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HomeMy WebLinkAbout2016 Action Plan of the Consolidated Plan0 t t 1 t WAI 1 • op III. 9Qq� O Ev � 4 SF 424 The SF 424 is part of the CPMP Annual Action Plan. SF 424 form fields are included in this document. Grantee information is linked from the 1 CPMP.xls document of the CPMP tool. Complete the fellable fields (blue cells) in the table below. The other items are pre - filled with values from the Grantee Information Worksheet. Date Submitted licant Identifier Type of Submission Date Received b state State Identifier lication lication Date Received b HUD Federal Identifier X Construction JPre-a Construction X Non Construction Non Construction licant Information Count of Hawai i IH1159999 HAWAII STATE PROGRAM 50 Wailuku Drive 09- 463 -6073 Office of Housing & Community Development Hilo JHawaii lOffice of Management 96720 U.S.A. Housing Em to er Identification Number (EIN): Hawai'i Count 99- 6000567 pplicant Type: pecify Other Type if necessary: Local Government: County S eci Other Type U.S. Department o Pro ram Fundin Housin and Urban Develo men Catalogue of Federal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding unity Development Block Grant 14.228 Non - Entitlement Grant Project Titles: Hilo Adult Day Care Center, Pahala tion, Mobile Homeless Outreach Service Program, ana Villages — Family Rental Phase I, Kamakana — Senior Affordable Housing, Boys and Girls club Improvements, Residential Repair Program and rGe trat ion, Plannin & Fair Housin Description of Areas Affected by CDBG Project(s) — County of Hawaii Grant Amount - $2,500,000.00 $Additional HUD Grant(s) Describe nal Federal Funds Leveraged $Additional State Funds Leveraged — $1,773,000.00 Leveraged Funds - $60,000.00 $Grantee Funds Leveraged $Anticipated Program Income - $125,000.00 Other (Describe) Private - $2,631,000.00 Total Funds Leveraged for CDBG -based Project(s) - $4,589,000.00 Home Investment Partnerships Program E HOME Project Titles: f Areas Affected by HOME Project(s) — $HOME Grant Amount $ A�gpwaii Describe SF 424 Page 1 Version 2.0 $Additional Federal Funds Leveraged Additional State Funds Leveraged $Locally Leveraged Funds EE$ $Grantee Funds Leveraged $Anticipated Program Income - $25,000.00 Other (Describe) Total Funds Leveraged for HOME -based Project(s) - $25,000.00 7HOPWA Opportunities for People with AIDS 14.241 HOPWA Project Titles Description of Areas Affected by HOPWA Projects) $ HOPWA Grant Amount $Additional HUD Grant(s) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for HOPWA -based Project(s) Emergency Shelter Grants Program 14.231 ESG ESG Project Titles Description of Areas Affected by ESG Project(s) $ESG Grant Amount $Additional HUD Grants) Leveraged Describe $Additional Federal Funds Leveraged $Additional State Funds Leveraged $Locally Leveraged Funds $Grantee Funds Leveraged $Anticipated Program Income Other (Describe) Total Funds Leveraged for ESG -based Project(s) Congressional Districts of: Is application subject to review by state Executive Order 12372 Process? Applicant Districts — 2nd Project Districts — 2nd Is the applicant delinquent on any federal debt? If "Yes" please include an additional document explainin the situation. ❑ Yes X No ❑ Yes This application was made available to the state EO 12372 process for review on DATE X No [I N/A Program is not covered by EO 12372 Program has not been selected by the state for review Person to be contacted regarding this application Susan K. kiyama Housing Administrator 808/961 -8379 08/961 -8685 ohcdcdbg @hawaiicounty.gov Signature of Authorized Representative Date Signed SF 424 Page 2 Version 2.0 Executive Summary AP -OS Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The County of Hawaii is required to submit a Consolidated Plan (CP) to the U.S. Department of Housing and Urban Development (HUD) in order to receive its Community Development Block Grant (CDBG) funds. The purpose of the County's CP is to ensure that jurisdictions receiving direct federal assistance utilize and develop a plan for its housing and related needs of very low -, low -, and moderate - income families in a way that improves the availability and affordability of decent, safe and sanitary housing within a suitable living environment. The County's CP has three major sections: Housing & Special Needs Housing; Homeless; and Community Development. The County's CP provides goals, priorities, needs, and data used to develop the plan for how the County intends to administer the HUD CDBG Program. The State of Hawai'i's CP provides background, direction, and a plan for how the State intends to administer HUD's Home Investment Partnership Program (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) to assist in meeting the housing needs of Hawai'i's citizens. The County's Office of Housing and Community Development (OHCD) reviewed the 2011 Analysis of Impediments to Fair Housing and noted that the following impediments were completed: • Develop video to increase awareness of Fair Housing violations. • Develop Fair Housing Information on County Website • Conduct studies to determine progress in removing barriers. Although these impediments were completed, the OHCD would still like to include them in the Analysis of Impediments (AI) because we will still be updating the video for Marshallese, Ilocano and Spanish speaking families, updating the Al and monitoring the County website. The 2011 Al (Appendix E) is applicable for the 2015 -2019 Consolidated Plan. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The County of Hawaii anticipates that the County's 2016 CDBG allocation will be $2,500,000.00. In addition, the County anticipates receiving $125,000.00 of program income from the Residential Emergency Repair Program (RERP) for a total of $2,625,000.00. To meet the County's five year 2015- 2019 Consolidated Plan, Priorities and Objectives, the following projects will be included in the 2016 Action Plan. 3. Summarize the objectives and outcomes identified in the Plan, Part 2 2016 CDBG Projects Mobile Homeless Outreach Service Program - Vehicle Acquisition - $ 68,455.00, Hilo Adult Day Center Construction - $ 455,429.00, Kamakana Villages - Family Rental Phase I - Infrastructure Improvements - $ 350,000.00, Residential Repair Program - $ 344,616.00, Kamakana Villages - Senior Affordable Housing - Infrastructure Improvements - $ 350,000.00, Pahala Fire Station - Wildland Fire Pumper Apparatus - $ 565,000.00, Boys and Girls Club Facility Improvements — Fencing -$ 91,500.00, Administration, Planning and Fair Housing - $ 400,000.00 - Total : $2,625,000.00 The CDBG project amount for all projects may change to accommodate the actual amount of grant funds or program income received or if there are any cancelled project(s) or reprogramming of CDBG funds. In its efforts to expedite and timely implement its projects, the Public is advised that the County of Hawaii may utilize County funds for the Pahala Fire Station - Wildland fire Pumper Truck Acquisition project to incur pre -award cost under the CDBG program that will not exceed 25% of current CDBG allocation. This is in accordance with the CDBG regulations 24 CFR 570.200 (h) (1), Reimbursement for pre -award costs. HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM Because the County of Hawaii is not receiving any HOME funds for 2016 the County has not requested project proposals. The County of Hawaii anticipates receiving $25,000.00 of program income. Should the County of Hawaii receive any program income or if there are any cancelled or reprogramming of HOME funds it will be applied to the Tenant Based Rental Assistance Program The 2016 CDBG projects meet the Objectives and Outcomes which are identified in the County's 2015- 2019 Consolidated Plan. The housing projects meet the affordable housing objective by creating new affordable housing and sustaining existing housing through renovations and repairs. The public facility projects meet the suitable living environment objective by starting construction on an adult day care center and by acquiring a Wildland fire pumper apparatus. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 2 4. Evaluation of past performance Each year, The County of Hawaii reports its progress in meeting the five -year and annual goals in the Consolidated Annual Performance Evaluation Report (CAPER). The County of Hawaii has consistently satisfied program mandates and expended funds in a timely manner. Furthermore, the County of Hawaii has successfully targeted funds to benefit low and moderate income persons and communities throughout the island. A copy of the CAPER is available in the County of Hawaii Office of Housing & Community Development. The report states that the County has accomplished the following during the period of July 1, 2014 to June 30, 2015: HOUSING AND SPECIAL NEEDS: Provided 6 new households with Tenant Based Rental Assistance Completed 20 rental units at the Ulu Wini Housing Project Provided 127 homebuyer education /counseling sessions —14 Section 8 clients attended Rehabilitated 10 homes RERP HOMELESS: Completed Point in Time Count COMMUNITY DEVELOPMENT: Completed acquisition of fire ladder truck for the Waiakea Fire Station Completed the re- roofing at Yano Hall Senior Center Completed ROAB project at the North Kohala Senior Center Completed ROAB design for the Kona Imin Center Completed plans and design for the Hilo Adult Day Care Center FAIR HOUSING: Held 26 Fair Housing Training sessions for property manager /homeless programs and the general public 5 new landlords attended training 109 calls /inquires on County's Fair Housing website Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 3 2 Fair Housing training with persons of limited English proficiency 5. Summary of citizen participation process and consultation process The County is required to have a Citizen Participation Plan in its CP (see Appendix D). This plan describes and outlines the County's plan to encourage and inform all citizens, especially persons of very low and moderate income including minorities, non - English speaking and persons of Limited English Proficiency (LEP), as well as persons with mobility, visual or hearing impediments, to participate in the development of the County's CP, along with any amendments to the CP, and the County's performance report. The citizen participation process as outlined in the Citizen Participation Plan includes public hearings, consultation meetings, 30 -day review and comment period on the County's draft CP, Hawai'i County Housing Agency /Finance Committee Meetings /County Council Meeting and a public notice announcing the availability of the County's final CP. Public Hearings: The County began its 2016 Action Plan Citizen Participation Process in October of 2015. The County held its annual public hearings in Pahala, Pahoa, Kailua -Kona, Honokaa, and Hilo to present an overview of the Consolidated Plan process and encouraged citizens to offer input concerning housing, homeless, special needs and community development needs. In addition, the past use of funds and accomplishments were discussed and available for comments. The County informed participants of the County's CP priorities and if there were any concerns or comments. The draft 2016 Action Plan was available for public review and comment from February 17, 2016 to March 18, 2016. Public and Private Agencies Consultation Meetings: In 2014 and 2015, the County again held consultation meetings during its annual public hearings to hear the concerns or comments to the County's draft priorities for its 2015 -2019 CP. An overview of the draft priorities and goals were presented. The participants were asked to provide input on the county's draft priorities and goals established as a result of community input at public hearings. Overall, there were 46 participants: 25 in Hilo District, and 21 in Kona District, representing not - for - profit service providers, housing services providers, developers, and county and state agencies. In addition to these consultations, the OHCD also informed each Council Member representing all districts in the County of Hawaii of the CP process and inquired if they had any projects that would meet the draft priorities within their district. In addition and in its efforts to get additional feedback from as many community members as possible, the County mailed need surveys to public service providers and other government agencies. The County did a follow -up response inquiry and was able to get 37 responses from 100 mail outs. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 4 6. Summary of public comments Public comments on the draft 2016 Action Plan will be received throughout the 30 -day Public Comment Period. Comments received will be summarized here. 7. Summary of comments or views not accepted and the reasons for not accepting them If public comments are received during the public comment period and are not accepted by the County of Hawaii, the comments will be summarized here along with the County's reasons for not accepting them. 8. Summary The CP is a comprehensive planning document which identifies the housing and community development needs and priorities for the County of Hawaii for the next five years. It sets forth the County's strategies and objectives in addressing these needs and provides a framework for the Annual Action Plan, which details the specific projects and activities the county will undertake in each of the five years to carry out the CP. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 0 c M a c o U � a� N m c c a 0 O N m 0 d X a n O 0 N N O z 0 c O u m O a) N �..' Z > L c v� m Q N s N L1 c aJ al Q) f0 y, V c 4CC1 c 4CCJ >- N U +�, O s C C Q CL O a) L c LA c O O m: O O > > N aJ � L m aci U .0 D Q .� Ln c m Q. a� E E O a c O 'a C E E vvi C7 U 'a 4- O O 3 Co m c m O U U a) p }, M N 06 06 +L, U E a) a 4J qA OA N 0 c c c L CU +-• c N CU +� N 3 7 LA a) O 4�- O O O O c O O v O w U a o O O V ++ O •O p U O .L-, N 00 C 4- N = = L O C c m i a) a > •O E c v N O CA ate, N E tw w U v _ CA p 4) +, to 0 O -0 " it+ -� z C a c c CL N , 04 tka 0 C a N N LO Q' C a vs U N a m .' t 7 w N t f0 3 O N N 0 O o O F O U N a) m c t E L m +� *' L m O +� c� v 14 � Q E L V) w O � of L L 0� "a N m Q. 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Introduction The County began its 2015 -2019 Citizen Participation Process in October of 2013. The County utilized its annual public hearings in Pahala, Pahoa, Keaau, Kailua -Kona, Honokaa, and Hilo to present an overview of the Consolidated Plan process and encouraged citizens to offer input concerning housing, homeless, special needs and community development needs. In addition, the past use of funds and accomplishments were discussed and available for comments. The County informed participants of the County's draft CP priorities and if there were any concerns or comments. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)) In 2014, the County again held consultation meetings during its annual public hearings to hear the concerns or comments to the County's draft priorities for its 2015 -2019 CP. An overview of the draft priorities and goals were presented. The participants were asked to provide input on the county's draft priorities and goals established as a result of community input at public hearings. Overall, there were 46 participants: 25 in Hilo District, and 21 in Kona District, representing not - for - profit service providers, housing services providers, developers, and county and state agencies. In addition to these consultations, the OHCD also informed each Council Member representing all districts in the County of Hawaii of the CP process and inquired if they had any projects that would meet the draft priorities within their district. In addition and in its efforts to get additional feedback from as many community members as possible, the County mailed need surveys to public service providers and other government agencies. The County did a follow -up response inquiry and was able to get 37 responses from 100 mailouts. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The State of Hawaii is the primary agency that provides homeless funds to homeless service providers. The County actively participates in the Bridging the Gap (Neighbor island counties) and Statewide (consisting of the State and Bridging the Gap) Continuum of Care. These groups focus on approaches to ending homelessness. The County is also a component of the Interagency Council on Homelessness - conglomerate of Government and service providers that seek solutions to address statewide chronic homelessness through mainstream re- programming. Participation in the Continuum also allows the County to acquire other HUD funds for activities that address homeless needs within the County. The County will continue to participate in all levels of collaboration in a proactive effort to address the needs to its homeless community. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The County of Hawaii is not a recipient of Emergency Solution Grant Funds. The State of Hawaii allocates these funds to eligible homeless providors. 2. 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It consisted of 3 housing projects, 3 public facility projects and 1 public services project. The 3 housing projects ranged from the installation of infrastructure to develop rental and senior housing and owner occupied rehabilitation loans. The 3 public facilities project involves the site work and construction of an adult day care facility, acquisition of a Wildland Fire Pumper Apparatus to the installation of security fencing at a youth facility. The public service project involves the acquisition of mobile vehicles to provide outreach and support services to homeless persons. # Project Name 1 Mobile Homeless Outreach Service Program 2 Hilo Adult Day Center - Construction 3 Kamakana Villages - Family Rental Phase 1- Infrastructure Improvements 4 Residential Repair Program 5 Kamakana Villages - Senior Affordable Housing - Infrastructure Improvements 6 Pahala Fire Station - Wildland Fire Pumper Apparatus 7 Boys and Girls Club Facility Improvements - Fencing 8 CDBG Administration, Planning and Fair Housing Table 8 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 22 N V �1J .O L r.7 m H N GJ �O L a 00 M a Q c O r f0 E 0 L t0 E 3 N d �O L a u al O a` I o, a, .a f6 M N c fD a c O 4 U O a O c a 0 0 rq m 0 d 0 0 0 Ln N O z a, �,4 V) V) o �' LL Ca E _> L H O U N 0 v O � U N O U O N O O L N 0 � 3 U y �" O i O of +' O N a) a, a p _ m p a, u � a, N cl:� L (O c = U Z V COD ° ,� O U .L � "t 'N ' -6 _a) T o N +c c L U Qj U O y ± + " CL W E o LA CL U m L O m H a, o ° Z U CA m >- y E CD +, 4� _ ° N .v _m a, M L — CA CL) 3 L m O O o aaj `° 3 o s E °N' w a, O O f0 > c c U E = O E N ca to N v CA 0 U O 0 O O c O d – N O a, O CD w ro fl. v L c E Y 3 a Co O ° > ca ° �O a) L = CD '^ •� iS O N aJ N a, L u " m o +� > O N to CL - c cn m m o > m _ E (A -a -a O a, 3 s v L: Q - m a c c = N �= 4' � a 5 _ v c v o� c°, 1 r-4 S La, ns = v a, ko v �' Q .N co s a aL, > E r' o +� a, 00 3 0 > 3 CO C) o 7 � � ° O � '� � a a U L H (6 E Vf \ O _ co Ln to L Ln a, C 2 .3 O E H a E to C. 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E vii tCa Lo m w 131 H W O w J CL CL Q Z LL a W O .� n r` N C m a C O U p Q N m 7 C C Q O e\-I O Q u 0 0 eq eq 6 0 O v m 0 \ � / \ % / k \ \ CL Ln / u � E 2 k LA Ln m E f / k 0 § CL E ƒ m % f / 7 . \ $ / 2 > o ƒ 2 « m 0 § m M I CL w co - r- 4-1 2 u U I m _ Ln § � � / m ° - u m \ 0 / ) 2 / m C) ) s C / / e / k c » Ln e a m E c o 4- 3 c V) S \ ƒ 0 u C � � o ? f § � a o / ƒ \ § a) / k 3 00 2 ƒ'/ 2 o m f 7 . _ ƒ . 2 ± f m & [ § T c c 2 @� 2 m § M E U �� 0 }k k 7 f@ 2 m / -0 m F c f § c # o $ 3' u O « f c m 7 C .— a @ m 2 m a E f ± � Rt � % .2 f / / m k k o d 5 / m m ? � 2 m k/ E / E§ k t@ 0 2 CL a q 7 r > m 0 \ K CL 2 7 K C & ■ 2 c m CL § . ■ O E m w � CL c ■ # / 4a w § 2 J « ■ © f f % \ 2 ° E § E ' ■ c . m 2 E a $ Z 2 I �% J E co \ � / \ % / k \ \ CL Ln / u � AP -50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low- income and minority concentration) where assistance will be directed The County does not allocate funds based on geographic areas. The CDBG and HOME funds are allocated through a request for proposal (RFP) process which rank and rates project for program eligibility, need and meeting the County's priorities and objectives of the Consolidated Plan. Geographic Distribution Target Area Percentage of Funds County of Hawaii Table 10 - Geographic Distribution Rationale for the priorities for allocating investments geographically Not applicable as the County does not allocate funds based on geographic areas. Discussion Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 29 Affordable Housing AP -55 Affordable Housing — 91.220(g) Introduction One Year Goals for the Number of Households to be Supported Homeless 180 Non - Homeless 40 Special -Needs 66 Total 286 Table 11- One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 20 The Production of New Units 72 Rehab of Existing Units 194 Acquisition of Existing Units 0 Total 286 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion For the 2016 CDBG allocation there were a total of 8 CDBG projects that were selected. It consisted of 3 housing projects, 3 public facility projects and 1 public services project. The 3 housing projects ranged from the installation of infrastructure to develop rental and senior housing and owner occupied rehabilitation loans. The 3 public facilities project involves the site work and construction of an adult day care facility, acquisition of a Wildland Fire Pumper Apparatus to the installation of security fencing at a youth facility. The public service project involves the acquisition of mobile vehicles to provide outreach and support services to homeless persons. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 30 AP -60 Public Housing — 91.220(h) Introduction Actions planned during the next year to address the needs to public housing The State Hawaii Public Housing Authority manages the public housing throughout the State of Hawaii. Please refer to the State's Consolidated Plan. Actions to encourage public housing residents to become more involved in management and participate in homeownership The State Hawaii Public Housing Authority manages the public housing throughout the State of Hawaii. Please refer to the State's Consolidated Plan. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The State Hawaii Public Housing Authority manages the public housing throughout the State of Hawaii. Please refer to the State's Consolidated Plan. Discussion Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 31 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The County's Consolidated Plan includes the HUD's "Performance Measures Model." The Model sets Objectives, Outcomes, Activities, Indicators, and Output for the next five years. Please see the attached Homeless Performance Measures Model Chart for the County's Homeless objectives. Chronic Homelessness is a priority of this administration and through the administration's efforts the West Hawaii Chronic Homelessness Intervention and Rehabilitation Project (CHIRP) and the East Hawaii Homeless Coalition was established. These new forums now bring the various County Departments to the table to develop collaborations between local government, nonprofit, and service providers. The County plans to construct 32 micro - housing units in West Hawaii, to provide long -term transitional housing for the chronic homeless. The County of Hawaii, Office of Housing and Community Development (OHCD), plans to have the units ready for occupancy before the end of the 2016 calendar year. In addition to providing shelter, the OHCD will be working with the various service providers to providee the management of the site in addition to coordinating the needed health care services for these clients. The County also plans to work with the Child and Family Service to renovate the Kona Domestic Abuse Shelter. The project proposes to enlarge and remodel the kitchen, create an interior private office space, replace flooring, replace the playground equipment to include a safety fall surface and repair wood railings. incidents of domestic violence have increased substantially in the past three years. There has been a corresponding increase in the number of community members seeking services at the Kona Domestic Violence Shelter. With the increased usage at the shelter, the facility requires more frequent maintenance, a larger kitchen to accommodate the victim's needs, and private space for the staff to meet with victims. The long -term goal, for the shelter, is to prepare the victim for self- sufficiency and independence. Once the victims of domestic violence and their children are safe, transitioning them to permanent safe housing and providing and linking them to various services to accomplish this becomes the main focus. In Fiscal Year 2014 the Shelter served 97 unduplicated families comprised of 95 women, 2 men and 68 children. Describe the jurisdictions one -year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Hope Services Hawaii, Inc. provides outreach services to assist the homeless persons. They actually drive to the beaches or areas that the unsheltered homeless stay to deliver hygiene products and advise them of the support services that are available to them. Hope Services Hawaii, Inc. also advises the Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 32 homeless persons to come in so that the can discuss their case management and provide them with shelter. Hope Services Hawaii, Inc. also provides meals for the homeless and transportation to appointments. Addressing the emergency shelter and transitional housing needs of homeless persons The County has a plan to address the emergency shelter, transitional housing and permanent housing needs of homeless persons in West Hawaii. Recently, the County completed the West Hawaii Emergency Shelter in Kailua -Kona, Hawaii. The shelter has 31 rooms available for homeless persons every night and it is filled to capacity every night. In December, 2014 the County completed construction of 24 transitional housing units and 72 permanent housing units in the Na Kahua Hale 0 Ulu Wini project in Kailua -Kona, Hawaii. The County plans to acquire and install 32 micro - housing units, in West Hawaii, to provide long- term transitional housing for the chronic homeless. The County's Office of Housing and Community Development (OHCD) will be communicating with vendors who will be retrofitting and delivering 40'x 8' shipping containers that will be converted into 4 micro - housing units. In addition to providing shelter, the OHCD will be working with the various service providers and West Hawaii Chronic Homelessness Intervention and Rehabilitation Project (CHIRP) participants to provide the management of the site in addition to coordinating the needed health care services for these clients. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The County's plan is to transition homeless persons from the West Hawaii Emergency Shelter to the Ulu Wini transitional housing and then to the permanent rental units in Ulu Wini or other permanent housing units in West Hawaii. The rental units provide Section 8 project -based vouchers which will assist with rental susidies, which is another program the Office of Housing and Community Development administers. The goal is to prevent these individuals and families from becoming homeless again by providing them with case management, counseling and employment and life skills training. This allows for personal growth, family stability and job opportunities. Helping low- income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 33 assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The County does not have a formal policy for individuals being discharged from publicly funded institutions and systems of care. These individuals would normally fall under the State's jurisdiction and we as a County would follow the State's policy. However, under the County's Tenant Based Rental Assistance (TBRA) program, preference is given to applicants who are homeless, victims of domestic violence, aged -out foster care youths and families living in a transitional housing program. Discussion In respect to persons who are not homeless but have other special needs, the County is partially funding, Phase II, of an elderly rental project, that is being developed by Hawaii Island Community Development Corporation ( HICDC), with HOME funds. The Mohouli Neighborhood Heights Senior Housing Project will be a 120 unit elderly rental project located in Hilo, Hawaii. Phase I of the project consisting of 60 units, began in April, 2012 and was completed in March, 2014. Phase II of the project will consist of 30 units and is scheduled to begin in May, 2016 and completion in May, 2017. The County is providing nutritional and transportation services to the residents. Hawaii Island Adult Care, Inc. (HIAC) is working with HICDC to relocate their program on -site of the project. The HIAC would provide an adult day care program to the residents, as well as to other seniors in the community. The HIAC program would further the health of the seniors by keeping them engaged, physically and mentally involved, and in the presence of trained personnel that can respond to their needs. The HIAC provides an adult day care program where elders attend for the day, they have dignity, spend time with peers in activities of interest and are a part of the community. In the past, the County has provided CDBG funds for the planning, design, site and infrastructure improvements for the HIAC project. In 2015, CDBG funds were provided for foundation and site improvements. 2016 CDBG funds will be used for the vertical construction of the facility and is scheduled to start in September, 2016 and completion in September, 2017. Part of the 2016 CDBG funds will be allocated to the Mobile Homeless Outreach Service Program, which is administered by HOPE Services Hawaii Inc., and the CDBG funds will be used to acquire two vehicles to assist in the outreach to homeless individuals. The Kama kana Villages -Senior Affordable Housing - Infrastructure Improvements is another project that will be partially funded with 2016 CDBG funds. The CDBG funds will be used for infrastructure improvements for the development and construction of 85 units for a Senior Housing Project in Kailua -Kona. One year goals for the number of households to be provided housing through the use of HOPWA for: Short -term rent, mortgage, and utility assistance to prevent homelessness of the individual or family Tenant -based rental assistance Units provided in housing facilities (transitional or permanent) that are being developed, leased, or operated Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 34 Units provided in transitional short -term housing facilities developed, leased, or operated with HOPWA funds Tota I Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 35 AP -75 Barriers to affordable housing — 91.220(j) Introduction The major obstacles of producing affordable housing are the lack of financial resources, scarcity of developable land and the lack of infrastructure. The County has identified the following barriers to continue to address in its quest to provide affordable housing. The following barriers are fees, charges, exactions, land use regulations, building codes, growth limitations and lack of resources. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The County will undertake the following to reduce and /or remove affordable housing barriers. *Coordinate landlord forums and promote benefits of its rental assistance program. *Work with the Real Property Tax Division to inform landlords about the Affordable Rental Housing Program. *Educate the community (Non - English or Limited English Proficiency) on tenant /landlord roles and responsibilities under the Fair Housing Ac. *Represent homeless needs to State agencies to encourage mainstream resourcing to address homelessness. *Administer Fair Housing training to particpiants island wide. *Educate and provide communities and solicit support through various stakeholder venues about needed housing programs. *Support authorized pre - emptions, pursuant to Hawaii Revise Statutes 46 -15 to assist in expeding development of affordable housing projects. *Continue to maintian a housing website to increase housing and program information. *Continue to revise Hawaii County Code, Chapter 11 to promote development of affordable housing. *Provide legislature recommendations to preserve affordable housing development and funding opportunities. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) M *Provide resource information at community development planning meetings that are representative of at -risk popoulation housing needs. *Continue to amend and /or streamline the General plan landuse regulations and process. *Continue to support applications for and to encourage funding agencies to approve start up and capacity building grants. *Continue to review and update the County building code and recommnetd the elimination or modication of onerous codes that do not affect health and safety. Discussion The bottom line is that its is very expensive to build homes affordable for very low and low- income families in Hawaii. The strengths of the affordable housing delivery system in the County is derived from the many different entities striving toward one common goal; to provide for more affordable housing in Hawaii. State, Federal and County agencies, private non - profits, private social service providors, private lenders and private for - profit developers are doing their part to respond to the urgency of the housing situation in Hawaii. New programs are continully being established to form tax incentives, low- interest intermin financing, bond financing, rental susidies and other creative development techniques to provide affordable housing. Despite all of these efforts the availability of affordable housing will not be developed unless massive amounts of funding is available. Annual Action Plan 37 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) AP -85 Other Actions — 91.220(k) Introduction Listed below are the actions planned to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead -based paint hazards, reduce the number of poverty -level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Actions planned to address obstacles to meeting underserved needs One of the obstacles to meeting underserved needs is the production of affordable housing. The major obstacles are the lack of financial resources and the lack of infrastructure. The County hopes to leverage other sources of funds (i.e. USDA, State, County and private) by providing federal funds to subsidize the cost of housing. Another obstacle is the cost burden that the extremely -low and very-low income households have to endure for housing in the County. The County hopes to continue funding the Tenant Based Rental Assistance program (TBRA) with HOME funds to assist these extremely -low and very-low income households with rental assistance so that they pay less than 30% of their income to housing costs. Another obstacle is the lack of rental units, throughout the County, for extremely -low and very - low income households. The County plans to work with management agencies and educate landlords about the Section 8 Voucher program and the TBRA program. Actions planned to foster and maintain affordable housing The County of Hawaii plans to foster and maintain affordable housing for County residents by investing CDBG funds in infrastructure improvements for multiple housing projects during the 2016 Program Year. High priority affordable housing program strategies will include Infrastructure improvements to support access and development of affordable housing and senior housing, Homeowner Repair, Construction of a new Adult Day Care Facility, Acquisition of a Type 3 Wildland Fire Pumper Apparatus for the Pahala Fire Station, Acquire and install a security fence around the Boys and Girls Club property and the acquistion of two vehicles to provide support and outreach services to homeless individuals and families. Actions planned to reduce lead -based paint hazards Hawaii County has two programs that consider the hazards of lead based paint poisoning. One, the Residential Repair Program (RRP), requires that lead based paint risk assessments be conducted for homes built before 1978. If a dwelling is determined to have lead, mitigation measures are taken to address the lead that is present. When the lead based paint concerns are corrected, the unit becomes available for lead free safe occupancy, thereby, increasing access to housing without LBP hazards. Through the RRP, the County expects to test approximately 10 homes during 2016. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 38 The other is the County's Section 8 Rental Assistance Payments Program which prohibits rental subsidy for any unit that is built before 1978 if there is a family member under the age of 6 and the unit contains peeling paint. Other actions /plans to be undertaken to reduce lead -based paint hazards include: • Distribute pamphlets to applicants of the RERP notifying them of potential lead -based paint hazards; and • Conduct Clearance testing on homes that was found to have lead under the RERP. Actions planned to reduce the number of poverty -level families According to the 2010 Census, 18.3% of the people in Hawaii County are below the poverty level. This is above the State's poverty level of 11.2% and this is mainly due to the high unemployment rate in the County. The County plans to continue administering the Tenant Based Rental Assistance Program (TBRA) that targets the extremely -low and very -low income households. This would limit the households from paying more than 30% of their income to housing costs. Another program the County would like to administer is the National Housing Trust Fund (NHTF) that targets the extremely -low and very-low income households. The National Housing Trust Fund can be used to acquire, construct or rehabilitate rental housing and rent to extremely -low and very-low income households. In rural areas the NHTF law considers households with income below poverty line as very-low income. By administering the NHTF it will help the County reduce the number of poverty -level families. In addition, the County is administering the Department of Labor's Workforce Investment Opportunity Act (WIOA) program which require a one -stop shop. The one -stop concept allows a client to access various services from a central location, which includes self- sufficiency and financial literacy programs. The mandatory partners in the one -stop shop are: WIOA programs, Native American programs, migrant and seasonal farm worker programs, veteran employment program, adult education, welfare -to -work, senior community service employment programs, vocational rehabilitation services for the blind programs, Hawaii Community College and HUD employment and training programs. Actions planned to develop institutional structure The County will continue to participate in: CDBG /HOME Quarterly Coordinator's Meetings which coordinates state -wide activities and performance measures; the State -wide Continuum of Care group which meets every other month to collaborate on homeless issues; the Inter - Agency Council on Homelessness which meets every other month to enable better access to mainstream programs and to end chronic homelessness; HOME State Recipient Group which meets periodically to coordinate HOME program and projects; quarterly meeting with Fair Housing Officers from the State and other counties Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 39 and State -wide Housing Directors which meets monthly to collaborate on housing issues. Actions planned to enhance coordination between public and private housing and social service agencies The County will do the following to enhance coordination between public and private housing and social service agencies: • Expand an email list to notify interested citizens and organizations of upcoming events. • Include video conferencing in its citizen participation activities. Discussion Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 40 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float- funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 41 HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The County of Hawaii does not use any other forms of investment except those listed in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: On Homebuyer activities the County of Hawaii will recapture the total amount of HOME funds expended for a project when the recipient fails to comply with the terms of its agreement with the County, or refuses to accept conditions imposed by the County, HHFDC, or HUD; when the recipient sells or otherwise transfers any real or personal property purchased or constructed with the HOME funds within the applicable period of affordability; and when the recipient ceases to use the property constructed, rehabilitated and /or renovated with HOME funds for the applicable period of affordability, following the issuance of final payment for the project by the County. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: The County of Hawaii adheres to the recapture provisions and recoups the entire amount of the HOME investment from the homebuyer, if the house does not continue to be the principal residence of the homebuyer's family for the entire period of affordability. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The County of Hawaii has never used HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds and has no intention of using HOME funds for this purpose in the future. Annual Action Plan 2016 OMB Control No: 2506 -0117 (exp. 07/31/2015) 42 Appendix A: Maps and Charts 2016 Action Plan C L V. 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A✓ L6 jt 0 ' iii w V z _ Q A a r 4J CD O Um 0 o 2 Er Cdf .0 C ;47, 00 0 z 0 06 ca Z 2 t7) ku lea LL ic 5 rl 0= CL Ie w rA U- CL Fa Appendix B: Needs Consultations and Comments, Public Notices, and Approvals 2016 Action Plan Needs Consultations and Comments: Feedback from the surveys distributed and input on needs from the public hearings are summarized below: Housing: • Affordable rental housing • Affordable for -sale housing • Affordable housing for persons with special needs • Affordable and appropriate housing for persons with mental illness • Affordable housing for persons with developmental and physical disabilities • Elderly housing • Service worker housing (West Hawai'i) • Self -Help housing • Home - financing options for low- income families • Rehabilitation loans Homeless: • Emergency shelter (West Hawaii) • Transitional housing for victims of domestic violence • Transitional housing for families • Self- esteem and life planning training • Parent education programs • Decrease in housing barriers • Appropriate support services to retain housing • Homeless prevention (rental deposit, rental assistance) • Improved methods of data collection • Partnerships established to end homelessness Community Development: • Vocational job training • Homebuyer counseling • Employment development centers • Community centers • Senior centers • Youth centers • Public safety facilities • Rural healthcare facilities • Fire stations, equipment and rescue /emergency medical coverage • Enhanced solid waste management facilities • Development of new park sites • Enhancement of existing park sites • Removal of Architectural Barriers • Infrastructure to adhere to County building code • Off -site infrastructure 2016 Action Plan • On -site infrastructure • Funding for soft costs • Transportation vehicles • Neighborhood center for educational purposes 2016 Action Plan PUBLIC NOTICE ON PUBLIC MEETINGS and REQUEST FOR PROPOSALS for COUNTY OF HAWAII's 2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The County of Hawaii's Office of Housing & Community Development (OHCD) is currently planning for its 2016 Consolidated /Action Plan process for the aforementioned program. As required by federal regulations, the County will hold a series of public hearings and has selected the following locations and times in an effort to encourage comments and views from persons of very low and moderate income. PAHOA PUBLIC HEARING October 13, 2015 10:00 a.m. Pahoa Community Center HONOKA'A PUBLIC HEARING October 15, 2015 10:00 a.m. Honoka'a Gym /MPR Room Date: October 16, 2015 Time: 10:00 a.m. Place: 1990 Kino'ole Street Existing Housing Conference Room The purpose of the public hearings is to hear views and comments from citizens on housing and community development needs and the past performance of the U. S. Department of Housing and Urban Development's (HUD's) CDBG Program. The County encourages its citizens, especially persons of low and moderate income, minorities and non - English speaking persons, as well as persons with disabilities, to attend the public hearings and share their comments and views. Persons requiring special needs (i.e., sign language or bilingual interpreters) may call the OHCD at V /TT 961 -8379 at least seven (7) 2016 Action Plan PAHAT_A PUBLIC HEARING Date: October 12, 2015 Time: 10:00 a.m. Place: Pahala Community Center KONA PUBLIC HEARING Date: October 14, 2015 Time: 10:00 a.m. Place: West Hawaii Civic Center Office of Housing & Community Development Conference Room, 2nd Floor 74 -5044 Ane Keohokalole Hwy. HILO PUBLIC HEARING PAHOA PUBLIC HEARING October 13, 2015 10:00 a.m. Pahoa Community Center HONOKA'A PUBLIC HEARING October 15, 2015 10:00 a.m. Honoka'a Gym /MPR Room Date: October 16, 2015 Time: 10:00 a.m. Place: 1990 Kino'ole Street Existing Housing Conference Room The purpose of the public hearings is to hear views and comments from citizens on housing and community development needs and the past performance of the U. S. Department of Housing and Urban Development's (HUD's) CDBG Program. The County encourages its citizens, especially persons of low and moderate income, minorities and non - English speaking persons, as well as persons with disabilities, to attend the public hearings and share their comments and views. Persons requiring special needs (i.e., sign language or bilingual interpreters) may call the OHCD at V /TT 961 -8379 at least seven (7) 2016 Action Plan days prior to the hearings so arrangements may be made to accommodate them. Citizens who are unable to attend these hearings may submit or fax (808/961 -8685) testimony pertaining to their housing and community development needs by October 16, 2015 to Susan K. Akiyama, Housing Administrator, Office of Housing and Community Development, 50 Wailuku Drive, Hilo, Hawaii 96720. After the public hearing, OHCD staff will be available to discuss the procedures and guidelines for applying for the County's 2016 CDBG program. OHCD staff will provide technical assistance to groups /agencies requesting assistance in developing proposals. 2016 CDBG PROJECT PROPOSAL FORMS The County's five -year 2015 -2019 Consolidated Plan (CP) describes the County's housing and community development needs, funding plans, priorities and objectives, and includes the County's Annual Action Plan for the use of CDBG Program funds. The County of Hawaii is, therefore, seeking eligible applicants to submit project proposals to be included in its 2016 Annual Action Plan to HUD. The County expects to receive approximately $2,500,000 for its CDBG Program. In order to receive federal funding all applicants will be required to have a Dun and Bradstreet Data Universal Numbering System (DUNS) number and be actively registered with current information in the Central Contractor Registration (CCR) prior to applying for CDBG funding. The applicant will have to submit proof that they have a DUNS number and are actively registered in the CCR system with their project proposal packet. Project proposals submitted to the OHCD must comply with the program criteria, meet eligibility requirements, program objectives, and be consistent with the County's priorities and objectives as contained in the County's 2015 -2019 CP. All original project proposals and two (2) copies must be received by 4:30 p.m. on January 8, 2016, by the OHCD, 50 Wailuku Drive, Hilo, Hawaii 96720 -2456 or OHCD Kona Office, 74 -5044 Ane Keohokalole Highway, Kailua -Kona, Hawaii 96740. The proposal forms and federal guidelines covering the eligible activities will be available at the public hearings and at the following locations beginning October 12, 2015, Monday through Friday, 7:45 a.m. to 4:30 p.m., except on holidays. Proposal forms will also be mailed, upon request, after October 16, 2015. 2016 Action Plan OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT Hilo Armory 50 Wailuku Drive Hilo, Hawai'i 96720 Phone: 961 -8379 OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT West Hawaii Civic Center 74 -5044 Ane Keohokalole Hwy. Kailua -Kona, Hawaii 96740 Phone: 323 -4305 In addition, copies of the County's current CP; Citizen Participation Plan and past performance of CDBG funds are also available at the Office of Housing and Community Development, 50 Wailuku Drive, Hilo, Hawai i. A brief description of the CDBG Program are as follows: Community Development Block Grant Program: Title I of the Housing and Community Development Act of 1974 (Public Law 93 -383) created the CDBG Program, which became effective January 1, 1974. Under the CDBG Program, a community is able to develop a flexible, locally designed comprehensive community development strategy in order to address the program's primary objective: "...development of viable urban communities, by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low and moderate income." Under the CDBG program, grants or loan assistance may be used by eligible public agencies, private non - profit organizations, and Community Based Development Organizations (CBDO), (non - profit organization) for the following activities provided that these activities either 1) principally benefit low and moderate income families, 2) aid in the prevention or elimination of slums and blight, or 3) meet other community development needs having a particular urgency. Range of Eligible Activities for the use of CDBG Program Funds: • Acquisition of real * Disposition property. * Clearance, • Acquisition, construction, removal of reconstruction, rehabilitation or installation of public facilities. * Provision of public services, provided it is a new service or a quantifiable increase in 2016 Action Plan of real property. demolition and buildings and improvements. • Interim assistance to immedi- ately arrest deterioration and alleviate emergency conditions. • Urban renewal completion. • Relocation payments. * Loss of rental income incurred in holding housing units for * * * a service now being provided and does not exceed 15% of the County's allocation. Payment of the non - federal share in connection with other federal programs undertaken as part of the development program. Assist privately owned utilities. Code enforcement in deteriorated areas expected, together with public improvements and services, to arrest the area's decline. displacees. Removal of material and archi- tectural barriers restricting mobility of elderly and disabled persons. Historic preservation. Assistance to sub - recipients to carry out activities listed. Renovation of closed school buildings. Micro enterprise assistance. Planning activities. Rehabilitation of privately owned building and low income public housing. OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT COUNTY OF HAWAII By: Susan K. Akiyama Housing Administrator William P. Kenoi, Mayor County of Hawai i (Hawai'i Tribune - Herald: (West Hawaii Today: 2016 Action Plan Oct. 5, 2015) Oct. 5, 2015) COUNTY OF HAWAII CONSOLIDATED PLAN NEEDS SURVEY FOR HOUSING, HOMELESSNESS, AND COMMUNITY DEVELOPMENT PART I. ABOUT YOUR ORGANIZATION 1) Organization Name: Address: Phone: Fax: E -mail: Person completing this form: Date: 2) Is your organization incorporated: Yes ❑ No ❑ 3) Is your organization a: (Check all that apply) ❑ 501(c)(3) Non - Profit ❑ Government ❑ Trade or Professional Organization ❑ Advocacy Group ❑ Other (Please Specify): 4) ❑ Hawai`i Resident 5) What is your organization's geographic area? (choose one) ❑ Hawai`i ❑ Statewide ❑ Specific Communities, Please specify: 6) What is your organization's rip marX purpose or function? (Choose one) ❑ Services provider ❑ Neighborhood association ❑ Advocacy group ❑ Trade association ❑ Homeless shelter provider ❑ Non - profit housing developer ❑ Homeless service provider ❑ For - profit housing developer ❑ For - profit business ❑ Other, Please specify: 7) What is your organization's rip mart' constituency? (Check all that apply) ❑ Neighborhood residents ❑ Homeowners ❑ Homeless persons ❑ Elderly population ❑ Persons with disabilities ❑ Low - income persons ( <80% of MFI) ❑ Persons with AIDS ❑ ❑ Mobility impaired ❑ ❑ Chronically mentally ill ❑ ❑ Developmentally disabled ❑ ❑ Other, please specify: 2016 Action Plan Very low income persons ( <50% of MFI) Veterans Renters Public Housing residents PART II. GENERAL PRIORITIES Based on the constituency your organization serves; please indicate what you believe is the relative priority for each broad type of housing, homelessness, and community development need by checking the appropriate box. Indicate whether that category of need is, in your opinion, 1) Highest Relative Need compared to all the others, 2) Above Average Relative Need compared to others, 3) about Average Relative Need compared to all others, 4) Below Average Need compared to all others, or 5) the Lowest Relative Need compared to all others. Also, if you have any data or additional information which supports your ranking which you would like us to consider, please enclose it with your response to this survey. Needs Category Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need (1) Housing Rental Housing ❑ ❑ ❑ ❑ ❑ Homeowner Housing ❑ ❑ ❑ ❑ ❑ (2) Special Needs Housing (Non- Homeless) Elderly ❑ ❑ ❑ ❑ ❑ Persons with AIDS ❑ ❑ ❑ ❑ ❑ Persons with Disabilities ❑ ❑ ❑ ❑ ❑ (3) Homelessness Homeless Individuals ❑ ❑ ❑ ❑ ❑ Homeless Families ❑ ❑ ❑ ❑ ❑ (4) Community Development Economic Development ❑ ❑ ❑ ❑ ❑ Public Facilities ❑ ❑ ❑ ❑ ❑ Infrastructure ❑ ❑ ❑ ❑ ❑ Public Services ❑ ❑ ❑ ❑ ❑ Neighborhood Planning ❑ ❑ ❑ ❑ ❑ 2016 Action Plan PART III. SPECIFIC PRIORITIES In this section, the County is looking for more detailed input regarding specific needs and priorities as they relate to the general categories identified in Part II of this survey. If you feel that you or your organization is unable or unqualified to give an informed opinion on the relative needs within any of these more specific categories, just check off the box at the top of the survey table marked "Unable to Judge Relative Needs ". Based on the constituency your organization serves, please indicate what you believe is the relative priority for each specific need by checking the appropriate box. Indicate whether that type of need is, in your opinion, 1) Highest Relative Need compared to all others, 2) Above Average Relative Need compared to all others, 3) about Average Relative Need compared to all others, 4) Below Average Need compared to all others, or 5) the Lowest Relative Need compared to all others. Rental Housing Needs by Household Type ❑ Unable to Judge Relative Needs Renter Housing by Household Type Highest Above Average Below Lowest Household Income Relative Average Relative Average Relative Need Need Need Need Need Non - Elderly 1- person households ❑ ❑ ❑ ❑ ❑ Small Families (2 -4 persons) ❑ ❑ ❑ ❑ ❑ Large Families (5 +persons) ❑ ❑ ❑ ❑ ❑ Elderly (1 or 2 person households) ❑ ❑ ❑ ❑ ❑ Other renters (e.g. unrented 2+ ❑ ❑ ❑ ❑ ❑ person households) ❑ ❑ ❑ ❑ ❑ Rental Housing Needs by Income Level ❑ Unable to Judge Relative Needs Renter Housing by Annual Highest Above Average Below Lowest Household Income Relative Average Relative Average Relative Need Need Need Need Need Extremely low income ❑ ❑ ❑ ❑ ❑ Very low income ❑ ❑ ❑ ❑ ❑ Low income ❑ ❑ ❑ ❑ ❑ Moderate income ❑ ❑ ❑ ❑ ❑ Middle income ❑ ❑ ❑ ❑ ❑ Upper income ❑ ❑ ❑ ❑ ❑ 2016 Action Plan Homeowner Housing Needs by Household Type ❑ Unable to Jude Relative Needs Homeowner Housing By Type Highest Above Average Below Lowest Household Income Relative Average Relative Average Relative Frail Elderly Need Need Need Need Need First -time Homebuyers (all) ❑ ❑ ❑ ❑ ❑ Elderly Homeowners ❑ ❑ ❑ ❑ ❑ Families (2+ related persons) ❑ ❑ ❑ ❑ ❑ Non - Elderly (1- person household) ❑ ❑ ❑ ❑ ❑ Other homeowners (unrelated 2+ ❑ ❑ ❑ ❑ ❑ person households) ❑ ❑ ❑ ❑ ❑ Homeowner Housing Needs by Income Level ❑ Unable to Judge Relative Needs Homeowner Housing By Annual Highest Above Average Below Lowest Household Income Relative Average Relative Average Relative Frail Elderly Need Need Need Need Need Extremely low income ❑ ❑ ❑ ❑ ❑ Very low income ❑ ❑ ❑ ❑ ❑ Low income ❑ ❑ ❑ ❑ ❑ Moderate income ❑ ❑ ❑ ❑ ❑ Middle income ❑ ❑ ❑ ❑ ❑ Upper income ❑ ❑ ❑ ❑ ❑ Special Needs Housing (Non- Homeless) ❑ Unable to Judge Relative Needs Special Needs Housing By Sub- Population Type Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need Elderly (all) ❑ ❑ ❑ ❑ ❑ Frail Elderly ❑ ❑ ❑ ❑ ❑ Developmentally Disable ❑ ❑ ❑ ❑ ❑ Physically Disable ❑ ❑ ❑ ❑ ❑ Chronic Substance Abuse ❑ ❑ ❑ ❑ ❑ Seriously Mentally Ill ❑ ❑ ❑ ❑ ❑ Dually Diagnosed (Substance ❑ ❑ ❑ ❑ ❑ Abuse & Mentally Ill) Veterans ❑ ❑ ❑ ❑ ❑ Persons with HIV /AIDS ❑ ❑ ❑ ❑ ❑ Youth ( <18 yrs. Old) ❑ ❑ ❑ ❑ ❑ Victims of Domestic Violence ❑ ❑ ❑ ❑ ❑ 2016 Action Plan Homeless Needs by Population and Sub - Population F-1 Unable to Judge Relative Needs Homeless Population and Sub - Population Type Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need (1) General Population Individuals ❑ ❑ ❑ ❑ ❑ Families with Children ❑ ❑ ❑ ❑ ❑ (2) Specific Sub - Populations ❑ ❑ ❑ ❑ ❑ Elderly (all) ❑ ❑ ❑ ❑ ❑ Frail Elderly ❑ ❑ ❑ ❑ ❑ Developmentally Disabled ❑ ❑ ❑ ❑ ❑ Physically Disabled ❑ ❑ ❑ ❑ ❑ Chronic Substance Abuse ❑ ❑ ❑ ❑ ❑ Seriously Mentally 111 ❑ ❑ ❑ ❑ ❑ Dually Diagnosed (Substance ❑ ❑ ❑ ❑ ❑ Abuse & Mentally Ill) ❑ ❑ ❑ ❑ ❑ Veterans ❑ ❑ ❑ ❑ ❑ Persons with HIV /AIDS ❑ ❑ ❑ ❑ ❑ Youth (<18 yrs. Old) ❑ ❑ ❑ ❑ ❑ Victims of Domestic Violence ❑ ❑ ❑ ❑ ❑ Unmet Needs of the Homeless by Type of Need F-1 Unable to Judize Relative Needs Type of Unmet Homeless Needs Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need (1) Shelter & Housing Emergency Shelter ❑ ❑ ❑ ❑ ❑ Transitional Housing ❑ ❑ ❑ ❑ ❑ Permanent Housing ❑ ❑ ❑ ❑ ❑ (2) Supportive Services Job Training ❑ ❑ ❑ ❑ ❑ Case Management ❑ ❑ ❑ ❑ ❑ Childcare ❑ ❑ ❑ ❑ ❑ Substance Abuse Treatment ❑ ❑ ❑ ❑ ❑ Mental Health Care ❑ ❑ ❑ ❑ ❑ Housing Search & Placement ❑ ❑ ❑ ❑ ❑ Life Skills Training ❑ ❑ ❑ ❑ ❑ 2016 Action Plan Community Development Needs: Economic Development ❑ Unable to Judge Relative Needs Economic Development Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need Commercial/Industrial Acquisition ❑ ❑ ❑ ❑ ❑ Rehabilitation/New Construction ❑ ❑ ❑ ❑ ❑ Direct Financial Assistance ❑ ❑ ❑ ❑ ❑ (Business Loans) ❑ ❑ ❑ ❑ ❑ Brownfield's Remediation ❑ ❑ ❑ ❑ ❑ (Clean up of Contaminated Sites) ❑ ❑ ❑ ❑ ❑ Micro - Enterprise Assistance ❑ ❑ ❑ ❑ ❑ Business Technical Assistance ❑ ❑ ❑ ❑ ❑ Community Development Needs: Public Facilities ❑ Unable to Judge Relative Needs Public Facilities Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need Neighborhood Facilities ❑ ❑ ❑ ❑ ❑ Parks/Recreational Facilities ❑ ❑ ❑ ❑ ❑ Health Facilities ❑ ❑ ❑ ❑ ❑ Parking Facilities ❑ ❑ ❑ ❑ ❑ Youth Centers ❑ ❑ ❑ ❑ ❑ Child Care Centers ❑ ❑ ❑ ❑ ❑ Senior Centers ❑ ❑ ❑ ❑ ❑ Historic Preservation ❑ ❑ ❑ ❑ ❑ (Non- Residential Buildings) Community Development Needs: Infrastructure ❑ Unable to Judge Relative Needs Infrastructure Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need Water /Sewer Improvements ❑ ❑ ❑ ❑ ❑ Solid Waste Disposal ❑ ❑ ❑ ❑ ❑ Flood Drain Improvements ❑ ❑ ❑ ❑ ❑ Infrastructure for Econ. Development ❑ ❑ ❑ ❑ ❑ Street Improvements ❑ ❑ ❑ ❑ ❑ Sidewalk Improvements ❑ ❑ ❑ ❑ ❑ Removal of Architectural Barriers ❑ ❑ ❑ ❑ ❑ 2016 Action Plan Community Development Needs: Public Services n Unable to Judae Relative Needs Public Services v Highest Relative Need Above Average Need Average Relative Need Below Average Need Lowest Relative Need Handicapped Services ❑ ❑ ❑ ❑ ❑ Transportation Services ❑ ❑ ❑ ❑ ❑ Substance Abuse Services ❑ ❑ ❑ ❑ ❑ Employment Services ❑ ❑ ❑ ❑ ❑ Health Services ❑ ❑ ❑ ❑ ❑ Mental Health Services ❑ ❑ ❑ ❑ ❑ Crime Awareness ❑ ❑ ❑ ❑ ❑ Legal Services ❑ ❑ ❑ ❑ ❑ Youth Services ❑ ❑ ❑ ❑ ❑ Child Care Services ❑ ❑ ❑ ❑ ❑ Senior Services ❑ ❑ ❑ ❑ ❑ Community Development Needs: Neighborhood Planning n Unable to Jud>?e Relative Needs Neighborhood Planning Highest Above Average Below Lowest Relative Average Relative Average Relative Need Need Need Need Need Neighborhood Planning ❑ ❑ ❑ ❑ ❑ Fair Housing Activities ❑ ❑ ❑ ❑ ❑ CHDO /(Community Development Corporation) Operating Assistance ❑ ❑ ❑ ❑ ❑ Return Survey to: Office of Housing & Community Development 50 Wailuku Drive Hilo, Hawaii 96720 Or email to: ohcdcdbg @co.hawaii.hi.us 2016 Action Plan Appendix C: Monitoring Plan 2016 Action Plan This section describes the standards and procedures by which the County uses to monitor activities carried out in furtherance of its CP. The intent is to ensure the long -term compliance with requirements of the programs involved, including the comprehensive planning requirements. Upon approval of the CDBG and HOME program funds, the County of Hawai' i meets with each recipient. During this meeting, the County explains the contents of the agreement and all of the requirements for the specific project. The County has developed various checklists (bid, construction, labor standards, acquisition, etc.) that are distributed to each recipient. The checklist indicates the process and the documentation requirements. The checklist also requires that the County approve agreements, documents, notices, etc. prior to its use or execution. This ensures that the documents meet the federal requirements of the program. Recipients are required to submit all executed and completed documents to the County for its files. Recipients are also subject to audits and monitoring visits by auditors and HUD. This is an ongoing process. The County works with the recipient through every step of the project. Training and technical assistance is done immediately if errors or non - compliance are found. For projects involved with facility rehabilitation or construction, the County conducts site visits to verify work progress, to conduct labor interviews, and verify project progress payments. In addition, the agreement executed between the County and recipient requires the recipient to submit monthly status reports to the County. This ongoing monitoring process is preferred to the usual monitoring and audit of projects during the middle or at the completion of the project. This system enables the County to work with the recipients through every step of the project implementation. The process ensures compliance prior to executing any actions, instead of reviewing files after the fact. For the HOME Investment Partnership Program, the County is responsible for monitoring the County of Hawaii HOME Projects. The County provides technical assistance and monitoring during project development and implementation, as well as during the appropriate period of affordability. The County maintains documentation of its project monitoring for review by the State during their monitoring of the County's HOME Program. 2016 Action Plan Appendix D: Citizen Participation Plan 2016 Action Plan CITIZEN PARTICIPATION PLAN A Plan for Citizen Input and Involvement in the Community Development Block Grant HOME Investment Partnership Programs of the U.S. Department of Housing and Urban Development County of Hawai' i Office of Housing and Community Development 50 Wailuku Drive Hilo, Hawai' i 96720 Telephone: (808) 961 -8379 Approved: January 13, 1995 Amended: May 6, 1998 Amended: December 15, 2009 Amended: May 15, 2015 2016 Action Plan TABLE OF CONTENTS I. INTRODUCTION IL ENCOURAGEMENT OF CITIZEN PARTICIPATION A. Public Notices B. Public Hearings /Meetings C. Public Comment Period III. TECHNICAL ASSISTANCE IV. PUBLIC ACCESS TO INFORMATION V. COMPLAINTS OR GRIEVANCE VI. SCHEDULE VII. CRITERIA FOR AMENDMENT TO CONSOLIDATED PLAN EXHIBITS EXHIBIT I — CONSOLIDATED /ACTION PLAN AND CDBG /HOME APPLICATION SCHEDULE 2016 Action Plan I. INTRODUCTION The U.S. Department of Housing and Urban Development (HUD) administers the Community Development Block Grant (CDBG) Program, established by Congress through the Housing and Community Development Act of 1974, as amended. The purpose of the CDBG Program is to provide decent housing, a suitable living environment, and expand economic opportunities, principally for persons of low and moderate income. The County has received CDBG funds from 1976 to the present. In order for the County to receive its annual CDBG grant and in an effort to coordinate and condense the planning and application aspects of the CDBG Program, HUD has replaced the past CDBG application process with the submission of the Consolidated Plan. The County's Consolidated Plan also serves as an information resource for the State of Hawai'i's Consolidated Plan submission and application for funding under HUD's HOME Investment Partnerships (HOME) Program. The Consolidated Plan is a single plan which will describe the County's needs, priorities, funding plans, proposed projects and certify compliance with CDBG Program requirements. The Consolidated Plan covers a five (5) year period. In addition, the County's Consolidated Plan also includes the County's HOME Projects for information purposes. In addition, Section 104 (a) of the Housing and Community Development Act of 1974, as amended, requires that the County certify and now adopt as part of the Consolidated Plan process a detailed citizen participation plan which shall contain the following: Provides for and encourages citizens participation in the development of the Consolidated Plan, any substantial amendments to the Plan and past performances report of CDBG activities, with particular emphasis on participation by persons of low and moderate income, residents of slum and blighted areas, low and moderate income neighborhoods, minorities and non - English Speaking persons and persons with disabilities in which CDBG funds are proposed to be used; 2. Encourages the consultation with public housing authorities with emphasis for participation of residents of public and assist housing developments in developing and implementing the Consolidated Plan as well as to obtain views on housing and community development needs and non - housing development needs; 3. Provides citizens, units of local government and other interested parties on the amount of funds available, range of eligible activities, plans to minimize displacement and the amount of CDBG funds that will benefit low and moderate income persons; 2016 Action Plan 4. Provides citizens with reasonable and timely access to public meetings, information, and availability of the Consolidated Plan, substantial amendments and performance records relating to the grantee's proposed use of funds and actual use of the funds; 5. Provides for technical assistance to groups, representative of persons of low and moderate income that requests such assistance in developing proposals and questions related to housing and community development needs, proposed activities, and program performance; 6. Provides public notices for public hearings to obtain citizens' views and to respond to proposals and questions at all stages of the CDBG process, including at least the development of needs, priorities, goals and the review of proposed activities, and the review of program performance, which hearings shall be held after adequate notice and times and locations convenient to potential or actual beneficiaries and with accommodations for the disabled; 7. Provides for a timely written answer to written complaints and grievances, within fifteen (15) working days, where practicable; 8. Identifies how the needs of non - English speaking residents will be met in the case of public hearings where a significant number of non - English speaking residents can be reasonably expected to participate. a. Provide for person with special needs may request reasonable accommodations to participate in hearings (e.g., large print, taped materials, sign language, interpreter, or translator for non - English speaking participants, at least seven (7) days prior to the public hearings). This Citizen Participation Plan describes how the County will comply with the above requirements to keep the public informed of CDBG /HOME programs, projects, and activities and provide the opportunity for public input. All citizens, including the elderly, minorities, persons with disabilities, persons of low and moderate income, and members of the business community, civic groups, community associations, public agencies, and ethnic - cultural groups, are encouraged to give input to the CDBG /HOME Programs. II. ENCOURAGEMENT OF CITIZEN PARTICIPATION Citizens will be encouraged to be involved in all stages of the Consolidated Plan Process. Citizens may submit their views and priorities by calling, faxing, and writing or speaking directly to staff of the Office of Housing and Community Development at: 1) public hearings, 2) public meetings, 3) during public comment periods, and /or 4) at any time during the year. Citizens will be informed of such opportunities for input through public notices. 2016 Action Plan A. Public Notices Public notices will appear in newspaper(s) of general circulation and the County website to: 1) Announce the location & purpose of the public hearings, amount of federal assistance, range of activities that may be undertaken with CDBG /HOME funds, including the estimated amount that will benefit persons of low- and moderate income and availability of CDBG /HOME proposals to the public; 2) Announce the participation in the development of the Consolidated Plan and any substantial amendments to the Consolidated Plan; 3) Announce the availability of the Citizen Participation Plan for public review and comment; 4) Announce the availability of the draft Consolidated Plan for public review and comment; 5) Announce the meeting of the County Housing Agency; 6) Announce the meeting of the Hawai' i County Council; 7) Announce the availability of the final Consolidated Plan; and 8) Announce the availability of the Consolidated Annual Performance Evaluation Report. Public hearing notices will also state that the OHCD will provide bilingual opportunities to persons or groups who speak and /or read a primary language other than English upon request by the person or group. In addition, the OHCD will provide services of an interpreter for the hearing impaired, large print and taped materials upon request by the person or group. The public hearings will be held at a location that is accessible to persons with disabilities and at a time and location convenient to potential and actual beneficiaries. The public hearings may be conducted via video conferencing. Citizen or groups are requested to call at least a week prior to the hearing so arrangements can be made. 2016 Action Plan B. Public Hearings /Meetings Public hearing(s) will be held to hear citizens' housing and community development needs, comments on the progress of past CDBG /HOME projects, Consolidated Plan and Citizen Participation Plan, and to explain the Consolidated Plan Process. A public meeting will be held by the Hawai' i County Housing Agency (HCHA) /Finance Committee (FC) for the purpose of approving projects submitted on the Consolidated Plan for which the Office of Housing and Community Development is recommending CDBG /HOME funding through its annual Action Plan. Following the action of the HCHA/FC, a public meeting of the Hawai'i County Council will be held to authorize the Mayor to sign and submit the County's Consolidated Plan and /or its Action Plan to the U.S. Department of Housing and Urban Development (HUD). These public meetings shall be held in Hilo at the Hawai' i County Council room, unless otherwise announced. A public notice will be published and meeting agendas will be posted at the Hawaii County Council room at least seven (7) days prior to the public meetings. These public meetings are open to the public. Interested persons will have an opportunity to submit data, views or arguments in writing as well as provide oral testimony on the proposed CDBG /HOME activities. Any comments or views expressed at the public meeting will be considered for relevance and incorporated or attached into the Consolidated Plan, and /or Consolidated Annual Performance Evaluation Report (CAPER). C. Public Comment Period In addition to the opportunity to present comments at public hearings and public meetings, citizens will have the opportunity to comment on: 1) the draft Citizen Participation Plan, Consolidated Plan and /or Action Plan prior to its submittal to the HCHA/FC and County Council, and 2) the proposed. CAPER Reports prior to its submittal to HUD. Public comment periods shall not be less than 30 days for the draft Consolidated Plan and any substantial amendment to the Consolidated Plan; not less than one week for the final Consolidated Plan, Citizen Participation Plan; and 15 days for CAPER Reports. III. TECHNICAL ASSISTANCE Technical assistance will be provided by the staff of the Office of Housing and Community Development (OHCD) to any groups of persons requesting assistance in developing CDBG /HOME project proposals. OHCD staff will also be available to answer questions and to provide assistance during the public hearings and /or meetings. 2016 Action Plan IV. kv VI. VII. PUBLIC ACCESS TO INFORMATION In order to provide opportunities for citizens, public agencies and other interested parties to participate in the Consolidated Plan Process, the County will publish public notices to notify all interested parties on the various stages of the Consolidated Plan. In addition, a summary of the proposed Consolidated Plan will also be published and available for comment. CDBG/HOME proposal forms and Federal guidelines covering eligible activities will be available at the public hearings and at the following locations Monday through Friday, 7:45 a.m. to 4:30 p.m., except holidays. Office of Housing and Community Development (Hilo Armory) 50 Wailuku Drive Hilo, Hawai' i 96720 -2456 Phone: 961 -8379 Office of Housing and Community Development (West Hawaii Civic Center) 74 -5044 Ane Keohokalole Hwy Kailua -Kona, Hawai'i 96740 Phone: 323 -4305 The draft/proposed and final Consolidated Plan as well as the Action Plans will also be available on the County of Hawaii Web Site for review. COMPLAINTS OR GRIEVANCE Citizens may submit complaints or grievances regarding the Consolidated Plan process by writing to the Office of Housing and Community Development. The Office will make every reasonable attempt to provide a written response to any written complaint or grievance within 15 working days of its receipt. All comments and/or opinions received will be considered for relevance when preparing the final Consolidated /Action Plan, any amendments to the Plan, or performance reports. A summary of comments will be attached to the final Consolidated /Action Plan, amendments to the Plan, or performance reports. SCHEDULE Exhibit 1 is a sample schedule for the Consolidated Plan which reflects the foregoing provisions. CRITERIA FOR AMENDMENT TO CONSOLIDATED PLAN The County will determine the necessity to amend its approved Consolidated /Action Plan whenever it is presented with the following decisions: 2. 2016 Action Plan Makes a change in its allocation priorities or changes its method of distribution of funds; Carries out a new activity not previously described in the approved Action Plan; or 3. Changes the purpose, scope, location, or beneficiaries of an activity. The County will determine whether a change or amendment is substantial in nature as it relates to changes in purpose, scope, location, or beneficiaries of an activity. The County's basis for a substantial change will hinder on whether the activity continues to assist the original beneficiaries. Should the County determine that an amendment is substantial in nature, then a public notice will be published for thirty (30) days to receive comments on the substantial amendment before the amendment is implemented. Subsequently, if an amendment is not substantial in nature then a public notice will be published for a two (2) week comment period to inform citizens of the County's amendment(s) to the plan. In situations where there is a surplus of CDBG /HOME funds which will be transferred to existing approved projects to offset project deficits, the County will not publish a public notice to announce these transfer of funds. In cases of emergencies and/or in situations as declared by the Mayor, or in his absence his authorized representative, to be of particular urgency because existing conditions pose a serious and immediate hazard or threat to the health and welfare of the public which is a direct result from flooding, tidal wave (tsunami), earthquake, or other natural causes, the County will utilize its unencumbered CDBG funds for eligible CDBG /HOME activities as determined by the OHCD, to alleviate these threatening conditions. Due to the immediate urgency of these situations, the County will at a later date publish a public notice to inform its citizens of the actual expenditure of these CDBG funds. In all case scenarios above, the County will submit a description of its amendment(s) to HUD on its proposed changes. 2016 Action Plan EXHIBIT I "SAMPLE" CONSOLIDATED /ACTION PLAN AND CDBG/HOME APPLICATION SCHEDULE DATE TASK (Month, Day, Year) Public hearing to hear the Housing & Community Development needs and explain the application procedures, and Consolidated /Action Plan process. (Month, Day, Year) Hilo: County Council Room, (Time, a.m. /p.m.) Pahala Community Center, (Time, a.m. /p.m.) Honoka a: Honoka'a Gym, (Time, a.m. /p.m.) Pahoa: Neighborhood Center, (Time, a.m. /p.m.) (Month, Day, Year) CDBG/HOME Project proposals due to the OHCD (Month, Day, Year) OHCD to review, rank, and select CDBG/HOME Projects for the County's Consolidated /Action Plan to HUD. (Month, Day, Year) OHCD to draft the County's proposed Consolidated /Action Plan (Month, Day, Year) Public notice appears in newspapers, announcing the availability of the proposed Consolidated/Action Plan for public review and comment (Month, Day, Year) (Month, Day, Year) (Month, Day, Year) (Month, Day, Year) (Month, Day, Year) (Month, Day, Year) (Month, Day, Year) (Month, Day, Year) 2016 Action Plan Comment period for the County's proposed Consolidated /Action Plan (30 days required). Deadline to submit documents for Hawaii County Housing Agency (HCHA)/ Finance Committee (FC) meeting HCHA/FC meeting to approve projects Deadline to submit documents for Hawaii County Council meeting Council meeting to authorize Mayor to sign and submit the County's Consolidated/Action Plan to HUD Obtain Mayor's signature Public Notice appears in newspapers summarizing the final Consolidated /Action Plan Consolidated /Action Plan due Appendix E: 2011 Analysis of Impediments to Fair Housing 2016 Action Plan 2011 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE COUNTY OF HAWAII Final: March 2012 Prepared by Belt Collins Hawaii LLC Prepared for Office of Housing and Community Development County of Hawaii 2016 Action Plan HIGHLIGHTS This report brings together information about the availability of housing in Hawaii County for persons or groups who are identified in state and federal laws as "protected classes." In Hawaii, it is illegal to discriminate against any person because of religion, color, race, ancestry /national origin, age, familial status, marital status, disability, HIV infection, sex or sexual orientation. The major findings of the study can be summarized as responding to the following questions: Is housing discrimination present on Hawai `i island? If so, what groups are affected? In what situations does discrimination affect them? Housing discrimination still occurs. The Hawaii Civil Rights Commission reports, on average, 80 housing complaints filed annually statewide. That figure is modest when compared to the 192,656 renter households statewide (22,825 on Hawaii island) in 2010. The largest set of complaints involves people with a disability. Complaints involving persons with disabilities often involve "reasonable accommodation" — changes needed so that the person can enjoy use of the housing unit as much as others do. Housing and social service professionals report that discrimination occurs more often, and may affect Micronesians more often than others — but Micronesian immigrants are very unlikely to complain about mistreatment. Many property managers for low - income housing are aware of fair housing laws, and careful to follow them. Others in the private sector who rent housing may not be so well informed or scrupulous. Fair housing issues may arise in mortgage practices, if borrowers are steered to less favorable loans on the basis of race, language or disability. The extent of this practice in Hawaii County has not yet been determined. Is fair housing choice being significantly limited on Hawai `i island by factors other than or in addition to discrimination? Demand for secure, affordable housing is strong. The limited supply and the cost to build and maintain housing already makes rents high in comparison to U.S. Mainland areas. Incomes are lower, on average, in Hawaii County than statewide, and the share of the population below the poverty level (14.4 %) is higher than the statewide share. Recently, median rental prices have declined. The supply of housing vouchers for low- income families have not grown along with the population, and the supply of housing built for low- income tenants grows slowly. The County continues to maintain a waitlist for the Section 8 Housing Choice Voucher Program, There is no firm evidence that economic pressures lead to Fair Housing abuse. However, when the supply of housing managed by professionals is full, vulnerable persons and families seeking BELT COLLINS HAWAII LLC Page i County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 housing increasingly depend on landlords whose knowledge of the law is limited. Currently, an estimated 24,825 households in Hawaii County earn 50 percent of the County median household income or less; while only 2,555 units are listed in the inventory of managed affordable housing units. An additional 1,000 Section 8 vouchers are distributed by the county, but the wait list for Section 8 vouchers include more than 6,000 families. The large majority of low- and moderate - income households find housing elsewhere, and most probably deal with landlords with limited knowledge of Fair Housing. Do actions of the County of Hawai `i work to create or remove impediments to fair housing choice? The County's Fair Housing staff works to remove impediments by educating housing professionals and the public at large at seminars and training sessions throughout the island. Presentations are made using interpreters to groups with limited English proficiency. The recent development and release of a video, available on a compact disk or through the Office of Housing and Community Development website, extends the educational efforts. The County staff provides information on Fair Housing to the general public and in response to requests on a daily basis. Changes in building codes and the proposed imposition of impact fees are likely to increase the cost of housing construction. However, the County Council can limit the cost of new workforce housing projects by granting qualified exemptions from fees and requirements. Is the County acting on the recommendations in earlier reports? Yes, recommendations in earlier reports have been put into practice. The County is spreading information about Fair Housing through its website, via video, and through daily assistance to tenants and landlords. Collaboration with Federal, State and County staff has helped to share knowledge of emerging Fair Housing issues. Are additional measures needed to counter barriers to fair housing choice? Continuing work to educate landlords and persons who suffer housing discrimination about rights and responsibilities is appropriate. Due to changes in the housing market and the shift to Internet advertising of housing for rent or sale, additional actions are recommended: • Review and respond systematically to Internet rental advertisements, in order to reach "Mom and Pop" landlords. (OHCD and Legal Aid Society of Hawaii both review these. The recommendation is to do so continuously and to respond to advertisements by alerting lessors to Fair Housing training and laws.) • Reach out to community associations to spread knowledge of Fair Housing regulations. (These are increasingly involved in the rental market after foreclosures.) BELT COLLINS HAWAII LLC Page ii County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 Provide a help line with interpreters available at set times: Professionals in the housing industry recognize that advice and consultation on Fair Housing issues by the County staff help them understand the regulations and avoid violations. This effort can be enhanced if a separate help or advice telephone line is made available and publicized. If a help line is publicized in several languages and interpretation services are available in Spanish, Marshallese, and other languages, it will be possible to estimate and address the need for assistance in language- isolated groups.. To cover the cost of such a service, a statewide pilot project is suggested. Consider providing counseling and legal support for victims of predatory lending when it violates Fair Housing laws: The issue of fair housing in mortgage practices may warrant further attention. Housing counseling is available through the Hawaii HomeOwnership Center. While no complaints against lenders have been filed under Fair Housing rules, there is prima facie evidence that predatory lending may disproportionately affect minority groups. In other states, counseling services are supplemented by education and legal advice, funded by HUD, for victims of predatory lending. A similar program in Hawaii may be effective. The latter two recommendations are for co- ordinated action throughout Hawaii. The County of Hawaii would likely be an advocate for, not the primary funder of, these programs. BELT COLLINS HAWAII LLC Page iii County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 CONTENTS HIGHLIGHTS.................................................................................................. ............................... i 1 INTRODUCTION .................................................................................... ............................... 1 1.1 Background ....................................................................................... ............................... 1 1.2 Scope of the Study ............................................................................. ............................... 1 1.3 Approach ........................................................................................... ............................... 1 2 EXISTING CONDITIONS ...................................................................... ............................... 4 2.1 Population and Housing Trends ........................................................ ............................... 4 2.2 Housing Foreclosures ........................................................................ ............................... 8 2.3 Economic and Technological Trends ................................................ ............................... 9 2.4 Incidence of Protected Classes: Persons ......................................... ............................... 11 2.5 Incidence of Protected Classes: Households ................................... ............................... 15 3 HOUSING TRENDS .............................................................................. ............................... 18 3.1 Housing Availability ....................................................................... ............................... 18 3.2 Cost of Housing for Sale or Rent .................................................... ............................... 19 3.3 Housing Demand ............................................................................. ............................... 25 4 COMPLAINTS AND TESTING .......................... ......................... . . . . .. - T7 5 COUNTY POLICY ISSUES .................................................................. ............................... 30 5.1 Hawaii County Policies and Programs .......................................... ............................... 30 5.2 Ongoing Actions to Address Impediments ..................................... ............................... 32 6 INTERVIEWS AND SURVEYS .......................................................... ............................... 35 7 RECOMMENDATIONS .......................................................................... .............................39 REFERENCES.............................................................................................. ............................... 41 APPENDIX: QUESTIONS AND RESPONSES TO E- SURVEY ............... ............................... 42 BELT COLLINS HAWAII LLC Page iv County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 FIGURES Figure 2 -1: ANNUALIZED RATE OF INCREASE, POPULATION, HOUSING AND HOUSEHOLDS, HAWAII COUNTY, 1980 TO 2010 ......... ............................... 5 Figure 2 -2: TOTAL WEEKS UNEMPLOYMENT CLAIMED, HAWAII ISLAND UNEMPLOYMENT OFFICES ............................................. ............................... 10 Figure 3 -1: MULTIPLE LISTINGS SERVICE ANNUAL SALES VOLUME AND MEDIAN PRICES, HAWAII COUNTY, 1997 - 2010 .......... ............................... 20 Figure 3 -2: MEDIAN CONTRACT AND FAIR MARKET RENTS, AND AVERAGE ASKING RENT, 2004 - 2011 .................................................. ............................... 21 Figure 3 -3: MONTHLY PAYMENT AFFORDABLE FOR HOUSEHOLDS PLANNING TO RENT OR BUY HOUSING, 2011 ........................................ ............................... 24 Figure 3 -4: VOLUME OF HOUSING SALES, BY PRICE RANGE, HAWAII COUNTY, 2010 AND 2011 ..................................................................... ............................... 24 TABLES Table 2 -1: POPULATION AND HOUSING, 1980 -2010 ........................ ............................... 4 Table 2 -2: AVAILABLE HOUSING UNITS, 1990 - 2010 ........................ ............................... 5 Table 2 -3: AGE DISTRIBUTION, 2010 .................................................. ............................... 6 Table 2 -4: EMPLOYMENT AND POVERTY, 2006 -2010 ..................... ............................... 7 Table 2 -5: RACE AND LATINO /HISPANIC STATUS, 2010 .............. ............................... 12 Table 2 -6: LINGUISTIC ISOLATION, 2006 -2010 ............................... ............................... 13 Table 2 -7: SELECTED INDICATORS FROM THE BEHAVIORAL RISK FACTOR SURVEILLANCE SYSTEM, 2010 ....................................... ............................... 14 Table 2 -8: REPORTED AIDS CASES, 2006 - 2010 ................................ ............................... 15 Table 2 -9: HOUSEHOLDS BY RACE OF HOUSEHOLDER, 2010 .... ............................... 16 Table 2 -10: HOUSEHOLD COMPOSITION, 2010 ................................. ............................... 17 Table 3 -1: HOUSING OCCUPANCY AND TENURE, 2010 ............... ............................... 18 Table 3 -2: AVAILABLE HOUSING UNITS, 1990 TO 2010 ................ ............................... 19 Table 3 -4: DISTRIBUTION OF HOUSEHOLDS BY INCOME AND HOUSING BURDEN, 2006 - 2010 ............................................................ ............................... 22 Table 3 -5: NEEDED HOUSING BY HUD INCOME CLASSIFICATION, 2012 TO 2016 26 Table 4 -1: SELECTED CHARACTERISTICS, HAWAII CIVIL RIGHTS COMMISSION COMPLAINTS, FY 2002 - 2011 ............................................. ............................... 28 Table 5 -1: IMPEDIMENTS AND RESPONSES, PER 2007 ANALYSIS OF IMPEDIMENTS ................................................................................................ ............................... 33 Table 5 -2: FAIR HOUSING PERFORMANCE MEASURES .............. ............................... 34 Table 6 -1: PARTICIPANTS IN THE 2012 ANALYSIS OF IMPEDIMENTS STUDY...... 36 BELT COLLINS HAWAII LLC Page v County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 ABBREVIATIONS AND ACRONYMS ACS American Community Survey (of the United States Census) CDBG Community Development Block Grant COFA Compact of Free Association between the United States of America and the independent states that had been part of the Trust Territory of the Pacific Islands (Belau, the Federated States of Micronesia, Republic of the Marshall Islands). Nationals of these states may enter and stay in the United States much as residents of other U.S. states or possessions do. In Hawaii, immigrants from these Micronesian areas may be identified as COFA migrants. DBEDT Hawaii State Department of Business, Economic Development and Tourism ESG Emergency Shelter Grant HCRC Hawaii Civil Rights Commission HHFDC Hawaii Housing Finance and Development Corporation, an agency of the State of Hawaii HPHA Hawaii Public Housing Authority HRS Hawaii Revised Statutes HUD United States Department of Housing and Urban Development LASH Legal Aid Society of Hawaii OHCD Office of Housing and Community Development, County of Hawaii Section 8 Section 8 Housing Choice Voucher Program: Federal low- income housing voucher program for renters, administered by local agencies. In Hawaii County, the Existing Housing Division of OHCD is responsible for the Section 8 program. A different program allocates "HUD Section 8" vouchers to housing projects. U.S. United States BELT COLLINS HAWAII LLC Page vi County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 1 INTRODUCTION 1.1 Background In the State of Hawaii, it is illegal to discriminate against any person because of religion, color, race, ancestry /national origin, age, familial status, marital status, disability, HIV infection, sex or sexual orientation. Both federal and state laws specify classes of people protected from discrimination. This report deals with access to housing. It is produced in response to the requirement, by the federal Department of Housing and Urban Development (HUD), that housing agencies receiving certain funds from HUD certify that they are actively working to affirmatively further fair housing. Affirmatively furthering fair housing is defined as conducting an Analysis of Impediments to Fair Housing, identifying and implementing actions to overcome impediments, and developing ways to monitor those actions. 1.2 Scope of the Study The analysis of impediments deal with impediments to fair housing choice in the public and private sectors. It involves: 1. A comprehensive review of local laws, regulations, administrative policies, procedures and practices; 2. An assessment of how those laws, regulations, policies, procedures and practices affect the location, availability, and accessibility of housing; and 3. An assessment of conditions affecting fair housing choice. 1.3 Approach 1.3.1 Major Questions for the Analysis • Is fair pausing el"ce being significanly limited on Hawaii island by factors odxr than or in addition to disaim h-jatioti? BELT COLLINS HAWAII LLC Page 1 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 • Do actions of the County of Hawaii work to create or remove impediments to fair housing choice? • Is the County acting on the recommendations in earlier reports? • Are additional measures needed to counter barriers to fair housing choice? 1.3.2 Organization of the Report This report includes eight major sections: • The summary provides a narrative account of fair housing choice in Hawaii County, bringing together data discussed in more detail in later sections; • This introduction deals with the scope and organization of the report; • Chapter 2 deals with population and housing trends, with a focus on the incidence of the protected classes; • Chapter 3 considers demand and supply, moving from counts of housing units and households to estimates of current and likely future need; • Chapter 4 describes the incidence and content of claims of housing discrimination, and the testing done to learn whether such discrimination is extensive; • Chapter 5 describes housing policy and government practices affecting housing choice in Hawaii County; • Chapter 6 brings together information from interviews and surveys for this report, including local experts' views of current conditions and suggestions for policy initiatives; and • Chapter 7 identifies recommendations for County action. 1.3.3. Sources of Information This report relies on information from public sources, notably the U.S. Census Bureau, on studies and reports prepared for the County of Hawaii Office of Housing and Community Development (OHCD) along with associated housing agencies in Hawaii, and on information provided by stakeholders for this report. (Stakeholders include OHCD staff, other housing agencies, and County agencies concerned with housing availability, real estate professionals, and advocates for members of protected classes. See Table 6 -1.) BELT COLLINS HAWAII LLC Page 2 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 OHCD and associated agencies have sponsored extensive data collection and analysis, notably the Hawaii Housing Policy Study conducted by SMS Research & Marketing Services, Inc. in 1992, 1997, 2003, 2006 and 2011. (The 2011 study is entitled Hawai 'i Housing Planning Study, 2011.) OHCD has sponsored Analysis of Impediments to Fair Housing Choice reports in the past, most recently for 2007 (published in 2008). The State of Hawaii sponsored a similar study in 2010, covering the four counties of Hawaii. This report draws on information from earlier studies as needed. Earlier studies included a survey on awareness of fair housing law, attitudes toward discriminatory housing practices, and experience of housing discrimination. No new survey was conducted for the present report, in part because past work provides a solid basis to guide policy development for the next few years. BELT COLLINS HAWAII LLC Page 3 County of Hawaii 2011 Analysis of Impedimentsto Fair Housing Choice March 2012 2 EXISTING CONDITIONS 2.1 Population and Housing Trends Hawaii County has seen continuing population growth over the last few decades. Housing development has increased rapidly. Some of that housing is for use by non - residents. The number of households — the housing actually occupied by residents — has not increased as quickly as the overall housing stock. Table 2 -1 shows State and County Census data since 1980, and Figure 2 -1 shows the annual average rates of change per decade for population, housing units, and households. Table 2 -1: POPULATION AND HOUSING, 1980 -2010 SOURCE: U.S. Census as reported in DBEDT data books. When units available for island residents are counted (including units vacant for rent or sale, but excluding units held for recreational or seasonal use, for migrant workers, and other vacant units), the share of Hawaii County units vacant and available for residents have climbed from 4.0 percent to 6.6 percent of the available stock by 2010 (as shown in Table 2 -2). BELT COLLINS HAWAII LLC Page 4 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawai'i Hawai'i County Population 1980 964,961 92,053 1990 1,108, 229 120,317 2000 1,211,537 148,677 2010 1,360,301 185,079 Housing Stock 1980 332,213 33,954 1990 389,810 48,253 2000 460,542 62,674 2010 519,508 82,324 Households 1980 294,052 29,237 1990 356,267 41,461 2000 403,240 52,985 2010 455,338 67,096 SOURCE: U.S. Census as reported in DBEDT data books. When units available for island residents are counted (including units vacant for rent or sale, but excluding units held for recreational or seasonal use, for migrant workers, and other vacant units), the share of Hawaii County units vacant and available for residents have climbed from 4.0 percent to 6.6 percent of the available stock by 2010 (as shown in Table 2 -2). BELT COLLINS HAWAII LLC Page 4 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 Figure 2 -1: ANNUALIZED RATE OF INCREASE, POPULATION, HOUSING AND HOUSEHOLDS, HAWAII COUNTY, 1980 TO 2010 4.0% 3.5% 3.0% 2.S% 2.0% 1.5% 1.0% 0.5% 0.0% _...._ fi 1980 to 1990 1990 to 2000 2000 to 2010 - Population Now . Housing Stock - -- Households Table 2 -2: AVAILABLE HOUSING UNITS, 1990 -2010 NOTE: See SMS 2011 Table IA -4 for listings of vacancies and for intercensal data from the American Community Survey. BELT COLLINS HAWAII LLC Page 5 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii Hawaii County Available Units 1990 367,282 43,210 2000 426,276 55,745 2010 475,792 71,819 Unoccupied Available Units 1990 11,015 1,749 2000 23,036 2,760 2010 20,454 4,723 Unoccupied Units, % of Available Units 1990 3.0% 4.0% 2000 5.4% 5.0% 2010 4.3% 6.6% NOTE: See SMS 2011 Table IA -4 for listings of vacancies and for intercensal data from the American Community Survey. BELT COLLINS HAWAII LLC Page 5 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 In 2010, the decennial U.S. Census counted 185,079 persons in Hawaii County. Of these, 181,435 lived in households, and 3,644 in group quarters.' Compared to the State as a whole, Hawaii County had a somewhat older population, on average. Table 2 -3 shows the age distribution for the County and State populations. The cohorts aged 50 to 69 form a larger share of the County population than of the State as a whole. Hawaii County's people tend to be poorer than residents of the rest of the state. Table 2 -4 shows that this difference involves labor force participation, unemployment, and incomes. Table 2 -3: AGE DISTRIBUTION, 2010 SOURCE: 2010 Census. Posted at http://hawaii.gov/dbedt/info/census/Census-201 0/demographic. ' 2010 U.S. Census data are posted by the Census Bureau through American FactFinder. Currently, these data are on "American FactFinder2" (htt p / /factfinder2 census gov/ faces /nav /jsf /pages /index.xhtmi). That site will likely be renamed when the original version is retired. In addition, the Hawaii State Department of Business, Economic Development and Tourism (DBEDT) posts tables of Census data (at http: //hawaii.v,ov /dbedt /info /census /Census 2010/). Much of the information discussed here comes from the 2010 SF -1 Demographic Profile for Hawaii County prepared by the Census Bureau. BELT COLLINS HAWAII LLC Page 6 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii Hawaii County Total population 11360,301 185,079 Under 5 years 87,407 6.4% 11,845 6.4% 5 to 9 years 83,361 6.1% 11,478 6.2% 10 to 14 years 81,539 6.0% 11,521 6.2% 15 to 19 years 85,994 6.3% 12,089 6.5% 20 to 24 years 95,829 7.0% 10,833 5.9% 25 to 29 years 97,302 7.2% 11,290 6.1% 30 to 34 years 88,031 6.5% 10,935 5.9% 35 to 39 years 86,756 6.4% 10,485 5.7% 40 to 44 years 89,617 6.6% 10,897 5.9% 45 to 49 years 95,787 7.0% 12,657 6.8% 50 to 54 years 97,978 7.2% 14,866 8.0% 55 to 59 years 93,340 6.9% 15,807 8.5% 60 to 64 years 82,222 6.0% 13,542 7.3% 65 to 69 years 59,170 4.3% 9,178 5.0% 70 to 74 years 41,353 3.0% 5,830 3.2% 75 to 79 years 34,675 2.5% 4,571 2.5% 80 to 84 years 29,702 2.2% 3,652 2.0% 85 years and over 30,238 2.2% 3,603 1.9% Median age (years) 38.6 40.9 SOURCE: 2010 Census. Posted at http://hawaii.gov/dbedt/info/census/Census-201 0/demographic. ' 2010 U.S. Census data are posted by the Census Bureau through American FactFinder. Currently, these data are on "American FactFinder2" (htt p / /factfinder2 census gov/ faces /nav /jsf /pages /index.xhtmi). That site will likely be renamed when the original version is retired. In addition, the Hawaii State Department of Business, Economic Development and Tourism (DBEDT) posts tables of Census data (at http: //hawaii.v,ov /dbedt /info /census /Census 2010/). Much of the information discussed here comes from the 2010 SF -1 Demographic Profile for Hawaii County prepared by the Census Bureau. BELT COLLINS HAWAII LLC Page 6 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 2 -4: EMPLOYMENT AND POVERTY, 2006 -2010 SOURCE: American Community purvey tHk-�) ror 2-006 -20iv, III Pivii,cs t,., ,)LV.. at, http: / /hawaii.gov /dbedt/ info /census /acs /ACS20IO /ACS2010 5 Year /acs hi 2010 profiles 5 yr estimate. BELT COLLINS HAWAII LLC Page 7 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii County of Hawaii EMPLOYMENT Population 16 years and over 11068,287 143,857 In labor force 714,067 93,190 Civilian labor force 674,469 92,979 Employed 636,454 85,780 Unemployed 38,015 7,199 Armed Forces 39,598 211 Not in labor force 354,220 33.2% 50,667 35.2% Civilian labor force 674,469 92,979 Percent Unemployed 5.6% 7.7% HOUSEHOLD INCOME Households 442,267 64,382 Median household income (dollars) $66,420 $54,996 Sources of household income Earnings 364,878 50,028 Social Security Retirement 135,465 21,125 income Supplemental Social 96,566 13,171 Security Cash public 15,099 3,138 assistance 14,798 2,825 Supplemental Nutrition Assistance (Food 32,544 7,403 Stamps) SHARE OF POPULATION BELOW POVERTY LEVEL, PREVIOUS YEAR All people 9.6/0 14.4% Under 18 years 12.3% 19.1% Related children under 18 years 11.8% 18.5% Related children under 5 years 13.5% 22.3% Related children 5 to 17 years 11.1% 17.1% 18 years and over 8.8% 13.0% 18 to 64 years 9.1% 13.8% 65 years and over 7.5% 9.4% SOURCE: American Community purvey tHk-�) ror 2-006 -20iv, III Pivii,cs t,., ,)LV.. at, http: / /hawaii.gov /dbedt/ info /census /acs /ACS20IO /ACS2010 5 Year /acs hi 2010 profiles 5 yr estimate. BELT COLLINS HAWAII LLC Page 7 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 2.2 Housing Foreclosures The recession of 2008 was triggered by problems in housing markets that resulted in a spike in foreclosures throughout the United States. Lending practices in Hawaii have largely been conservative, so the incidence of foreclosures has been lower than the U.S. average, and far lower than in California or Nevada. With the foreclosure boom has come an increase in procedurally flawed foreclosures, jeopardizing homeowners. In 2011, the Hawaii legislature passed Act 48, aimed at protecting homeowners from rushed non judicial foreclosure actions. In response, the Federal Home Mortgage Fannie Mae directed all loan servicers to pursue only judicial foreclosures, avoiding procedures established under the new law. The matter is under discussion in the current legislative session. When credit was easily available in the form of sub -prime mortgages, home prices nationwide rose. During the recession, lenders' credit standards tightened greatly, making it hard for many to qualify for mortgages or refinancing. Both extremely loose and tight credit markets can lead to hardship for households wanting to buy homes, especially for first -time buyers. The failure of many lenders to establish procedures to deal with high default rates, to communicate with borrowers, and to work out new arrangements has created a climate of uncertainty of benefit to none of the parties involved. As of February 2012, some 413 properties in Hawaii County were listed by foreclosure.com.2 A smaller listing showed foreclosued homes at prices ranging from $70,000 to $700,000.3 These clustered in North Kona (18 cases), Puna (17) and South Kohala (13). These properties range from homes in residential neighborhoods to resort condos and luxury homes. Information is gathered on complaints about mortgage adjustment scams by HUD and associated groups. This information is forwarded to the Federal Trade Commission. The database does not demonstrate that Fair Housing violations have occurred, but it provides evidence that (a) Hawaii County families are more likely than others in the state to be the targets of predatory loan- related practices, and (b) the scams affect minority communities disproportionately. As of February 2012, the database listed 111 complaints from Hawaii, of which 44 (40 %) were from Hawaii County.4 The Hawaii County victims' race or ethnicity was identified as: • Hispanic: 6 co"laints (14°) • Asian: 10 amplaints (23°) 2 These sales include bank -owned properties, but may short sales by homeowners. In the current legal and economic situation, it is unclear whether many more properties are at risk of foreclosure. 3 Posted at http://www.adrhi.com/foreclosuresihawaii/ as of January 27, 2012. 4 Posted at hqp:/ /complaint preventloanscams .orv,/intake- search.asM, as of February 22, 2012. BELT COLLINS HAWAII LLC Page 8 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 • Native F-hv Wiaa cr c>tler I'a fic Islander: 15 ccaplaints (34°) • W ite. 12 ccnplairrts (279/6) • plvfer riot to say. 1 oonplairt (21/. 2.3 Economic and Technological Trends In recent decades, Hawaii County experienced the closing of sugar plantations and growth of a resort economy along the west coast. In addition to tourism, astronomy and diversified agriculture are major contributors to the island economy. Development of resorts, followed by construction of luxury home subdivisions, condominium and timeshare projects, has supported both a local construction workforce and interisland movement of construction workers and specialized trades. Recent events have changed the situation considerably. From 2008 to 2009. the construction job count dropped by about 30 percent in Hawaii County. Annual turnover among the unemployed has long been a feature of the East Hawaii economy (as shown by the ups and downs for Hilo unemployment claims in Figure 2 -2). The recession pushed unemployment claims from West Hawaii higher than from the other side of the island. Total employment has increased since the recession in the City and County of Honolulu, but not in Hawaii and other Neighbor Island counties.5 5 Paul Brewbaker, Assessing Aspects of Hawaii's Economy in 2011 for the 2012 Outlook. Presentation to Hawaii Senate Committee on Ways and Means and House Committee on Finance, January 2012. Accessed January 26, 2012 at http: / /www capitol hawaii Gov /session2Ol2 /testimon //Info Testimony FIN -WAM 01 -09- 12 Economists %20Brewbaker pdf BELT COLLINS HAWAII LLC Page 9 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 Figure 2 -2: TOTAL WEEKS UNEMPLOYMENT CLAIMED, HAWAII ISLAND UNEMPLOYMENT OFFICES 3,000 2,500 2,000 1,500 1,000 500 o ti ti R I o P P P P P P y�P ti� y�P tiP 4)P ti°' tiQ ti� ■ Hilo �Kona I SOURCE: DBEDTwebsite,httt)://hawaii.gov/dbedt/info/economic/data reports /unemylovment, as of January 2012. While the state outlook is for a slow increase in employment over the next few years, new jobs and a decline in unemployment may come much later to Hawaii County than to Honolulu. In this situation, many families may have difficulty paying for housing. Two major trends have affected Hawaii housing markets in recent years. These are likely to continue to affect the availability of housing and procedures to obtain homes for rent or sale. First, changes in lending practices have greatly limited capital for real estate investment. Tighter lending has greatly reduced the pace of new development, and hence limited growth of the housing stock. For individual borrowers, mortgage loans and refinances have become much harder to obtain. The share of homeowners falling behind on mortgages and association payments increased with the 2008 recession. The implications for foreclosures and Hawaii foreclosure law are beyond the scope of this report. One consequence should be noted: condominium associations are increasingly involved in foreclosures and in renting units in order to recoup lost payments and keep their projects maintained. Secondly, housing information is now Internet - based. For the rental market, this means that advertisements are found on Craigslist, not in local newspapers. Since these advertisements are free, individual landlords who may have earlier relied on word of mouth or personal contacts to find renters now use the same advertising medium as Realtors. Craigslist depends on its readers to police advertising, so listings are not vetted to make sure they conform to Fair Housing Law before they appear. BELT COLLINS HAWAII LLC Page 10 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Another consequence of Internet -based information is that applicant's credit history and criminal records can be checked quickly. It is now standard practice for real estate firms to demand that applicants pay up to $30 for these checks before an application is considered; often before the applicant can see the unit. As a consequence, applicants with poor credit or criminal histories may avoid these listings, and apply only to less demanding landlords. The likely result is that the firms with expertise in handling Fair Housing issues will see fewer low- income applicants, and deal with fewer cases involving complex Fair Housing concerns. With increased Internet access, borrowers have more information about available mortgages or other loans. Lenders from other states are actively competing for clients along with local financial institutions and brokers. As noted above, mortgage adjustment bureaus and other parties who offer to resolve credit or foreclosure problems can now operate in Hawaii using television advertising, websites, e -mail and telephone communication. 2.4 Incidence of Protected Classes: Persons While race, color, ethnicity and ancestry /national origin are important for fair housing choice, these are not easily counted in any definitive way. Race is a cultural characteristic — discrimination occurs when race is perceived, not when it is a biological fact. Over time, the U.S. Census Bureau has changed from assigning race to persons by rule, to allow respondents to identify their own race, to allowing them to identify themselves as in more than one race category. These procedures respond to complex, shifting views of race in the United States but do not show how perceptions of race affect social life. BELT COLLINS HAWAII LLC Page 11 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 2 -5: RACE AND LATINO /HISPANIC STATUS, 2010 SOURCE: 2010 Census. Posted at http://hawaii.gov /dbedt/info/ census /Census_2010 /demographic. The broad "race" categories used by the Federal government do not capture many of the distinctions recognized in Hawaii (e.g., among Native Hawaiians, Samoans, and Marshallese, Page 12 BELT COLLINS HAWAII LLC March 2012 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice State of Hawaii 1,360,301 100% Hawaii County 185,079 1005/0 Total population 1,039,672 76% 130,544 71% One Race 336,599 25% 62,348 34% White 21,424 2% 1,020 1% Black or African American 869 1% American Indian and Alaska Native 4,164 0% 525,078 39% 41,050 ° 22/ Asian 2,201 00/0 175 00/0 Asian Indian 54,955 /° 4% 1,661 1% Chinese 197,497 15% 15,834 9% Filipino 185,502 14% 18,086 10% Japanese 24,203 2% 1,005 1% Korean 9,779 1% 317 00/0 Vietnamese 50,941 4% 3,972 2% Other Asian Native Hawaiian and Other Pacific Islander 135,422 10% 22,389 12% Native Hawaiian 80,337 6% 15,812 9% Guamanian or Chamorro 2,700 0% 187 00/0 Samoan Other Pacific 18,287 1% 576 0% Islander Some Other Race 34,098 3% 5,814 3% Two or More Races 16,985 1% 2,868 2% 320,629 24% 54,535 30% Race alone or in combination with one or more other races: White 564,323 42% 101,344 55% Black or African American 2,975 2 ° 2% American Indian and Alaska Native 38,820 3% 33,470 3% 7,210 7 ,210 4% Asian Native Hawaiian and Other Pacific Islander 780,968 57% 82,944 45% Some Other Race 355,816 26% 62,487 34% 34,199 3% 5,450 3% Racial Identifications /Total Population 133% 142% HISPANIC OR LATINO Total population Hispanic or Latino (of any race) 1, 360, 301 100% 185,079 100°/ 120,842 9% 21,383 12% SOURCE: 2010 Census. Posted at http://hawaii.gov /dbedt/info/ census /Census_2010 /demographic. The broad "race" categories used by the Federal government do not capture many of the distinctions recognized in Hawaii (e.g., among Native Hawaiians, Samoans, and Marshallese, Page 12 BELT COLLINS HAWAII LLC March 2012 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice all included in the "Native Hawaiian and Other Pacific Islander" group by the Census). The table shows the Census data in two ways: (a) a detailed account of ancestry for persons who only claim one "race," and (b) an account of all "race" claims. Neither approach captures local understandings, since these "races" combine recognized ethnicities (such as the many varieties of "Asian" shown in the table, and many residents see themselves as descended from several ethnicities, not just one or two "races." The risk of housing discrimination increases when people lack the language skills needed to negotiate and to learn about their rights in the dominant language used for contracts and other legal matters. Data from the American Community Survey (ACS) indicate that about 7% of the Hawaii County population has difficulty with English (Table 2 -6). 6 Table 2 -6: LINGUISTIC ISOLATION, 2006 -2010 SOURCE: American Community Survey (ACS) for 2006 -2010, m profiles posted at http://hawaii.g-ov/dbedt/info/census/acs/ACS20IO/ACS2010 5 Year /acs hi 2010 profiles 5 yr estimate. The State and the U.S. Census no longer collect counts of religion. The Atlas of Hawai `i reported 51% of the population as "unaffiliated," and 35% as affiliated with Judeo - Christian faiths, 7% with Buddhism, and 7% with other religions. Major religious organizations include the Roman Catholic Church and the Church of Jesus Christ of the Latter -Day Saints. 6 Unlike the decennial census, the ACS is a sample survey. Within each census tract, different subareas are sampled every year in five (so the sample is drawn from all parts of each tract over a five -year period. Single -year results are published for counties and states; the five -year data is more reliable, as based on a larger sample, but not identified with a single point in time. R. Lamb, "Religion." Atlas of Hawai `i. edited by S. and J. Juvik. 3`d edition. Honolulu, HI, 1998. BELT COLLINS HAWAII LLC Page 13 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii County of Hawaii Population 5 years and over 1,247,010 168,941 English only 929,303 74.5% 136,693 80,9% Language other than English 317,707 25.5% 32,248 19.1% Speak English less than "very well" 144,943 11.6% 11,198 6.6% Spanish 25,285 2.0% 4,857 2.9% Speak English less than "very well' 6,930 0,6% 1,416 0.8% Other Indo- European languages 18,211 1.5% 2,952 1.7% Speak English less than "very well' 3,488 0.3% 385 0.2% Asian and Pacific Islander languages 272,452 21,8% 24,241 14.3% Speak English less than "very well' 134,214 10.8% 9,365 5.5% Other languages 1,759 0.1% 198 0.1% Speak English less than "very well' 311 0,0% 32 0.0% SOURCE: American Community Survey (ACS) for 2006 -2010, m profiles posted at http://hawaii.g-ov/dbedt/info/census/acs/ACS20IO/ACS2010 5 Year /acs hi 2010 profiles 5 yr estimate. The State and the U.S. Census no longer collect counts of religion. The Atlas of Hawai `i reported 51% of the population as "unaffiliated," and 35% as affiliated with Judeo - Christian faiths, 7% with Buddhism, and 7% with other religions. Major religious organizations include the Roman Catholic Church and the Church of Jesus Christ of the Latter -Day Saints. 6 Unlike the decennial census, the ACS is a sample survey. Within each census tract, different subareas are sampled every year in five (so the sample is drawn from all parts of each tract over a five -year period. Single -year results are published for counties and states; the five -year data is more reliable, as based on a larger sample, but not identified with a single point in time. R. Lamb, "Religion." Atlas of Hawai `i. edited by S. and J. Juvik. 3`d edition. Honolulu, HI, 1998. BELT COLLINS HAWAII LLC Page 13 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Reliable counts or estimates of the distribution of sexual orientation in Hawaii are not available. A survey designed by the Centers for Disease Control helps to identify the incidence of disabilities for which persons may need reasonable accommodations. It also included questions related to HIV risk, as shown in Table 2 -7 below. A significant number of persons in Hawaii County appear to have health limitations, but most of these do not need special equipment. Table 2 -7: SELECTED INDICATORS FROM THE BEHAVIORAL RISK FACTOR SURVEILLANCE SYSTEM, 2010 NOTES: Survey conducted with over 4,000 adults -- over 1,vvv in nawai , % -Oulny -- vy F-m _ ' (1) Question: Are you limited in any way because of health problems? (2) Question: Do you have any health problem that requires you to use special equipment? (3) The survey asks whether any of several "high HIV risk situations" apply. SOURCE: Hawaii State Department of Health, Behavior Risk Factor Surveillance System results for 2010, posted at hqp://hawaii.gov/health/statistics/hhs/brfss/index.htm] Based in part on ACS data, SMS reports that Hawaii County had in 2009 some 22,000 residents with disabilities. Of these many are employed, but the share of the disabled with employment is lower in Hawaii County than in the other counties. However, the share below the poverty level is higher than in the other counties (SMS 2011, Table 25). Table 2 -7 suggests that the incidence of HIV is slightly lower in Hawaii County than in other parts of the state. This finding is in line with reports of AIDS cases by county, which show a lower reported incidence in Hawaii County than elsewhere. BELT COLLINS HAWAII LLC Page 14 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Share of respondents who -- Report Health Must Rely on Special Report High Limitation (1) Equipment (2) HIV Risk (3) State of Hawaii 16.2% 6.0% 3.7% Hawaii County 20.7% 6.9% 3.4% Honolulu County 15.3% 6.0% 3.8% Kauai County 18.5% 5.4% 3.7% Maui County 15.2% 5.9% 3.9% NOTES: Survey conducted with over 4,000 adults -- over 1,vvv in nawai , % -Oulny -- vy F-m _ ' (1) Question: Are you limited in any way because of health problems? (2) Question: Do you have any health problem that requires you to use special equipment? (3) The survey asks whether any of several "high HIV risk situations" apply. SOURCE: Hawaii State Department of Health, Behavior Risk Factor Surveillance System results for 2010, posted at hqp://hawaii.gov/health/statistics/hhs/brfss/index.htm] Based in part on ACS data, SMS reports that Hawaii County had in 2009 some 22,000 residents with disabilities. Of these many are employed, but the share of the disabled with employment is lower in Hawaii County than in the other counties. However, the share below the poverty level is higher than in the other counties (SMS 2011, Table 25). Table 2 -7 suggests that the incidence of HIV is slightly lower in Hawaii County than in other parts of the state. This finding is in line with reports of AIDS cases by county, which show a lower reported incidence in Hawaii County than elsewhere. BELT COLLINS HAWAII LLC Page 14 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 2 -8: REPORTED AIDS CASES, 2006 -2010 SOURCE: Hawai` i State Department of Health. HIV /AIDS Surveillance Annual Report. Posted at http• / /hawaii.p,ov/health /healthy- lifestyles/ std - aids /data- statistics /2010.pdf. Honolulu, 2011. 2.5 Incidence of Protected Classes: Households Statistics about persons fail to indicate how often families or households are vulnerable to discrimination. Data from the Census provide additional indications of the diversity of households in Hawaii County. Table 2 -9 shows householders' racial identification; Table 2 -10 deals with household composition. BELT COLLINS HAWAII LLC Page 15 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Rate of Reported AIDS, 2006 through 2010 per 100,000 persons State of Hawaii 7.2 Hawaii County 5.0 Honolulu County 7.8 Kauai County 7.2 Maui County 6.5 SOURCE: Hawai` i State Department of Health. HIV /AIDS Surveillance Annual Report. Posted at http• / /hawaii.p,ov/health /healthy- lifestyles/ std - aids /data- statistics /2010.pdf. Honolulu, 2011. 2.5 Incidence of Protected Classes: Households Statistics about persons fail to indicate how often families or households are vulnerable to discrimination. Data from the Census provide additional indications of the diversity of households in Hawaii County. Table 2 -9 shows householders' racial identification; Table 2 -10 deals with household composition. BELT COLLINS HAWAII LLC Page 15 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 2 -9: HOUSEHOLDS BY RACE OF HOUSEHOLDER, 2010 SOURCE: U.S. Census, 2010 Census posted at www.census.gov. As of 2010, Hawaii County's population was 50.2% male and 49.8% female. Families with a single female head accounted for 12% of households, while ones with a single male head accounted for 6 %. BELT COLLINS HAWAII LLC Page 16 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii Hawaii County Households 455,338 67,096 Owneroccupied: 262,682 57.7% 44,271 66.0% By race of Householder White alone Black 79,139 20,453 alone 1,945 182 American Indian and Alaska Native alone 570 174 Asian alone 125,599 12,099 Native Hawaiian and Other Pacific Islanderalone 15,169 3,289 Some Other Race alone 1,603 366 Two or More Races 38,657 7,708 Renter occupied: 192,656 42.3% 22,825 34.0% By race of Householder White alone Black 71,573 9,501 alone 6,187 208 American Indian and Alaska Native alone 1,050 183 Asian alone 56,480 3,798 Native Hawaiian and Other Pacific Islanderalone 18,352 2,825 Some Other Race alone 3,839 516 Two or More Races 35,175 5,794 Share of Owning or Renting Households, Own Rent Own Rent By race of Householder White alone Black alone American Indian 30.1% 37.2% 46.2% 41.6% and Alaska Native alone Asian alone 0.7% 3.2% 0.45/6 0.9% Native Hawaiian and Other Pacific Islander alone 0.2% 0.5% 0.4516 0.8% Some Other Race alone 47.8% 29.3% 27.3% 16.696' Two or More Races 5.85to 9.5% 7.45/o 12.4% 0.6% 2.0% 0.8% 2.3% 14.7% 18.3% 17.4% 25.49,66 SOURCE: U.S. Census, 2010 Census posted at www.census.gov. As of 2010, Hawaii County's population was 50.2% male and 49.8% female. Families with a single female head accounted for 12% of households, while ones with a single male head accounted for 6 %. BELT COLLINS HAWAII LLC Page 16 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 2 -10: HOUSEHOLD COMPOSITION, 2010 SOURCE: U.S. Census, 2010 Census posted at www.census.gov. The five -year ACS summary for 2005 to 2009 presented data for households on language use (similar to the count of persons in Table 2 -6), showing about 1,850 households in Hawaii County as linguistically isolated. BELT COLLINS HAWAII LLC Page 17 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii Hawaii County Total households 455,338 100.0% 67,096 100.0% Family households (families) 313,907 68.9% 44,407 66.2% With own children under 18years 126,155 27.7% 17,296 25.8% Husband -wife family 230,076 50.5% 31,834 47.4% With own children under 18 years 91,610 20.1% 11,141 16.6% Male householder, no wife present 26,590 5.8% 4,315 6.4% With own children under 18 years 10,737 2.4% 2,101 3.1% Female householder, no husband present 57,241 12.6% 8,258 12.3% With own children under 18 years 23,808 5.2% 4,054 6.0% Nonfamily households 141,431 31.1% 22,689 33.8% Householder living alone 106,175 23.3% 16,843 25.1% Male 51,465 11.3% 8,593 12.8% 65 years and over 12,371 2.7% 2,197 3.3% Female 54,710 12.0% 8,250 12.3% 65 years and over 24,603 5.4% 3,690 5.5% Households with individuals under 18 years 156,045 34.3% 21,340 31.8% Households with persons 65 years and over 137,815 30.3% 19,541 29.1% Average household size 2.89 2.70 Average family size 3.42 3.22 SOURCE: U.S. Census, 2010 Census posted at www.census.gov. The five -year ACS summary for 2005 to 2009 presented data for households on language use (similar to the count of persons in Table 2 -6), showing about 1,850 households in Hawaii County as linguistically isolated. BELT COLLINS HAWAII LLC Page 17 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 3 HOUSING TRENDS 3.1 Housing Availability At first glance, Hawaii Island appears to have a surplus of housing, with 18% of the housing stock vacant. The vacancy rate is largely due to the presence of vacation units (including both vacation rentals and second homes). Table 3 -2 shows the count of "available units" for the resident population over time. The count excludes units held for seasonal or vacation use, for migrant workers, and for other reasons, but still includes vacant units held for sale or rent. (This approach still overestimates available supply, since it does not separate out units held vacant for short-term use, not long -term rentals.) Table 3 -1: HOUSING OCCUPANCY AND TENURE, 2010 SOURCE: US Census, 2010 Census posted at www.census.eov. BELT COLLINS HAWAII LLC Page 18 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii Hawaii County HOUSING OCCUPANCY Total housing units 519,508 100.0% 82,324 100.0% Occupied housing units 455,338 87.6% 67,096 81.5% Vacant housing units 64,170 12.4% 15,228 18.5% For rent 16,441 3.2% 2,995 3.6% Rented, not occupied 954 0.2% 101 0.1% For sale only 4,277 0.8% 1,338 1.6% Sold, not occupied 1,151 0.2% 289 0.4% For seasonal, recreational, or occasional 30,079 5.8% 7,135 8.7% use All other vacant 11,268 2.2% 3,370 4.1% Homeowner vacancy rate (percent) 1.6% 2.9% Rental vacancy rate (percent) 7.8% 11.6% HOUSING TENURE Occupied housing units Owner- occupied 455,338 67,096 housing units 262,682 57.7% 44,271 66.0% Population in owner- occupied units 793,160 119,236 Average household size of owner- occupied units 3.02 2.69 Renter - occupied housing units Population in 192,656 42.3% 22,825 34.0% renter - occupied units Average household 524,261 62,199 size of renter - occupied units 2.72 2.73 SOURCE: US Census, 2010 Census posted at www.census.eov. BELT COLLINS HAWAII LLC Page 18 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 3 -2: AVAILABLE HOUSING UNITS, 1990 TO 2010 Currently, the share of available units that are unoccupied is larger in Hawaii County than in the state as a whole, and larger than in past decades. Additions to the housing stock on Hawaii Island averaged 1,965 units per year from 2000 to 2010; Table 3 -2 shows that the average increase in available units was 1,607 units per year. 3.2 Cost of Housing for Sale or Rent Average housing prices in Hawaii County are low, both for sale or rent, compared to statewide averages. Prices increased over recent decades, but have moved downwards since 2008. Figure 3 -1 shows annual median sales prices and volumes over fourteen years. BELT COLLINS HAWAII LLC Page 19 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawai'i Hawaii County Available Units 1990 367,282 43,210 2000 426,276 55,745 2010 475,792 71,819 Unoccupied Available Units 1990 11,015 1,749 2000 23,036 2,760 2010 20,454 4,723 Unoccupied Units, % of Available Units 1990 3.0% 4.0% 2000 5.4% 5.0% 2010 4.3% 6.6% Currently, the share of available units that are unoccupied is larger in Hawaii County than in the state as a whole, and larger than in past decades. Additions to the housing stock on Hawaii Island averaged 1,965 units per year from 2000 to 2010; Table 3 -2 shows that the average increase in available units was 1,607 units per year. 3.2 Cost of Housing for Sale or Rent Average housing prices in Hawaii County are low, both for sale or rent, compared to statewide averages. Prices increased over recent decades, but have moved downwards since 2008. Figure 3 -1 shows annual median sales prices and volumes over fourteen years. BELT COLLINS HAWAII LLC Page 19 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Figure 3 -1: MULTIPLE LISTINGS SERVICE ANNUAL SALES VOLUME AND MEDIAN PRICES, HAWAII COUNTY, 1997 -2010 4,000 $450,000 3,500 $400,000 ■ $350,000 3,000 $300,000 2,500 $250,000 2,000 • $200,000 1,500 _._.._. _... . _.._._� •.•' $150,000 1,000 $100,000 500 _ $50,000 F 0 , _ -.. � $0 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 SF Sales Condo Sales - Median SF Price •••••• Median Condo Price NOTE: Multiple Listings Service (MLa) sales mcivae ine vuix ui �aiG� �y ,�A, ���a« Y =� =���_�__�_�, ��� ___� ��� -• sales may omit sales by owners. SOURCE: State of Hawaii Data Book 2010, Tables 21 -34 and 21 -35. Trends in rental volume and prices are not so clearcut. There is no standard inventory of transactions. Fair Market Rents are established by survey conducted for HUD. ACS data provide additional survey -based estimates. Hawaii Information Service compiled average asking prices from samples of advertisements. In earlier years, these were from classified newspaper advertisements; currently, most rental ads are on Craigslist. Advertised rents have declined since 2008. It may be that the transition to Internet advertising has affected the range of units advertised, and, as a result, average prices. Alternatively, it may be that the advertised rents BELT COLLINS HAWAII LLC Page 20 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 reflect market changes that affect new contracts first, and affect existing rentals to a lesser extent and later in time.8 Figure 3 -2 shows Hawaii County annual rental prices. Figure 3 -2: MEDIAN CONTRACT AND FAIR MARKET RENTS, AND AVERAGE ASKING RENT, 2004 -2011 $1,600 $1,400 $1,200 $1,000 $800 $600 $400 $200 2004 2005 2006 2007 2008 2009 2010 2011 Fair Market Rents Contract Rent Advertised Asking Rents SOURCE: SMS Research & Marketing Services, Inc. Hawai `i Housing Planning Study, 2011: Rental Housing Report, Table A -7. Surveys by the U.S. Census establish the number of housing units being held for occupancy by renters or owners. Table 3 -1 showed the most current information on available units. The cost of renting or owning a home relative to income is no longer an issue for the decennial census. Instead, the ACS includes questions about income and housing costs. Table 3 -3 shows recent costs and the share of households with high housing costs relative to their income. While costs are lower in Hawaii County than in Honolulu and Maui, the share of households paying high housing costs is much the same in Hawaii County as statewide. (See Table 3 -4.) The ACS results indicate that about 31 percent of Hawaii County households pay high housing costs. Responses to the Housing Policy Study survey indicate that the share of households with high shelter -to- income ratios has been increasing since 1992 (SMS 2011, Table A -9). High housing cost burdens are more common among renters than among owners, and among households who have spent a year or less in their current unit (SMS 2011, Table A -10). 8 The SMS study shows similar patters from all four counties. However, only in Hawaii County has the decline in rental prices continued through 2011 BELT COLLINS HAWAII LLC Page 21 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 When housing costs are high relative to income, families not only have less disposable income for other expenses, but also may be unable to qualify for loans or refinancing, since mortgage requirements are stricter than they were a few years ago. The housing cost burden indicates a major hurdle in both achieving and maintaining home - ownership. Table 3 -4: DISTRIBUTION OF HOUSEHOLDS BY INCOME AND HOUSING BURDEN, 2006 -2010 NOTE: Share of renting households computed for those households for which rental information was available. SOURCE: U.S. Census Bureau, American Community Survey, 5 -Year Estimates, 2006 -2010. Downloaded from DBEDT site (hqp://hawaii.p-ov/dbedt/info/census/acs/ACS20IO/ACS2010 5 Year /acs hi 2010 profiles 5 yr estimate). BELT COLLINS HAWAII LLC Page 22 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 State of Hawaii County of Hawaii Occupied housing units 442,267 64,382 Owner- occupied 262,419 42,591 Average household size 3.07 2.73 Renter - occupied 179,848 21,791 Average household size 2.71 2.74 MORTGAGE STATUS Owner- occupied units 262,419 42,591 Housing units with a mortgage 180,639 26,773 Housing units without a mortgage 81,780 15,818 SELECTED MONTHLY OWNER COSTS Housing units with a mortgage Median (dollars) $2,225 $1,691 Housing units without a mortgage Median (dollars) $2,225 $322 Renter - occupied units Median Gross Rent $1,260 $1,009 HOUSING COST BURDEN Households paying 35% or more of income for housing (% of reporting households) Housing units with a mortgage 68,598 38.1% 10,616 39.9% Housing units without a mortgage 7,205 8.9% 1,297 8.3% Renters 73,616 45.3% 8,045 42.7% NOTE: Share of renting households computed for those households for which rental information was available. SOURCE: U.S. Census Bureau, American Community Survey, 5 -Year Estimates, 2006 -2010. Downloaded from DBEDT site (hqp://hawaii.p-ov/dbedt/info/census/acs/ACS20IO/ACS2010 5 Year /acs hi 2010 profiles 5 yr estimate). BELT COLLINS HAWAII LLC Page 22 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 Would -be buyers and renters vary significantly in their ability to pay for new units. The median "affordable" price for renters in Hawaii County is less than $1,100; for buyers it is about $1,700.9 (See Figure 3 -3.) Based on the 2011 SMS survey, the median rental price for a multi- family unit in Hawaii County ($861 per month) is affordable for about 61% of households planning to rent. For single family units, the median monthly rent is $1,218, and less than 30% of those who plan to rent can afford that amount for housing. For would -be buyers, nearly 90% can afford the median monthly mortgage payments for condos, and 71 percent can afford the median monthly payment for single family units, assuming a 20% down payment. However, about a third of this sub - sample have an adequate down payment in hand for a condominium, and only 14% of the group can cover the down payment for the median -price single family home. 10 The median sales price for the two years combined was $249,000. Monthly payments for a $250,000 sale could amount to about $1,275 (assuming a five percent down payment and a mortgage rate of five percent for 30 years). Again, the data suggest that many units are available at rates that residents can afford, so long as their credit and savings meet lenders' criteria. A study conducted by SMS Research for the Land Use Research Foundation in 2005 provided a measure of comparative housing availability, at least for for -sale units.11 Information on housing sales in each county over a period of 20 years was analyzed in relation to the County -level "affordable" housing price for each sale year. 12 Data from Oahu and Hawaii showed fairly flat trends: for example, homes that were originally affordable to Big Island families earning from 100% to 120% of the median income were resold at about 120% of the current affordable price in later years. Similar data from Maui and Kauai showed a very different pattern, with homes increasing in value — i.e., decreasing in affordability — over time. The large subdivisions in Puna and Ka`u with little or no infrastructure have provided land at relatively low cost for those who want to buy or build homes on a limited budget. Also, the pace of housing production has probably limited price increases. 9 In this survey, respondents' statements about the amount they can pay define "affordability." t0 The financial qualification analysis deals with "effective demand buyers," a subset of those who plan to move who are likely to rent or buy in the next few years. See Tables 10 a through l Od of the SMS report. 11 SMS Research & Marketing Services, Inc. Affordable Housing Policy and Hawaii's For -Sale Housing Markets. Posted at http://www.lurf.orp-/docs/SMS2.pd f. 12 In the 2005 study, "affordability" is the ability to pay monthly mortgage and utility costs at prevailing rates with no more than 30% of gross household income. BELT COLLINS HAWAII LLC Page 23 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Figure 3 -3: MONTHLY PAYMENT AFFORDABLE FOR HOUSEHOLDS PLANNING TO RENT OR BUY HOUSING, 2011 10,000 9,000 ■ More than $3,000 8,000 $2,000 to $3000 7,000 $1,700 to $1,999 6,000 13 $1,400 to $1,699 5,000 ■ $1,100 to $1,399 4,000 $800 to $1,099 3,000 $500 to $799 2,000 11 $200 to $499 1,000 Less than $200 Plan to Rent Plan to Buy SOURCE: SMS Research & Marketing Services, Inc. Hawaii Housing Planning Study, 2011, Tables A -15a and b. Figure 3 -4: VOLUME OF HOUSING SALES, BY PRICE RANGE, HAWAII COUNTY, 2010 AND 2011 3,500 3,000 2,500 2,000 1,500 1,000 500 0 Over $1,000,000 ❑ $1,000,000 $900,000 $800,000 $700,000 0$600,000 ■ $500,000 11 $400,000 ■ $300,000 $200,000 ■ $100,000 2010 2011 NOTES: Sales of parcels with one or more dwelling (excluding partial and multi - parcel transactions, and sales less than $20,000.). Price categories are for incremental sales less than the amount shown yet (e.g., sales less than $200,000 but more than $100,000, and so forth). Sales are for 2,809 properties in 2010 (of which 777 are condos) and 2,282 in 2011 (of which 751 are condos). The volume of sales is larger than the number of properties because of multiple transactions for the same property. Downloaded from Hawaii Information Service, January 18. 2012. BELT COLLINS HAWAII LLC Page 24 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 3.3 Housing Demand OHCD and the other housing agencies of Hawaii have supported a modeling process (conducted by SMS and Hawaii Information Service) that identifies both resident demand for housing in the coming years ( "effective demand ") and the need for new units given resident demand and the existing housing supply. The 2011 housing demand survey indicated that 42 percent of Hawaii County households were interested in moving to a new home at some time, and 26 percent — an estimated 17,412 households — had formed plans to move within the state. Inter - county movement can affect demand. Based on respondents' preferred location of their next housing unit, a total of 17,821 households might expect to seek homes in Hawaii County.'3 Over the years in which the Housing Policy Study has been conducted, effective demand has fallen in all counties. Factors contributing to the trend may include demographics and housing prices. As the population has aged, more and more households reached what they saw as their lasting home. As housing prices have increased, and as the economy has posed increasing challenges for many in Hawaii, many see few acceptable alternatives. Of the Hawaii respondents who expect to move out of state, the share who name housing costs as their reason has increased from 12 percent in 1997 to 30 percent in 2011.14 Many of those who expect to move will find new homes in the existing housing stock. Nonetheless, the number of households is likely to increase due to demographics — long term population growth and a trend towards smaller household sizes. The resident population of the County is expected to grow at an annual rate of about 1.7 percent, an increase of about 20,000 residents every five years. 15 As the population ages, demand for housing suited to households with senior members — whether housing for multigenerational families, senior housing, or assisted living facilities — becomes more important. The most recent Housing Policy Study estimates need for 3,454 additional units for resident households in Hawaii County from 2012 through 2016 — about 700 per year. Table 3 -5 shows the estimated need by HUD income classification. The total figure is well below the increase in housing stock in the last decade, which averaged over 1,600 units per year. However, developers and public agencies are not likely to supply new housing for all income levels, much less to offer units for sale for all income levels. t3 When responses from the survey are weighted to model the statewide population, a total of 15,611 households are identified with expressed preferences for locations in Hawaii County. Only 87.6% of respondents named a particular location; the above count allocates the "no preference stated" group in proportion to the share of the total choosing a location within Hawaii County. 14 This paragraph combines analytic points from the 2003 and 2011 SMS Housing Policy Study reports. 15 DBEDT (2009), 2035 Population and Economic Projections, Table A -3. BELT COLLINS HAWAII LLC Page 25 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 3 -5: NEEDED HOUSING BY HUD INCOME CLASSIFICATION, 2012 TO 2016 Households by Income Level Owner- Occupied SF MF Rented SF MF Total Less than 309/o of AMI 225 18 231 539 1,013 30% to 50% 172 12 145 164 493 50% to 80% 277 9 32 259 577 80% to 120% 179 45 12 103 339 120% to 140% 192 9 24 12 237 140% to 180% 236 - 29 51 316 180% or more 387 - 52 100 539 1,668 93 525 1,228 Total 3,514 SOURCE: SMS 2011: Table 11. BELT COLLINS HAWAII LLC Page 26 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 4 COMPLAINTS AND TESTING Victims of discrimination can register their grievance and seek redress; government agencies and legal assistance providers have procedures to register, assess, and respond to complaints. OHCD publicizes fair housing rules and procedures for making complaints at its office and on its wcbsite. The Hawaii Civil Rights Commission works in co- operation with HUD and other agencies to address discrimination. It provides annual data on the incidence of complaints (a) by county and (b) by type (e.g., housing) and basis (e.g., race, familial status, disability). Housing complaints constitute five to ten percent of complaints annually — employment- related issues account for the majority of complaints. Complaints from Hawaii County normally account for 10 to 15 percent of all complaints. (See Table 4 -1.) Hawaii County cases accounted for 12% of housing complaints from 2006 through 2009.16 Some trends are clear in the data: Far more people experience incidents of discrimination than register formal complaints about them. (In the most recent SMS statewide survey, 18 percent of respondents said they had experienced housing discrimination.) The Legal Aid Society of Hawaii (LASH) receives complaints and provides advice on housing discrimination services. In the period 2009 to November 2011, the following bases for complaints were identified in about 50 cases from Hawaii County: p. . • I = maVA T-97 0.o_=. re; 10iA hill • Race: 7 (12°x; • Sex 6 (11°x; and • FmiHd status: 2 (4° 0).17 i6 SMS 2010, Table 3. 17 Personal communication Leba T. Kaufmann, Fair Housing Staff Attorney, LASH, November 30, 2011. BELT COLLINS HAWAII LLC Page 27 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 a'i ei 0 N N O O N } LL. Gn H Z a O u Z O CN L O V N F- x C7 J_ U Q a x U F- N W Q a x V a W U W J W N Q) co F b O i1. O G U CL U x W O OD N N r+ � O w N CL u (0 V J J Q to Z J J O J w m Wi v O s U WD C .N 3 O x L LL O N C �c G N CL E 4- O .H N C a O N f6 O O U N Ol 00 h N L(1 L m O Ln Ol h r-I Lr) h l00 } 0 k. O .--I O cD et ri d M 00 M O -1 N 14 7• LL ri 1.0 Ol L(i N M Ol M a) 00 h 554 N Y LL 00 .-1 h Lt) -i .-11 rn Ob m g h N O LL LL lfl 00 rl h e-i N ei M a-i to M 00 o m o LL LL M e-1 .--i ul to M J� M tw o LI) raj N O U. LL Ln C) N -A -4 Lr) O N Ol h CI' Ol Ln 8 �p Ln N O LL N Q) O w e-f ul O -4 Lf) N Ln -4 .-I to Ln 1.0 N O LL N M rl N ri M N fi1 N t'oD V N O LL, N d' h -4 Lo N O"T h N It N N e H 00 a) M 8 fY1 h N N Y LL h N M L ('1 N I h M o to � N } LL v � 'on z t O .a c o O _ `" tB u 3 O Z ca +� c v CL Q (O O N 6 O '� O E 3 u .. v o u :' cu .nn .� C NO M O O `n t6 cc� m N N 4! 4J !6 'N m Q Q U � LL G LL' (n Ln Y N = m O 12 b O i1. O G U CL U x W O OD N N r+ � O w N CL u (0 V J J Q to Z J J O J w m Wi v O s U WD C .N 3 O x L LL O N C �c G N CL E 4- O .H N C a O N f6 O O U LASH also conducts fair housing testing for discriminatory practices. Such testing typically involves having two applicants inquire about housing. However, many Hawai' i real estate firms typically demand that applicants fill out detailed information and pay for credit checks before they can see housing units. This practice makes shopping by multiple applicants costly. LASH has also been monitoring advertisements. In the past year, LASH documented 109 advertisements that stated illegal preferences: • 92 stated a preference against families with children; • 13 stated a preference against persons with disabilities; and • 2 stated a preference based on sex. BELT COLLINS HAWAII LLC Page 29 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 5 COUNTY POLICY ISSUES Hawaii County addresses fair housing choice in part through education and training. It helps those who believe they are victims of housing discrimination to challenge unfair situations. An expansive view of fair housing choice would involve supporting a wide range of policies or programs to oppose housing discrimination and forces that encourage it. On this view, fair housing choice is made possible by: • A housing supply adequate to provide for the population and to limit market effects that could have discriminatory consequences; • Maintenance of units so that the supply will continue and residents can expect that units will be available and habitable over time; • Equal access to units for sale or rent; • Recognition that protected classes are assured equal access to units, on the part of all involved in renting and selling housing; and • Means to challenge and remove impediments to equal access. In this chapter, Hawaii County policies and responses to impediments are recognized. 5.1 Hawaii County Policies and Programs Hawaii County directly affects the provision of housing in several ways, above all: • I • •••— : :I • I ••' :I• •� IA A w .I .•� • I • " .I ,• I • I •I .• •••w r ••I O's • 1 •I 36' Y be BELT COLLINS HAWAII LLC Page 30 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 • Impact fees may be levied on new construction to offset the cost to the county of providing infrastructure. Such fees are imposed on a "fair share" basis by the county, but an impact fee schedule has been debated for several years. Real property taxes are levied on property throughout the County, based on assessed value. Rates for owner - occupants are lower than for other residential property. (As of 2012, the difference between owner - occupant rates and rates for other types of property was smaller in Hawaii County than in Maui County. In the City and County of Honolulu, the distinction between owner - occupant and other residential uses is no longer emphasized, but the difference between residential rates and commercial, industrial and resort rates is greater than in Hawaii County.) • The Office of Housing and Community Development is responsible for additional programs: o The "Section 8" voucher program that assures and supports rent payments for eligible low- income families in approved housing units; • Programs to encourage home ownership among low- income families, including low- interest loans towards down payments and closing costs for first -time homebuyers; • Loans for home repairs for low - income owner - occupants; • Oversight of housing owned by the County (Kulaimano Elderly Housing Project); • Investment of moneys collected through the affordable housing program 18 in new housing construction; and • Housing development and/or investment in entities developing housing. The County has sponsored and participated in the project to develop workforce housing at Kamakoa, in Waikoloa, and is developing transitional housing at Kaloko, in North Kona. • The County Council can exempt workforce housing projects from a wide range of fees and requirements under HRS 201 H, thereby reducing the cost to build new homes for low- and moderate - income families. Changes in any of the above policies and programs could have complex effects on the availability and cost of housing. As noted earlier, Hawaii County, unlike other counties in Hawaii, has large agricultural subdivisions with limited infrastructure. Land where homes can be built is far more available than elsewhere in Hawaii — but often far from work and school sites. Commuting between rural residential areas and job centers can strain or exceed the capacity of the connecting roadways. In response to this problem, the affordable housing requirement states that affordable housing will be built within fifteen miles of a project. 18 Until 2011, developers could pay "in lieu" fees instead of building new housing or conveying improved land for affordable housing. BELT COLLINS HAWAII LLC Page 31 County of Hawai'i 2011 Analysis of Impedimentsto Fair Housing Choice March 2012 Policy initiatives recently discussed in Hawaii County include: • Revisions to the building code: An update to the building code to conform to the International Building Code has been considered and approved by Council. It has been challenged as increasing construction costs and as ruling out the use of "alternative" materials (e.g., bamboo). Development and imposition of impact fee schedules: Impact fees on new development have been considered by the Hawai `i County Council and the State Department of Education. The County fees most recently proposed ranged from about $5,000 to $7,000 for single family homes, depending on their size. The Council filed, i.e., did not pass, the proposal in 2011.19 County authorities also opposed the Department of Education fees proposed for West Hawaii as an undue imposition on homeowners in a time of economic hardship. Reliance on shared equity arrangements or a community land trust to help keep housing for sale at "affordable" prices over many years: A community land trust was initially proposed for the Kamakoa Nui workforce housing project. The County has since assumed ownership of the project, and will have resale and shared equity restrictions. Implementation of any of these initiatives could affect the cost, and hence the availability, of new housing. 5.2 Ongoing Actions to Address Impediments The 2007 Analysis of Impediments focused on three impediments and included action plans to address these, as shown in Table 5 -1. These action plans were reformulated as a series of performance measures, shown in Table 5 -2. The tables show that OHCD has considered the findings of the 2007 Analysis of Impediments and has incorporated them in a detailed and specific work plan. That plan has been implemented in more sophisticated ways than originally proposed (e.g., use of a video available as a DVD or for download from the County website). 19 J. Armstrong, "Impact Fees Fail to Pass." Hilo Tribune - Herald, September 22, 2011; Council vote is in h : / /records.co. hawaii .hi.us /Weblink8 /0 /doc /759680/Pa el.as x BELT COLLINS HAWAII LLC Page 32 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table S -1: IMPEDIMENTS AND RESPONSES, PER 2007 ANALYSIS OF IMPEDIMENTS 1 Applicants are unaware of rights and resources Action plan: a. Develop information packets in languages otherthan English Measure: goal is to develop one new packet per year. b. Continue training for landlords, especially smaller ones Measure: develop and implement plan by 2009 to reach smaller landlords c. Increase public awareness of consequences of failure to comply with fair housing laws Measure: Issue five press releases by 2005 about the consequences of infraction of fair housing laws d. incorporate fair housing informaiton in school curricula Measure: Working with HCDCH, approach DOE with a proposal for collaboration by 2009 e. Promote fair housing awareness among recent immigrants Measure: develop proposal fortraining session by end of 2009, and approach officials at Immigration and Naturalization Service f. Increase advocacy groups' awareness of fair housing Measure: conduct five presentations before the end of 2009; advocacy groups' directors report increased awareness of fair housiing laws. 2 Fair housing policies lack standardization Action plan: Fair housing office will begin to identify policies and procedures that are contradictory or lack standardization. Measure: By 2009, County will identify approaches to identify policies and procedures for which additional efforts are needed, and will investigate the cost of addressing these problems. 3 Limited supply of affordable housing units Action plan: Fair Housing Office can advocate for more affordable rental units, especially for mentally and physically disabled, families with children, and ones with dogs to assist them in day to day living. Measure: Increased appreciation by County officials of need SOURCE: SMS 2008. BELT COLLINS HAWAII LLC Page 33 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 ui � 4 ui 2 u 2 « � � 0 w m Q 2 k 0 x cic R (�i LA ■ � � 6 U 0 Q U « a 0 C/) 7 \ £ 0 2 f U � k \ 3 Z � O U � m 0 0 3 \ / 2 � 0 0) E CL E 0 9 J / IN k _ \ \ 0 u c c � OD 2 & 0 % \ D \ v 2 -0 @ / 5 « S \ LU ° g± e m» m m m« / / .2 \ Cl _ _e \ 2 c = c c CL ;0 > 3 — 3 3 \ \ / / E m E e E 0\ 0\\ k m 0 3\ 5 0 0 0 0 / ® r-4 q $ ^ o % ) \ x S \ 2 4- ® \ % \ z � ( 6 r14 L m w 3 L w : 2 im x to o = ® \ ® � o $ M e / CL % - $ e $ I C4 0 k k k tto / E $ / 0 ° \ 7 / / k 0 / § k : k 2 0 c � � u _ CU u 0 R c 7a %§ m / 0: 0/ f q E § 0 % ° & / 0 / 3/ a v) 0$ ./ Z % c _ mJ § 2/ 5 5 3 2 k§ 0 a \ g \ 0 m CL cu f / / } / > £ v 0 3 a \ : * ƒ ® t 3 = 3 ° ) \ \ ° ƒ % f V, ' £ U- $ q t« u / 0 '� » u± /\ = 5 0 2 E _ _ •- c ± ■ > 2 2 f. e= \ ƒ$ c \ ƒ $ \ / \ 0 C / 3 \ \ x _ r-4 m # 3 » _ @ LL 6 U 0 Q U « a 0 C/) 7 \ £ 0 2 f U � k \ 3 Z � O U � m 0 0 3 \ / 2 � 0 0) E CL E 0 9 J / IN k _ \ \ 0 u 6 INTERVIEWS AND SURVEYS Earlier Analysis of Impediments reports included results of surveys of the general public and summaries of housing experts' views. The surveys concerned respondents' experience of discrimination and awareness of fair housing issues.20 Respondents showed considerable uncertainty in the population concerning the specifics of the laws. Discussions with Realtors and property managers, who address fair housing issues often, reinforce the point. These experts are occasionally uncertain about the law. They find that housing applicants, owners of rental housing, and officers of condominium associations are often uncertain or mistaken about Fair Housing rights and responsibilities. This point was underlined by responses from participants to an e- survey, tabulated in Appendix A.ai Table 6 -1 lists the housing stakeholders interviewed in the course of the Analysis of Impediments research. They provided information and perspective on current economic and social conditions, on public knowledge of Fair Housing issues, on common procedures for renting and managing housing, and on ways to address housing problems. Common themes in the interviews were: Knowledge of Fair Housing Regulations • Property managers and Realtors active in the rental market are largely knowledgeable about the law, procedures for responding to tenant concerns and requests, and the consequences of violation of Fair Housing rules. • Experts expected most tenants, applicants, property owners, condominium association heads and many resident managers not to understand the details of Fair Housing law. • Even experts mentioned points at which they or their associates were uncertain about the regulations. Some experts noted that OHCD staff provided helpful advice and were very responsive to their inquiries. • Uncertainty or misunderstanding of the law is most common with regard to reasonable accommodation for the disabled. Problems may involve tenants' requests for animal companions, for separate rooms for the disabled or for health aides, and for reserved parking. • Some landlords and property managers have reportedly allowed exceptions to occupancy rules — the number of tenants in a unit — for Native Hawaiian tenants but not others. 20 Results from 2003 and 2007 for Hawaii County are summarized in SMS 2008. 21 The survey was sent to a small group of housing stakeholders. It should not be taken as indicating the views of any larger population. The survey was sent to persons listed in Table 6 -1 and to a few additional stakeholders with whom Belt Collins Hawaii had had limited telephone contact. The survey respondents could then include persons not listed in Table 6 -1. BELT COLLINS HAWAII LLC Page 35 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Table 6 -1: PARTICIPANTS IN THE 2012 ANALYSIS OF IMPEDIMENTS STUDY Name Organization Melva Albone Hawaiian Dream Properties Daryn S. Arai Planning Dept., County of Hawaii Earl Arakaki OHCD Existing Housing Division Waquita L. Armour Legal Aid Society of Hawaii Steven Arnett OHCD Administrator Rose Y. Bautista County of Hawaii Office of the Mayor Nancy S. Cabral Day -Lum Rentals & Management, Inc. Neal Erickson Dept of Public Works, County of Hawaii Louis Erteschik Hawaii Disability Rights Center Brandon Gonzalez Dept of Public Works, County of Hawaii Diane "D.D." Grace Hawaii HomeOwnership Center Sharon L. Hirota OHCD Existing Housing Division Keith H. Kato Hawaii Island Community Development Corporation Leba T. Kaufmann Legal Aid Society of Hawaii Mary M. Love Mary M. Love Realtor Jeremy McComber OHCD Community Development Division Sharon Madsen Pacific Horizons Properties Kyle McNamara Legal Aid Society of Hawaii Kiriko Oishi Hawaii Public Housing Authority Larissa Ranz Lokahi Apartments Alan S. Rudo OHCD Community Development Division Kevin K. Tanaka Bob Tanaka, Inc. Realtors Garrett Uejo OHCD Existing Housing Division Elaine Watai Jack Hall Housing NOTE: Organizations are listed to indicate the range of persons interviewed. No claim is made that participants and their organizations support the findings and recommendations of this study. • Micronesians are thought to be often denied housing because they are expected not to be responsible tenants. This population is seen as unwilling to complain or challenge discrimination. • However, Micronesians may well have large households and be willing to shelter kin, to the point that they exceed occupancy restrictions. Landlords' decisions not to rent to Micronesian families may not be based on discrimination. BELT COLLINS HAWAII LLC Page 36 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Reasonable Accommodation for the Disabled • Stakeholders report little difficulty allowing or providing physical accommodation to disabilities — e.g., the installation of ramps or grab bars. Stakeholders believe nearly everyone recognizes the rights of the blind to have service animals. The broad issue of assistance animals is more complex; tenants may believe they have a right to have pets, when the right is to have an animal that helps persons with disabilities enjoy their homes. Realtors and managers commonly ask for a doctor's letter stating that the animal is needed as part of the tenant's therapy. A far trickier issue arises in the case of medical marijuana. Growing and consuming marijuana may be recognized by state and county personnel as therapy when prescribed by a medical doctor. Marijuana is illegal under federal law, and so cannot be considered a form of reasonable accommodation under federal statutes. Stakeholders have tried to address this problem by including clauses in lease agreements banning the production of marihuana. • Reasonable accommodation for one tenant may involve suspending rules which others follow. This is hard for managers and other tenants to accept. Ways to Address Fair Housing Issues Discussed in Interviews Encourage mediation and compromise: Realtors and managers who had been involved with Fair Housing complaints emphasized that dealings with complainants and with Fair Housing regulators involved a great deal of time, effort and anxiety. They wished these cases could have been resolved informally. However, they found that the parties involved in these cases were so angry or stubborn that they would not agree to mediation or compromise. Train County staff and managers of low- income housing projects regularly: Resident managers of low - income housing and government employees dealing with Section 8 housing may need regular training in Fair Housing rules, since these regulations are complex and their interpretation changes over time. • Continue education for real estate professionals: Several stakeholders found Fair Housing training to be helpful. They appreciated OHCD's work to get the training recognized as part of continuing education for real estate professionals. Additional Suggestions • Increase the supply of housing for residents: The obvious way to reduce all housing problems is to increase the supply of units that resident families can afford, e.g., through new construction or by increasing the number of Section 8 vouchers available in the County. BELT COLLINS HAWAII LLC Page 37 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 • Train and certify rental applicants: HOPE Services (formerly known as the Office of Social Ministry of the Roman Catholic Diocese) has run classes for the homeless and certified participants as trained to be responsible tenants. Such certification can help applicants with poor credit or criminal records be considered for units. Develop a centralized database of contact