HomeMy WebLinkAboutBIL 319 Draft 01 2012-2014OFFICE INFORMATION ONLY
Meeting: Human Services and Social Services Committee —November 18, 2014
Action: Postponed to call of Chair; never taken up again.
Re: Bill 319; Comm. 1148 (2012-2014 term)
COUNTY OF HAWAII
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BILL NO. 319
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO HOUSING.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and purpose. It is the County's responsibility to extend equal
protection of the law and due process of the law to all persons who reside in elderly, low-income,
disabled or farm labor affordable housing. Presently, there are thousands of persons on Hawaii
Island living in housing which is federally funded, either in whole or in part. These funds are
disbursed through various U.S. government programs under the auspices of various federal
agencies, with each program and agency having its own rules.
The Council finds that, in order to preserve the health and safety of these residents, the
protections which benefit one should benefit all, regardless of which funding stream initiates
such programs. Rules governing tenant and landlord rights and responsibilities should provide
the same benefits and protections to residents without regard for the source of Federal
Assistance.
This includes but is not limited to federal programs set forth in the Federal Register at 24
CFR 245 — Tenant Participation In Multifamily Housing Projects, 24 CFR 982 -- Section 8
Tenant -Based Assistance: Housing Choice Voucher Program; Low Income Housing Tax Credit
(LIHTC); HUD Multi -Family Project -Based Rental Assistance (PBRA); Section 8 Moderate
Rehabilitation; Public Housing Operating Subsidy; HOME Rental Assistance; HUD Housing
Choice Voucher (HCV), tenant -based; HUD Project -Based Voucher (PBV); and USDA Section
521 Rental Assistance Program.
The purpose of this ordinance is to ensure fairness to all residing in government
subsidized housing, regardless of which federal agency funding stream supplies the funds. All
income -challenged persons on this island should have equal access to protections against
arbitrary and capricious actions by both public and private actors.
SECTION 2. Chapter 11, article 1 of the Hawaii County Code 1983 (2005 Edition, as
amended), is amended by adding a new section to be appropriately designated and to read as
follows:
"Section 11- . Application of federal rights and responsibilities.
All rights and responsibilities of tenants and landlords enunciated under federal
law shall be equally pplicable to tenants and landlords, regardless of the source of the
federal funds for that program or project."
SECTION 3. Chapter 11, article 1 of the Hawaii County Code 1983 (2005 Edition, as
amended), is amended by adding a new section to be appropriately designated and to read as
follows:
"Section 11- . Mandatory renewal of lease.
Unless during the term of the existing lease for government subsidized housing a
tenant has been found to have three significant violations of the same rule or five
significant violations of any rules which violations are not offset by undue hardship or a
reasonable misunderstanding of the tenant's rights the tenant's lease shall be renewed "
SECTION 4. New material is underscored. In printing this ordinance, the 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, such invalidity shall 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 declared to be severable.
SECTION 6 This ordinance shall take effect thirty days after approval.
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1148
INTRODUCED BY:
1
COUNCIL �YMBER, COUTM OF HAWAII
2