COM 0572.001 2006-2008 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose and findings. The purpose of this bill is to provide that transfers of property to family members, for non-commercial purposes, should not be included in calculating whether a subdivision triggers an affordable housing requirement. The council finds that the non-commercial, family-relationship aspect of such transfers differentiates them from the typical subdivision for commercial real estate purposes. This bill provides that a subdivider may apply to the housing agency to have lots that are transferred to family members excluded from the number of lots that could count towazd the triggering of an affordable housing requirement. To prevent this provision from becoming a loophole where individuals engaging in real estate transactions avoid affordable housing requirements by transferring lots to related individuals, the bill provides that a transfer to an individual can be excluded from the affordable housing requirement only once in that individual's lifetime. SECTION 2. Section 11-4, Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new subsection (e) to read as follows: "(e) A subdivider may apply to the housine aeencv to have lots excluded from the number counted toward the affordable housing requirement under subsection (b). The housine agency shall exclude such lots from the number counted toward the affordable housin requirement if it finds that the subdivision is primarily for the pumose of transferrine ownership interests to family members, without consideration other than repayment of the expenses of the subdivision, and the lot in question, upon final subdivision approval, is: (1) Transferred to a child of the owner of the property: or (2) Transferred to a person who was a co-tenant in the property immediately prior to the subdivision, and who had acquired the co-tenancy interest by devise or intestate succession from an ancestor in common with the other co-tenants; and (3) A transferee shall be eligible for only one such exclusion in that person's lifetime." SECTION 3. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included.