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AN 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 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 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 is a full-time resident of the County of Hawaiʻi, 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 Hawaiʻi 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 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) 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 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.
SECTION 6. 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: