HomeMy WebLinkAboutCOM 0572.001 2006-2008 Emily I. Naeole .Y w,~
Council Member
Mailing Address: , • w~` Business Address:
(Former County Building • O1 333 Kilauea Avenue, Second Floor
25 Aupuni Street Ben Franklin Building
Hilo, Hawaii 96720 Hilo, Hawaii 96720
Hawai `i County Council
County of Hawai `i
Telephone: (808) 96/-8267 Facsimile: (808J 961-8912
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DATE: September 28, 2007
TO: Pete Hoffmann, Council Chair
And Council Members
FROM: Emily Naeole 'Q'~~~ J
Council Member
RE: Proposed Amendment to Bill 140 (An Ordinance Amending Article 1,
Chapter 11 of the Hawaii County Code 1983 (2005 Edition, as amended),
relating to affordable housing
Attached is a proposed amendment to Bill 140 relating to affordable housing. The
proposed amendments strike through suggested language referring to an amendment to
Chapter 11 that was ultimately vetoed and re-letters suggested subsection (f) to
subsection (e).
My proposed changes to the purpose and findings section, presently found in Bill 140, are
ramseyered and shown in bold font as follows:
"SECTION 1. Purpose and findings. The purpose of this bill is to provide
that transfers of property to family members, for non-commercial purposes,
should not be included in calculating whether a subdivision triggers an
affordable housing requirement. [
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Hawaii County is an Equa[ Opportunity Provider and Employer
The council finds that the non-commercial, family-relationship aspect of
such transfers differentiates them from the typical subdivision for
commercial real estate purposes.
This bill provides that a subdivider may apply to the housing agency to have
lots that aze transferred to family members excluded from the number of lots
that could count toward the triggering of an affordable housing requirement.
To prevent this provision from becoming a loophole where individuals
engaging in real estate transactions avoid affordable housing requirements by
transferring lots to related individuals, the bill provides that a transfer to an
individual can be excluded from the affordable housing requirement only once
in that individual's lifetime."
A copy of the bill that incorporates the proposed amendments is attached. In this
attachment the changes proposed by this bill to the present language or section 11-4 of
the County Code are ramseyered.
EIN/tce
Encl.
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO
AFFORDABLE HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and findings. The purpose of this bill is to provide that transfers of
property to family members, for non-commercial purposes, should not be included in calculating
whether a subdivision triggers an affordable housing requirement.
The council finds that the non-commercial, family-relationship aspect of such transfers
differentiates them from the typical subdivision for commercial real estate purposes.
This bill provides that a subdivider may apply to the housing agency to have lots that are
transferred to family members excluded from the number of lots that could count towazd the
triggering of an affordable housing requirement.
To prevent this provision from becoming a loophole where individuals engaging in real
estate transactions avoid affordable housing requirements by transferring lots to related
individuals, the bill provides that a transfer to an individual can be excluded from the affordable
housing requirement only once in that individual's lifetime.
SECTION 2. Section 11-4, Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new subsection (e) to read as follows:
"(e) A subdivider may apply to the housine aeencv to have lots excluded from
the number counted toward the affordable housing requirement under
subsection (b). The housine agency shall exclude such lots from the number
counted toward the affordable housin requirement if it finds that the
subdivision is primarily for the pumose of transferrine ownership interests to
family members, without consideration other than repayment of the expenses
of the subdivision, and the lot in question, upon final subdivision approval,
is:
(1) Transferred to a child of the owner of the property: or
(2) Transferred to a person who was a co-tenant in the property immediately
prior to the subdivision, and who had acquired the co-tenancy interest by
devise or intestate succession from an ancestor in common with the other
co-tenants; and
(3) A transferee shall be eligible for only one such exclusion in that person's
lifetime."
SECTION 3. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 4. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance, is held invalid, such 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 aze declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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