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vv or <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> •~M NCI <br /> BILL NO. iatT- <br /> ORDINANCE NO. <br /> <br /> AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1 OF THE HAWAII <br /> <br /> COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO <br /> <br /> AFFORDABLE HOUSING. <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Purpose and findings. The purpose of this bill is to provide that transfers of <br /> property to family members, for non-commercial purposes, should not be included in calculating <br /> whether a subdivision triggers an affordable housing requirement. <br /> The council finds that the non-commercial, family-relationship aspect of such transfers <br /> differentiates them from the typical subdivision for commercial real estate purposes. <br /> This bill provides that a subdivider may apply to the housing agency to have lots that are <br /> transferred to family members excluded from the number of lots that could count toward the <br /> triggering of an affordable housing requirement. <br /> To prevent this provision from becoming a loophole where individuals engaging in real <br /> estate transactions avoid affordable housing requirements by transferring lots to related <br /> individuals, the bill provides that a transfer to an individual can be excluded from the affordable <br /> housing requirement only once in that individual's lifetime. <br /> SECTION 2. Section 11-4, Hawaii County Code 1983 (2005 Edition, as amended), is <br /> amended by adding a new subsection (e) to read as follows: <br /> "(el A subdivider may apply to the housing a~ency to have lots excluded from <br /> the number counted towazd the affordable housine requirement under <br /> subsection (bl The housing aeencv shall exclude such lots from the number <br /> counted towazd the affordable housing requirement if it finds that the <br /> subdivision is primarily for the pumose of transferrine ownership interests to <br /> family members without consideration other than repayment of the expenses <br /> of the subdivision and the lot in question, upon final subdivision approval, <br /> is: <br /> (1) Transferred to a child of the owner of the propertv; or <br /> j2) Transferred to a person who was a co-tenant in the propertv immediately <br /> prior to the subdivision and who had acquired the co-tenancy interest by <br /> devise or intestate succession from an ancestor in common with the other <br /> co-tenants; and <br /> <br />