HomeMy WebLinkAboutORD 2023-077 2022-2024 .......".?"17..............
COUNTY OF HAWAI`I *( " � •`• STATE OF HAWAI`I
\ BILL NO. 72
(DRAFT 2)
ORDINANCE NO. 23 77
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 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 Hawaii to attend a university, college, or a
trade school and who has not taken affiuujiative 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.
[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.
2
SECTION 6. This ordinance shall take effect upon its approval.
INTRODUCED BY:
14,/7/4__C4f—LeiCif
UNCIL MEMBER, COUNTY OF HAWAI`I
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hilo , Hawai`i
Date of Introduction: October 18, 2023
Date of 1st Reading: October 18, 2023
Date of 2nd Reading: November 1, 2023
Effective Date: November 20, 2023
461.2
REFERENCE Comm.
3
OFFICE OF THE COUNTY CLERK COUNTY CLERK
County of Hawaii COUNTY OF HAWAI
Hilo, Hawaii 7UZ3 MN 20 AM I!: 35
(Draft 2)
Introduced By: Heather L. Kimball and ROLL CALL VOTE
Dr. Holeka Goro Inaba AYES NOES ABS EX
Date Introduced: October 18, 2023 Evans X
First Reading: October 18, 2023 Galimba X
Published: October 27, 2023 Inaba X
Kagiwada X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
9 0 0 0
Second Reading: November 1, 2023
To Mayor: November 9, 2023 ROLL CALL VOTE
Returned: November 20, 2023
AYES NOES ABS EX
Effective: November 20, 2023
Published: December 8, 2023 Evans X
Galimba X
REMARKS:
Inaba X
Kagiwada X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
6 0 3 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
•
IOUNCIL CHAIRPERSON
,pprovev Disapproved this er day
of u"rJ e- 1
1 , - , 202'5 CO ERK
fp
\ tie Bill No.: 72 (Draft 2)
MAYOR, COUNTY OFHAWAII C-461.2/PCPLUD-5
Reference:Ord No.: 23 77