HomeMy WebLinkAboutBIL 018 Draft 01 2022-2024 ILL NO. 18
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11,ARTICLE 1, SECTIONS 11-3 AND 11-13
F THE HAWAFI COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING
TO AFFORDABLE HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 11, article 1, section 11-3, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended by adding the following new definitions to be appropriately
inserted and to read as follows:
`"`Qualified resident"means a person who maintains full-time residency in the
County of Hawaii, as demonstrated by a State of Hawaii Real ID income tax
returns filed with the State of Hawaii form W-2 tax forms utility_ bilis or benefits
statements confirming Hawai`i County residency"
`"`Qualified returning student"means a person who was a qualified resident
immediately prior to leaving the County of Hawaii to attend a university, college
or a trade school. A returning student may use the residency documents of a parent
or guardian to demonstrate that the student was a qualified resident prior to their
temporary departure from the County."
""Qualified worker"means a person who earns at least seventy-five percent of
their income within the County of Hawaii, as demonstrated by income tax returns
filed with the State of Hawaii form W-2 tax forms or a notarized letter from their
employer."
SECTION 2. Chapter 11, article 1, section 11-13, of the Hawaii County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section I1-13. Eligibility[.]; preference.
[The administfatef shall establish eligibility efitefia by fule. Eligibility
criteria shall kielude fesideney fequiremerAs to !he extent pefmitted by law. The
administfatef may allow households with ineames---I- te
ptffehase a ftit]
(a) For any affordable housing project for which the office of housing and
community development is responsible for receiving and evaluating
applications,the administrator shall develop a list of eligible applicants from
i
which the occupants of affordable units shall be selected Applicants shall be
ranked based on the preferences established in subsection(c),unless
otherwise prohibited byagrantor to the County. Selection of applicants shall
be made first by preference ranking if applicable and then based on the date
of their application within the set of similarly ranked applicants The
eligibility d preference status of an applicant shall be validated by the
administrator prior to occupancy of an affordable unit
(b) Eligibility requirements.
(1) The applicant and their spouse if applicable do not independently or
jointly, unless separated and livingaapart under a decree from a court of
competent jurisdiction, own a majority interest of more than fifty percent
in fee simple and/or leasehold any real estate property, that is suitable
for dwelling purposes or lands under any trust agreement or other
fiduciary arrangement in which another person holds legal title to such
land.
(2) The administrator may allow households with incomes up to twenty
percent greater than the income on which the maximum sales price was
based to be qualified to purchase a unit.
(3) The administrator may establish additional eligibility criteria in
administrative rules adopted pursuant to chapter 91 Hawaii Revised
Statutes.
(c) Preference for rental or purchase of County-funded affordable units
(1) Preference for the rental or purchase of affordable units shall be given as
follows:
(A) For up to ten percent of County-funded affordable units first
preference shall be given to income eligible employees of the
County or State of Hawaii•
{B) Second preference shall be given to income eligible qualified
residents;
(C) Third preference shall be given to income eligible qualified
returning students; and
(D) Fourth preference shall be given to income eligible qualified
workers.
(2) For affordable units offered for sale within each of the categories
established in paragraphs (c)(1 ((AA)through(D) preference shall be
given to applicants who are income eligible qualified residents based on
the length of time they have resided in the County of Hawaii prior to
gpplying to purchase affordable housing with the office of housing and
community development."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets,bracketed and stricken material, and
underscoring need not be included.
2
I
SECTION 4. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
Ile"
COUNCIL MEMBER, COUNTY OF HAWAII
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawai`i
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 77
3