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HomeMy WebLinkAboutORD 2025-047 2024-2026COUNTY OF HAWAI`I ORDINANCE NO. STATE OF HAWAI`I BILL NO. 39 (DRAFT 2) 25 47 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 HAWAPI: 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" [is] means a monthly rent not to exceed [seventy five pereei# 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 [affiee of he Hg ] Hawai`i 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 must be legally pefmil4ed by all ] 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-er-dable rental rates. (3)] Q Affordable rental housing properties shall not be excluded by the owner's principal residence also being on the property. [(4)] (D 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. Hilo , Hawai`i Date of Introduction: May 7, 2025 Date of 1 st Reading: May 7, 2025 Date of 2nd Reading: June 4, 2025 Effective Date: January 1, 2026 REFERENCE Comm. 206.2 INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I 2 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Dr. Holeka Goro Inaba Date Introduced: May 7, 2025 First Reading: May 7, 2025 Published: May 16, 2025 IC7MAZIM� M Second Reading: June 4, 2025 To Mayor: June 17, 2025 Returned: June 23, 2025 Effective: January 1, 2026 Published: July .11, 2025 REMARKS: POSTPONED: May 21, 2025 (Draft 2) COUNTY CLERK COUNTY OF HAWAH 2fl25JaN23 PH 8:27 ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 8 1 0 0 ROLL CALL VOTE AYES NOES ABS EX Galimba X Hustace X Inaba X Kagiwada X Kaneali`i-Kleinfelder X Kierkiewicz X Kimball X Onishi X Villegas X 8 1 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. v rove Disa ed this day of ,20�� HAYOR, TY OF HAWAFI COUNCIL CHAIRPERSON COUNTY CLERK Bill No.: 39 (Draft 2) Reference: C-206.2/FC-39 Ord No.: Z 5 47