HomeMy WebLinkAbout2016 RRP Admin Rules
RESIDENTIAL REPAIR PROGRAM
(RRP)
ADMINISTRATIVE RULES
OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT
COUNTY OF HAWAI`I
50 WAILUKU DRIVE
HILO, HAWAI`I 96720
AUGUST 1, 2016
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TABLE OF CONTENTS
RESIDENTIAL REPAIR PROGRAM
(RRP)
RULES FOR HOMEOWNERS
1.0 EXPLANATION OF WORDS USED IN THIS DOCUMENT ..................... 1
2.0 PURPOSE ........................................................ 2
3.0 LOAN SPECIFICATIONS ............................................ 2
3.1 LOAN
AMOUNTS.................................................. 2
3.2 ELIGIBLECOSTSFORLOANAMOUNT................................ 3
3.3 INTERESTRATE................................................. 4
3.4 UNDERWRITINGSTANDARDS........................................ 4
3.5 TERMANDPAYMENT.............................................. 5
3.6 CREDITHISTORYANDINCOMEVERIFICATION........................ 7
3.7 PLEDGEDSECURITY.............................................. 7
3.8 ACCELERATIONOFLOAN.......................................... 8
OFLOAN.............................................. 8
3.9 RE-ISSUE
3.10 CONTRACT ..................................................... 8
3.11 LIFEESTATESANDTRUSTS....................................... 9
3.12 CHANGEOFTENANCY............................................. 9
TOMAKEPAYMENTASREQUIRED .......................... 10
3.13 FAILURE
3.14 PREPAYMENT .................................................. 10
3.15 PLACEOFPAYMENT............................................. 10
3.16 APPLICATIONOFREGULARPAYMENTSANDPREPAYMENT ............... 10
SERVICING............................................... 11
3.17 LOAN
3.18PAYABLETODIRECTOROFFINANCE................................ 11
3.19SUBORDINATIONOFMORTGAGE .................................... 11
3.20OWNERASSETS ................................................. 12
4.0 APPLICANT ELIGIBILITY ......................................... 13
4.1 CONFLICTOFINTEREST......................................... 13
4.2 DISCRIMINATIONPROHIBITED.................................... 13
4.3 INCOMEELIGIBILITY........................................... 14
INCOME.............................................. 15
4.4 ADJUSTED
4.5 OWNERSHIP ................................................... 15
4.6 OCCUPANCY ................................................... 16
5.0 PROPERTY ELIGIBILITY .......................................... 16
5.1 LOCATION .................................................... 16
5.2 DWELLINGQUALIFICATIONCHARACTERISTICS....................... 17
5.3 TAXES ....................................................... 19
5.4 TYPESOFIMPROVEMENTS........................................ 19
ELIGIBILITYINSPECTION.............................. 21
5.5 DWELLING
5.6 DWELLINGELIGIBILITYCONFERENCE.............................. 22
5.7 ELIGIBLEREPAIRSANDIMPROVEMENTSLIST....................... 23
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6.0 CONSTRUCTION CONTRACT REQUIREMENTS ............................ 23
6.1 SPECIFICATIONS .............................................. 23
6.2 CONTRACT
AWARD............................................... 23
6.3 CONSTRUCTIONCONTRACT........................................ 24
6.4 SECTION3COMPLIANCE......................................... 24
6.5 NOTICETOPROCEED............................................ 24
PAYMENTS............................................ 25
6.6 PROGRESS
7.0 APPLICATION PROCESSING PROCEDURES ............................. 26
7.1 APPLICATIONPERIODS.......................................... 26
7.2 APPLICATIONLOCATION......................................... 26
7.3 APPLICANTSELECTIONANDPRIORITY............................. 26
7.4 CONFIDENTIALITY ............................................. 27
7.5 APPLICANTPROCESSINGPROCEDURES.............................. 27
8.0 CONTRACTOR ELIGIBILITY ........................................ 28
8.1 CONTRACTORSELECTION......................................... 28
8.2 CONTRACTOR'SLICENSE......................................... 28
8.3 PROGRAMDEBARREDLIST........................................ 29
8.4 CONTRACTOR'SINSURANCE....................................... 29
PREFERENCELIST.................................. 30
8.5 CONTRACTORS
8.6 CONTRACTORDISQUALIFICATION.................................. 30
8.7 INFORMALSETTLEMENTOFDISPUTES.............................. 30
8.8 HEARINGONDISPUTE........................................... 31
9.0 RULES FOR RESIDENTIAL REPAIR PROGRAM .......................... 33
9.1 EFFECTIVEDATE............................................... 33
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RESIDENTIAL REPAIR PROGRAM
(RRP)
RULES FOR HOMEOWNERS
COUNTY OF HAWAI`I
OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT
1.0 EXPLANATION OF WORDS USED IN THIS DOCUMENT
A. “Rules for Homeowners” means these Rules for Homeowners
of the Residential Repair Program and any supplements
hereto. The rule delineates the terms and conditions
of the Residential Repair Program (RRP).
B. “Mortgage and Note” means a legal document used to
create a lien on the property as security for your
promise to pay the County the principal amount at a
future specified time on the Loan. The Mortgage and
Note will be called the “Contract.”
