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STATE OF HAWAI`I
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BILL NO. 39
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 19, ARTICLE 1, SECTION 19-2, AND
ARTICLE 7, SECTION 19-53, OF THE HAWAI`I COUNTY CODE 1983 (2016
EDITION, AS AMENDED), RELATING TO THE AFFORDABLE RENTAL HOUSING
REAL PROPERTY TAX CLASSIFICATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. Chapter 19, article 1, section 19-2, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by repealing the definition of "affordable rental
housing" to read as follows:
SECTION 2. Chapter 19, article 1, section 19-2, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by amending the definition of "affordable rental rate" to
read as follows:
""Affordable rental rate" [i-s] means a monthly rent not to exceed [seve e
pefeei4 of the P,,.,. eftt c+.,.,aafds] the most recent affordable rental guidelines for eighty
percent of the area median income of the County as established by the [^ffiee ofh,,,,�;ng
and eommunity development as of the first f Tar,,.,,.., o,,e t , .] Hawaii housing
finance and development corporation."
SECTION 3. Chapter 19, article 7, section 19-53, of the Hawaii County Code 1983
(2016 Edition, as amended), is amended by amending subsection (h) to read as follows:
"(h) Eligibility for affordable rental housing class.
(1) [Real
and rn ist be legally „ ,.mit4e by all eades ] Real property utilized for
residential rental purposes shall be eligible for classification as affordable
rental housing, provided that all rental units situated thereon are either rented
at affordable rental rates or are certified by the office of housing and
community development as section 8 rental units with an initial lease term of
one year.
aff friable feriafeRial fates.
(3)] Q Affordable rental housing properties shall not be excluded by the owner's
principal residence also being on the property.
[(4)] Q) For properties in the affordable rental housing class as of January 1, 2008,
the assessed value of the property shall not increase more than three percent
per tax year until the parcel is sold or any portion thereof sold by way of
conveyance which is subject to conveyance tax under terms of chapter 247,
Hawaii Revised Statutes, at which time the property will be assessed at
market value. In addition to the three percent limit of this subsection, any
improvements undertaken on the property within the tax year shall be assessed
at market value. All parcels entering this class after January 1, 2008, shall
have the assessed value as of January 1 of the following year and be subject to
the above provisions."
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 that 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 on January 1, 2026.
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 206.2
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COUNCIL MEMBER, COUNTY OF HAWAI`I
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