information for applicants on waitlists: Homeless and other low- income housing applicants may be placed on waitlists for subsidized housing, then not be found months later when a unit becomes available. Both rental managers and applicants could be helped if they could list and update their contact information with a central registry. Help immigrants with paperwork: COFA migrants may lack documentation (e.g., birth certificates) demanded for lease applications. They would benefit from increased support from the state or their national consuls. BELT COLLINS HAWAII LLC Page 38 County of Hawaii 2011 Analysis of impediments to Fair Housing Choice March 2012 7 RECOMMENDATIONS The current Comprehensive Plan states Fair Housing goals for the fiscal years 2010 through 2014, calling for the training and coordination activities shown in Table 5 -2. As noted earlier, OHCD has implemented plans for developing educational materials, conducting training sessions, and cooperating with other Fair Housing stakeholders. OHCD has further provided technical or informal assistance in response to queries on Fair Housing and what callers view as unfair landlord - tenant relationships. Research for this study indicates that the County has been working effectively towards the Fair Housing goals. Many see continuing efforts to educate small landlords and non - English speakers as warranted. While OHCD has made substantial progress, these efforts should continue, since knowledge of Fair Housing rules, rights and responsibilities remains limited. In the course of research for this report, Belt Collins Hawaii developed three additional recommendations. These are responsive to information about the changing environment for housing transactions. Rental advertising has migrated to Craigslist and other Internet venues, where advertisements are free and widely accessible. Internet providers do not automatically edit for Fair Housing compliance, so advertisements that violate the law may be posted. On the other hand, this situation provides an opportunity to make contact with lessors who are uninformed about their responsibilities. Monitor and respond to Internet advertising to improve outreach to "Mom and Pop" landlords. LASH monitors such advertising to spot ads that violate Fair Housing rules. At times, the County staff reviews current advertisements. If resources permit, the County could review ads regularly and reply to them by e -mail, informing advertisers of Fair Housing law and inviting them to attend training activities given by the County. Such responses can be standardized. This recommendation would be useful if it results in increased participation by "Mom and Pop" landlords in the County's training activities. It will be important to ask participants how they heard of the training, and to assess the monitoring and response to advertisements on the basis of whether they lead to increased participation and calls to OHCD. 2. With the economic downturn, condominium associations have become increasingly involved in the rental market after foreclosures. Such associations need to recapture lost income but also seek tenants as good neighbors, not just renters. Conduct mail outreach to condominium associations, inviting them to send participants to Fair Housing training. Again, the objective is to provide education to BELT COLLINS HAWAII LLC Page 39 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 persons and groups involved in housing transactions who may now be uninformed. A listing of contacts for condominium associations is available through the State Department of Commerce and Consumer Affairs (http://hawaii.gov/dcca/real/condo ed /aoaocontact0708.ndf). Again, the usefulness of this effort can be judged on the basis of whether they lead to increased participation in trainings and to calls to OHCD. Provide a help line with interpreters available at set times: Professionals in the housing industry recognize that advice and consultation on Fair Housing issues by the County staff help them understand the regulations and avoid violations. This effort can be enhanced if a help or advice telephone line is made available and publicized. If a help line is publicized in several languages and interpretation services are available in Spanish, Marshallese, and other languages, it will be possible to estimate and address the need for assistance in language- isolated groups.. To cover the cost of such a service, a statewide pilot project is suggested. 4. The information on loan modification scams in Section 2.2 suggests that the impact of such activities is not distributed proportionately among ethnic groups in Hawaii: complaints are unusually frequent from Native Hawaiians and Other Pacific Islanders. The incidence of complaints from Hawaii County is also surprisingly higher than for other counties. However, it appears that Realtors, OHCD and others are not aware of Fair Housing violations involving mortgage loans. This may be due to the high quality of mortgage procedures in Hawaii. Alternatively, it may be due to a lack of complaints and inattention to the activities of national and Internet mortgage operations. In some other states, Fair Lending has been recognized as a Fair Housing issue. For example, HUD has funded a Fair Housing/Fair Housing advice line in Idaho manned by Idaho Legal Aid Services, Inc. with both English- and Spanish - speaking advisors. (Funds come from a Fair Housing Initiatives Program grant from HUD.) In earlier years, this line addressed problems for Native Americans and familial status issues. Currently, it deals often with predatory lending to Limited English Proficiency refugee and immigrant families, and to the disabled, who have been steered to inappropriate loan products at high cost. The Idaho program has been accompanied by publicity and outreach efforts in languages other than English. It has generated considerable participation at training sessions. (Personal communication, Zoe Ann Olson. February 22, 2012). Accordingly, it seems appropriate for OHCD to bring the issue to the attention of HUD and other Fair Housing stakeholders in Hawaii and to propose that a Fair Lending assistance line project be piloted in Hawaii. Such a program could extend statewide. BELT COLLINS HAWAII LLC Page 40 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 REFERENCES Armstrong, J. "Impact Fees Fail to Pass." Hilo Tribune - Herald, September 22, 2011. Brewbaker, P. Assessing Aspects of Hawaii 's Economic in 2011 for the 2012 Outlook. Presentation to Hawaii Senate Committee on Ways and Means and House Committee on Finance, January 2012. Accessed January 26, 2012 at http://www.cqpitol.hawaii.v,ov/session20l2/testimony/Info Testimony FIN -WAM 01- 09-12 Economists %20Brewbaker .pdf Hawaii State Department of Business, Economic Development and Tourism (DBEDT) Population and Economic Projections for the State of Hawaii to 2035. Posted at http://hawaii.gov/dbedt/info/economic/data reports /2035LongRangeSeries /. 2009. State of Hawaii Data Book 2010. Posted at http://hawaii.gov/dbedt/info/economic/databook/. Honolulu, HI, 2011. Hawaii State Department of Health HIV /AIDS Surveillance Annual Report. Posted at http:/ /hawaii.gov /health/healthy- lifestyles/ std - aids /data - statistics /20IO.pdf. Honolulu, HI, 2011. Juvik, S. and J., eds. Atlas of Hawaii. 3`d Edition. Honolulu, HI, 1998. SMS Research & Marketing Services, Inc. Affordable Housing Policy and Hawaii's For -Sale Housing Markets. Posted at http://www.lurforgjdocs/SMS2.pd Honolulu, HI, 2005. County of Hawai `i: 2007 Analysis of Impediments. Honolulu, HI. 2008. Fair Housing Analysis of Impediments Report for the State of Hawai `i, 2010. Honolulu, HI, 2010. Hawai `i Housing Planning Study, 2011. Honolulu, HI, 2011. BELT COLLINS HAWAII LLC Page 41 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 APPENDIX: QUESTIONS AND RESPONSES TO E- SURVEY The initial sample for this survey was very small (24 persons) and non - random. Quantified findings only indicate the range of views encountered by Belt Collins Hawaii, and cannot be generalized to a larger population. Do you think fair housing laws are followed by people on Hawaii Island? Not at Know of Response Response Rating Percent Count All the time 0.0% 0 Most of the time 0.0% 0 Often 14.3% 1 Sometimes, but violations also occur 42.9% 3 Sometimes, but violations are also common 28.6% 2 Rarely 14.3% 1 Never 0.0% 0 Q2. How well do people understand which groups are "protected classes" for housing ?" "Rating average" is a calculation, treating the first column as 1, the second as 2, and so forth. An average of 3 aligns with the third response ( "Know most of the groups. ") BELT COLLINS HAWAII LLC Page 42 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Not at Know of Know of Know all Rating All some most of the Average groups, the protected not groups groups others Realtors and Realtor associates who handle 0 2 2 2 3 rentals regularly Other Realtors and Realtor associates 0 3 2 1 2.67 Resident property managers 0 4 2 0 2.33 Owners of rental units 1 4 1 0 2 Owners selling housing without a Realtor 2 4 0 0 1.67 Mortgage brokers and bankers 0 3 3 0 2.5 Condo associations 0 5 1 0 2.17 Tenants 2 3 0 0 1.6 Applicants for rental housing 3 3 0 0 1.5 County housing personnel 0 3 2 1 2.67 Neighbors 5 1 0 0 1.17 "Rating average" is a calculation, treating the first column as 1, the second as 2, and so forth. An average of 3 aligns with the third response ( "Know most of the groups. ") BELT COLLINS HAWAII LLC Page 42 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Q3. How well do people understand the rules about "reasonable accommodation " ?" Not at A little Fairly Well and Rating All well, but know how Averacie still to uncertain implement Other Realtors and Realtor associates the rules Realtors and Realtor associates who handle 0 4 1 1 rentals regularly 5 33.3% 2 Other Realtors and Realtor associates 1 4 1 0 Resident property managers 1 4 0 1 Owners of rental units 3 3 0 0 Owners selling housing without a Realtor 3 3 0 0 Mortgage brokers and bankers 0 5 1 0 Condo associations 2 3 1 0 Tenants 1 4 0 0 Applicants for rental housing 1 5 0 0 County housing personnel 0 4 1 1 Neighbors 4 2 0 0 Q4. What group of people is likely to go against the spirit or the letter of fair housing laws? Realtors and Realtor associates who handle rentals regularly Other Realtors and Realtor associates Resident property managers Owners of rental units Owners selling housing without a Realtor Mortgage brokers and bankers Condo associations Tenants Applicants for rental housing County housing personnel Neighbors No one 16./% 1 16.7% 1 66.7% 4 83.3% 5 33.3% 2 0.0% 0 50.0% 3 0.0% 0 0.0% 0 16.7% 1 33.3% 2 0.0% 0 2.5 2 2.17 1.5 1.5 2.17 1.83 1.8 1.83 2.5 1.33 BELT COLLINS HAWAII LLC Page 43 County of Hawai'i 2011 Analysis of Impediments to Fair Housing Choice March 2012 Q5. In what situations do fair housing law problems arise? % Response Count When people call to find out about rentals 50.0% 3 When prospective tenants fill out application 50.0% 3 forms 16.7% 1 When applications are reviewed, and tenants are 66.7% 4 chosen 66.7% 4 When tenants don't get along with others in a 83.3% 5 project or neighborhood 66.7% 4 When tenant behavior affects the quality of life in 66.7% 4 a building or neighborhood Annual (or 6 months) lease reviews 16.7% 1 Sale transactions 0.0% 0 None 0.0% 0 Comments Almost all Resident Property managers have a tendency to dislike and discriminate against COFA Migrants. They are both afraid that they will not follow rules, and they are likely to prefer not to rent to those with a bad reputation even if the reputation is not true or at least not true for all members of the discriminated group, like COFA Migrants When people show up with their kids Reasonable accommodation requests, change in households, new child Q6. What Fair Housing issues are misunderstood or misstated often? BELT COLLINS HAWAII LLC Page 44 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 % Response Count Race, National origin, or Color as protected class 16.7% 1 Sexual orientation as protected class 16.7% 1 HIV status 33.3% 2 Familial status 66.7% 4 Age 33.3% 2 Steering within a project or community 66.7% 4 Dealing with both occupancy (number of people 66.7% 4 in a unit) and familial status Service animals 83.3% 5 Other assistance animals 83.3% 5 Reasonable accommodation to disabilities such 66.7% 4 as steps, grab bars Other reasonable accommodation 50.0% 3 BELT COLLINS HAWAII LLC Page 44 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Q7. What should the County stress in its education activities to help clear this up? Comments I have found that when the County has informational classes about who is allowed to visit or make short stays with renters, they at least know what laws they are supposed to follow. They don't always follow the rules. The culture they come from may not allow them much ability to follow the law. Reasonable accommodation requests, assistance animals as reasonable accommodations, familial status Q8. We've heard some suggestions about removing impediments to fair housing. We'd like to know your reaction to these: Comments Building more housing won't help until the people are educated. Running stings would work only if the violators had to attend classes so they understand what they did and know it is wrong. BELT COLLINS HAWAII LLC Page 45 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Needed Good Not a Bad idea, Really to idea, but good and it bad assure may idea -- may idea! fair need doesn't create housing work address problems choice the issue Provide seminars for owners and associations 4 2 0 0 0 Educate the general public about rights and 3 3 0 0 0 responsibilities Educate the general public about the cost and 3 3 0 0 0 other consequences of violations Conduct more tests" or "sting" operations to catch 2 2 2 0 0 violators Resolve complaints non judicially 0 6 0 0 0 Build more housing 1 3 2 0 0 Comments Building more housing won't help until the people are educated. Running stings would work only if the violators had to attend classes so they understand what they did and know it is wrong. BELT COLLINS HAWAII LLC Page 45 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 Q9. How do you think the County can help improve fair housing access? Comments Give out more certificates for Section 8, but make the certificate holder take fair housing class, as well as the rentals owner or manager. Most people get good and bad ideas from watching television. Cable TV is an option, but not everyone has cable. PBS over broadcast stations would reach more people, but the program would have to be made very carefully to be fair and balanced. Any one hour program would have to have two parts -- Renters & those who do the renting. Each has a story, and each breaks their respective rules. Are the rules correct, are they fair, do they work, and most of all are they the best way to help those who are financially challenged succeed Reach more of the small landlords and private owners, publicize the results of settlements, Regular training for housing providers; more fair housing law enforcement. Provide more affordable accessible housing. Incentives to landlords to provide more affordable accessible housing. Enforcing design and construction requirements for new housing. Educating housing providers on reasonable accommodation requests and common fair housing violations. Q10. Please add any other comment you want to share. Comments My own experience is that most private resident managers and private families or individuals are less rigid than the public housing programs. They don't have to answer to their boss for the most part. The result is that these people both provide more humanity to renters, and they also get abused by renters. In any case, education concerning their actions does not very often make much change happen. Private people get away with abuse and also get abused. County housing projects can cause terrible problems by following the rules, and Fair Housing agents, who are supposed to insure that the right things happen, have no real "policing" authority for the building managers and rental agents abusing the families and individuals who break rules. On the other hand, most renters are afraid, and when confronted with the threat of eviction, they usually just give up. Angry people from both sides will dig in rarely, but the facts about renter mistakes or breaking the rules almost always cause loss of their apartments or homes. The net result is that it is common for the renters to be abused, and rare indeed that a bad Realtor or Building manager is punished in any substantive way. I would rather see more humanity for the people who are at risk, but the $ is king in this situation. Realtor and Building managers have lawyers, and renters almost never do. Mahalo BELT COLLINS HAWAII LLC Page 46 County of Hawaii 2011 Analysis of Impediments to Fair Housing Choice March 2012 I Qwgt�, roro,�1% jj II z CPMP Non -State Grantee Certifications Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the r tell 0mce. ❑ This certification does not apply. E This certification is applicable. NON -STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti - displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace -- It will or will continue to provide a drug -free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about - a. The dangers of drug abuse in the workplace; b. The grantee's policy of maintaining a drug -free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP Non -State Grantee Certifications Page 4 Version 2.0 Anti - Lobbying -- To the best of the jurisdiction's knowledge and belief: 8. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10. It will require that the language of paragraph 1 and 2 of this anti - lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature /Authorized Official Date William P. Kenoi Name Mayor, County of Hawaii Title 25 Au uni Street Address Hilo, Hawaii, 96720 City /State /Zip 808/961 -8211 Telephone Number CPMP Non -State Grantee Certifications Page 5 Version 2.0 ❑ This certification does not apply. Z This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long -term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 11. Maximum Feasible Priority - With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12. Overall Benefit - The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2016, 2017, 2018, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13. Special Assessments - It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate- income (not low- income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 14. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations; and 15. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within its jurisdiction; CPMP Non -State Grantee Certifications Page 6 Version 2.0 Compliance With Anti - discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601- 3619), and implementing regulations. Lead -Based Paint -- Its activities concerning lead -based paint will comply with the requirements of part 35, subparts A, B, J, K and R, of title 24; Compliance with Laws -- It will comply with applicable laws. Signature /Authorized Official Date William P. Kenoi Name Mayor, County of Hawai'i Title 25 Au uni Street Address Hilo, Hawaii, 96720 City /State /Zip 808/961 -8211 Telephone Number CPMP Non -State Grantee Certifications Page 7 Version 2.0 M This certification does not apply. ❑ This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature /Authorized Official Date Name Title Address City /State /Zip Telephone Number CPMP Non -State Grantee Certifications Page 8 Version 2.0 Z This certification does not apply. ❑ This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant -based rental assistance: The use of HOME funds for tenant -based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature /Authorized Official Date Name Title Address City /State /Zip Telephone Number CPMP Non -State Grantee Certifications Page 9 Version 2.0 This certification does not apply. ❑ This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities -- Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1. For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For at least 3 years in the case of assistance involving non - substantial rehabilitation or repair of a building or structure. Signature /Authorized Official Date Name Title Address City /State /Zip Telephone Number CPMP Non -State Grantee Certifications Page 10 Version 2.0 M7 This certification does not apply. ❑ This certification is applicable. ESG Certifications I, , Chief Executive Officer of Error! Not a valid link., certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR 576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1. The requirements of 24 CFR 576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2. The building standards requirement of 24 CFR 576.55. 3. The requirements of 24 CFR 576.56, concerning assurances on services and other assistance to the homeless. 4. The requirements of 24 CFR 576.57, other appropriate provisions of 24 CFR Part 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5. The requirements of 24 CFR 576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6. The requirement of 24 CFR 576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7. The requirements of 24 CFR Part 24 concerning the Drug Free Workplace Act of 1988. 8. The requirements of 24 CFR 576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9. The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. CPMP Non -State Grantee Certifications Page 11 Version 2.0 10. The requirements of 24 CFR 576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. 11. The requirements of 24 CFR 576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time; and (D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12. The new requirement of the McKinney -Vento Act (42 USC 11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13. HUD's standards for participation in a local Homeless Management Information System (HMIS) and the collection and reporting of client -level information. 1 further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations of the U. S. Department of Housing and Urban Development. Signature /Authorized Official Date Name Title Address CPMP Non -State Grantee Certifications Page 12 Version 2.0 City /State /Zip Telephone Number CPMP Non -State Grantee Certifications Page 13 Version 2.0 ❑ This certification does not apply. ® This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug -Free Workplace Requirements Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug -Free Workplace Certification 1. By signing and /or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug -free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug -free workplace is required by 24 CFR part 21. Place Name Street City County State Zip Office of Housing & Comm Dev 50 Wailuku Drive Hilo Hawai' i HI 96720 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the CPMP Non -State Grantee Certifications Page 14 Version 2.0 Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non - Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a. All "direct charge" employees; b. all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c. temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti - displacement and Relocation Plan Signature /Authorized Official Date William P. Kenoi Name Mayor, County of Hawaii Title 25 Au uni Street Address Hilo, Hawaii, 96720 City /State /Zip 808/961 -8211 Telephone Number CPMP Non -State Grantee Certifications Page 15 Version 2.0