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SECTION 3. Chapter 11, article 1, section 11-13, of the Hawaii County Code 1983 (2016 <br />Edition, as amended), is amended to read as follows: <br />"Section 11-13. Eligibility[-;]; preference. <br />[The itflministr--cit�l establish eligibility e f to«:., 1. r -tile. Eligibility eri <br />include -esideney Bents to the extf'Rt pef m hied by law. The administTatE <br />(Al1Vw 11V lLUvaav auU •Y1L11 iiivV111vU Kr LV twenty 1J V1 Vl..11l g1liU <br />ter- than the ineeme on <br />the im x mum sales ,,rind was based to be qualified to ptife1 a it.] <br />(a) Eligibility requirements. <br />(1) The applicant, and the applicant's spouse or reciprocal beneficiary if <br />applicable may not independently or jointly, unless separated and living apart <br />under a decree from a court of competent jurisdiction own a majority interest <br />of more than fifthpercent in fee simple and/or leasehold of any real estate <br />property that is suitable for dwelling _purposes or lands under an.• ty rust <br />agreement or other fiduciary arrangement in which another person holds legal <br />title to such land. <br />(2) The housing administrator may allow households with incomes up to twenty <br />percent greater than the income on which the maximum sales price was based <br />to be qualified to purchase a unit. <br />(3) The housing administrator may establish additional eligibility criteria in <br />administrative rules. <br />(b) Unless otherwise prohibited by grantor to the County for an affordable housing <br />project, for any affordable housing project for which the office of housing and <br />community development is responsible for receiving and evaluating gpplications <br />the housing administrator shall: <br />(1) Define the distance from the affordable housing project to be used to identify <br />qualified workers, if applicable; <br />(2) Determine order of preferences and rank applicants based on the following <br />preference categories: <br />(A) Income eligible qualified resident; <br />(B) Income eligible qualified worker; and <br />(C) Income eligible qualified returning student; <br />(3) Select applicants based on application date within the pool of similarly ranked <br />applicants; and <br />(4) Validate the preference status of an applicant prior to occupancy of an <br />affordable unit." <br />SECTION 4. Material to be repealed is bracketed and stricken. New material is <br />underscored. In printing this ordinance, the brackets, bracketed and stricken material, and <br />underscoring need not be included. <br />SECTION 5. Severability. If any provision of this ordinance or the application thereof to <br />any person or circumstance, is held invalid, the invalidity does not affect other provisions or <br />applications of the ordinance which can be given effect without the invalid provision or <br />application, and to this end the provisions of this ordinance are severable. <br />2 <br />