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HomeMy WebLinkAboutBIL 072 Draft 02 2022-2024oJrtv.oc N�h. COUNTY OF HAWAII STATE OF HAWAII BILL NO. 72 (DRAF"f 2 ) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1, SECTIONS 11-3 AND 11-13 OF THE HAWAII 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 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 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 is a full-time resident of the County Hawaii, 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 aualified resident immediately prior to leaving the County of Hawaii to attend a university, collet 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 a parent or guardian to demonstrate that the student was a qualified resident brior to their temborary 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 Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows: "Section 11-13. Eligibility[-;]; preference. [The itflministr--cit�l establish eligibility e f to«:., 1. r -tile. Eligibility eri include -esideney Bents to the extf'Rt pef m hied by law. The administTatE (Al1Vw 11V lLUvaav auU •Y1L11 iiivV111vU Kr LV twenty 1J V1 Vl..11l g1liU ter- than the ineeme on the im x mum sales ,,rind was based to be qualified to ptife1 a it.] (a) Eligibility requirements. (1) The applicant, and the applicant's spouse or reciprocal beneficiary 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 fifthpercent in fee simple and/or leasehold of any real estate property that is suitable for dwelling _purposes or lands under an.• ty rust 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 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 gpplications 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. 2 SECTION 6. This ordinance shall take effect upon its approval. INTRODUCED BY: CO IL M'EMBE,'COIJNTY OF HAWAII INTRODUCED BY: r COUNCIL MEMBER, COUNTY OF HAWAII Hawai `i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: 461.2 REFERENCE Comm.