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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 Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by repealing the definition of “affordable rental housing” to
read as follows:
“[“Affordable rental housing” means a residential unit where the rental cost does not exceed the affordable rental rate.]”
SECTION 2. Chapter 19, article 1, section 19-2, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended by amending the definition of “affordable rental rate” to read
as follows:
““Affordable rental rate” [is] means a monthly rent not to exceed [seventy-five percent of the Payment Standards] the most recent affordable rental guidelines for eighty percent of the
area median income of the County as established by the [office of housing and community development as of the first of January each year.] Hawai‘i housing finance and development corporation.”
SECTION 3. Chapter 19, article 7, section 19-53, of the Hawai‘i 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 property occupied as affordable rental housing must be rented at a rate not to exceed the affordable rental rate for the entire calendar year claimed and must be legally permitted
by all codes.] 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.
[(2) All rental units on affordable rental housing properties must be rented at the affordable rental rates.
(3)] (2) Affordable rental housing properties shall not be excluded by the owner’s principal residence also being on the property.
[(4)] (3) 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, Hawai‘i 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.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: