HomeMy WebLinkAboutBIL 072 Draft 01 2022-2024 OJ�[V os •
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COUNTY OF HAWAI`I -•� �'-�'�� • STATE OF HAWAII
BILL NO. 72
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11,ARTICLE 1, SECTIONS 11-3 AND 11-13
OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION,AS AMENDED), RELATING
TO AFFORDABLE HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 11, article 1, section 11-3, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended by amending the definition of"Eligible buyer"to read as
follows:
'Eligible buyer"means a person who meets eligibility requirements, including income
limitations, as established by this chapter or by rule."
SECTION 2. Chapter 11, article 1, section 11-3, of the Hawai`i 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 is a full-time resident of the County of
Hawai`i, consistent with residency as defined in HRS § 235-1 and HRS § 11-13, as
demonstrated by evidence satisfactory to the housing administrator."
"Qualified returning student"means a person who was a qualified resident
immediately prior to leaving the County of Hawai`i to attend a university, college, or a
trade school and who has not taken affirmative steps to relinquish their resident status
within the County. A returning student may use the evidence of residency 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 a distance specified by the housing administrator of any affordable
housing project, as demonstrated by evidence satisfactory to the housing administrator.'
SECTION 3. Chapter 11, article 1, section 11-13, of the Hawai`i County Code 1983 (2016
Edition, as amended), is amended to read as follows:
"Section 11-13. Eligibility[:]; preference.
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the maximum sales price was based to be qualified to purchase a unit.]
(a) Eligibility requirements.
(1) The applicant, and the applicant's spouse if applicable, may 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 of 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 housing 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 housing administrator may establish additional eligibility criteria in
administrative rules.
(b) Unless otherwise prohibited by a grantor to the County for an affordable housing
project, for any affordable housing project for which the office of housing and
community development is responsible for receiving and evaluating applications,
the housing administrator shall:
(1) Define the distance from the affordable housing project to be used to identify
qualified workers, if applicable;
(2) Determine order of preferences and rank applicants based on the following
preference categories:
(A) Income eligible qualified resident;
(B) Income eligible qualified worker; and
(C) Income eligible qualified returning student;
(3) Select applicants based on application date within the pool of similarly ranked
applicants; and
(4) Validate the preference status of an applicant prior to occupancy of an
affordable unit."
SECTION 4. 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 5. 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.
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SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CIL MEMBER, UNTY OF HAWAI`I
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm.
461
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