HomeMy WebLinkAboutBIL 018 Draft 01 2022-2024AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1, SECTIONS 11-3 AND 11-13 OF THE HAWAIʻI COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIʻI:
SECTION 1. Chapter 11, article 1, section 11-3, of the Hawaiʻi 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 Hawaiʻi, as demonstrated by a State of Hawaiʻi Real ID, income tax returns filed with the State
of Hawaiʻi, form W-2 tax forms, utility bills, or benefits statements confirming Hawaiʻi County residency.”
““Qualified returning student” means a person who was a qualified resident immediately prior to leaving the County of Hawaiʻi 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 Hawaiʻi, as demonstrated by income tax returns filed with the State of
Hawaiʻi, form W-2 tax forms, or a notarized letter from their employer.”
SECTION 2. Chapter 11, article 1, section 11-13, of the Hawaiʻi County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 11-13. Eligibility[.]; preference.
[The administrator shall establish eligibility criteria by rule. Eligibility criteria shall include residency requirements to the extent permitted by law. The administrator may allow
households with incomes up to twenty percent greater than the income on which the maximum sales price was based to be qualified to purchase a unit.]
(a) 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
which the occupants of affordable units shall be selected. Applicants shall be ranked based on the preferences established in subsection (c), unless otherwise prohibited by a grantor
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 and 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 living apart under a decree from a court of competent jurisdiction, own a majority
interest of more than fifty percent in fee simple and/or leasehold, 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, Hawai‘i 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 Hawaiʻi;
(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)(A) 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 Hawaiʻi prior to applying 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.
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:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAIʻI
INTRODUCED BY:
________________________________________
COUNCIL MEMBER, COUNTY OF HAWAIʻI
_______________, Hawaiʻi
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: