applicable affordable housing <br /> policies for for-sale programs only,with the following definition for a"Qualified Resident". <br /> A"Qualified Resident" is defined as a person who currently resides or is employed within the <br /> County of Maui,for a period of at least 2 years prior to the filing of an Application for an <br /> Affordable Housing Unit,with documentation,including but not limited to,three years of filed <br /> income tax returns,W2s,or benefits statements confirming residency or employment within <br /> the County of Maui,with at least 751 of a residents income generated within the County. <br /> 150 <br />