ORD 2023-077 2022-2024 - Laserfiche WebLink

Home

SECTION 3. Chapter 11, article 1, section 11-13, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 11-13. Eligibility[:]; preference. [The administrator shall establish eligibility criteria by rule. Eligibility criteria shall include residency requirements to the extent permitted by law. The administrator may allow households with incomes up to twenty percent greater than the income on which the maximum sales price was based to be qualified to purchase a unit.] (a) Eligibility requirements. (1) The applicant, and the applicant's spouse or reciprocal beneficiary if applicable, may not independently or jointly, unless separated and living apart under a decree from a court of competent jurisdiction, own a majority interest of more than fifty percent in fee simple and/or leasehold of any real estate property that is suitable for dwelling purposes or lands under any trust agreement or other fiduciary arrangement in which another person holds legal title to such land. (2) The housing administrator may allow households with incomes up to twenty percent greater than the income on which the maximum sales price was based to be qualified to purchase a unit. (3) The housing administrator may establish additional eligibility criteria in administrative rules. (b) Unless otherwise prohibited by a grantor to the County for an affordable housing project, for any affordable housing project for which the office of housing and community development is responsible for receiving and evaluating applications, the housing administrator shall: (1) Define the distance from the affordable housing project to be used to identify qualified workers, if applicable; (2) Determine order of preferences and rank applicants based on the following preference categories: (A) Income eligible qualified resident; (B) Income eligible qualified worker; and (C) Income eligible qualified returning student; (3) Select applicants based on application date within the pool of similarly ranked applicants; and (4) Validate the preference status of an applicant prior to occupancy of an affordable unit." SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid,the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 2