C. “Loan” means the principal amount for the RRP. This
Loan will be called the “Loan.”
D. “CDBG” means the Community Development Block Grant
Program authorized under 24 CFR, Part 570.
E. “County” means the County of Hawai`i, which is the
Lender under the CDBG Program and responsible for the
administration of the RRP.
F. “HUD” means the U.S. Department of Housing and Urban
Development.
G. “HQS” means HUD Section 8 Program Housing Quality
Standards.
H. “Low And Moderate Income Persons” mean persons whose
incomes do not exceed 80 percent of the median income
as established by HUD’s Section 8 income limits.
I. “OHCD” means the Office of Housing and Community
Development located at 50 Wailuku Drive, Hilo, Hawai`i
96720, Phone: Voice/TT: (808)961-8379.
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J. “Program” means the Residential Repair Program.
K. "Repairs" means repairs made to extend the life of a
dwelling unit or to correct health or safety hazards.
Repairs must be physically attached to the dwelling
unit and be permanent in nature.
L. "Borrower" means a person, persons who borrow loan
funds to rehabilitate a dwelling unit.
M. "Income Limits" means the income limits for the Hawai`i
Section 8 Rental Assistance Program, which administers
rental subsidies for the County for HUD, which are
developed in accordance with Section 3(b)(2) of the
United States Housing Act of 1937.
N. "Housing Administrator" means the Administrator of the
OHCD or if there is no Housing Administrator the
Finance Director.
2.0 PURPOSE
The purpose of the County of Hawai`i's RRP for homeowners is
to provide a low interest loan to low and moderate income
households on the Island of Hawai`i to repair their homes.
The County administers this federally funded program through
the OHCD. The purpose of this program is to increase the
economic life of existing dwelling units, and ensure safe
and healthy living environments.
Hawai`i's RRP for homeowners is sponsored by the County of
Hawai`i, through its OHCD, and funded by HUD, through its
Community Development Block Grant (CDBG) Small Cities
Program.
3.0 LOAN SPECIFICATIONS
3.1 LOAN AMOUNTS
a. Minimum and Maximum Loan: Loans are available from a
minimum of TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($2,500.00) to a maximum of TWENTY FIVE THOUSAND AND
NO/100 DOLLARS ($25,000.00). Each household is
eligible for only one RRP Loan.
b. Conformance to HQS: The RRP funds must be used to
correct all dwelling deficiencies in order for
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the unit to pass HUD’s HQS minimum requirements and for
repairs as stipulated in Section 5.4 TYPES OF
IMPROVEMENTS. Any dwelling unit which requires
estimated repair costs which are in excess of the
maximum loan amount would be eligible for the program
if the estimated repair cost can be reduced or if the
homeowner agrees to pay the excess of the maximum loan
amount.
c. Replacement Cost Limit: The loan amount may not exceed
seventy-five percent (75%) of the estimated replacement
cost of a new comparable dwelling.
3.2 ELIGIBLE COSTS FOR LOAN AMOUNT
a. Composition of Loan Amount: All RRP amounts shall be
the total applicable cost for the dwelling repairs
including, but not limited to, the construction
contract amount and any change order amount. Only
actual costs for services charged to the County or the
homeowner are eligible costs for the RRP.
b. Processing Fee: RRP applicants will be charged a
processing fee of FIFTY AND NO/100 DOLLARS ($50.00)
under this program. The processing fee shall be
payable to the Director of Finance by personal check,
cashier’s check or money order. Pursuant to Section 2-
134, as amended, of the Hawai`i County Code, there
shall be a service charge imposed for a returned check
or other negotiable instrument due to insufficient
funds.
1. Processing Fee may be used to pay for:
a. Credit report;
b. Recordation fees;
c. Notary fees;
d. Risk Assessment for Lead; and
e. Other applicable administrative processing
costs.
2. Refund of Application Fee:
a. If the applicant is deemed ineligible based
upon the initial review of the application,
the application fee will be fully refunded.
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b. If the applicant chooses to cancel the
application or is deemed ineligible during
processing, only the unused portion of the
application fee will be refunded.
c. In all other circumstances the balance of the
unused portion of the application fee will
not be refunded.
3.3 INTEREST RATE
a. The rate of interest charged on the outstanding
principal balance of the Loan is THREE PERCENT (3%)
SIMPLE INTEREST.
3.4 UNDERWRITING STANDARDS
a. Value for fee simple estates includes both land and
improvement value. All real estate mortgage loans,
guarantees of record, the proposed rehabilitation loan,
and any other liens against the property shall be
considered in determining total debts on the property.
The value of the property will be assumed to be that
assessed value estimated by the Assessment Branch of
the Real Property Division of the Department of
Finance, County of Hawai`i, unless the Borrower
provides an independent appraisal which indicates a
more accurate value estimate. The independent
appraisal must be completed within 90 days of the loan
application. The existing liens together with the loan
amount may not exceed up to one hundred twenty percent
(120%) of the assessed value under the following
conditions:
1. One hundred percent (100%) if the homeowner(s)
have lived in the home less than 1,825 days (5
years), or
2. One hundred ten percent (110%) if the homeowner(s)
have lived in the home between 1,825 days (5
years) and 3,650 days (10 years), or
3. One hundred twenty percent (120%) if the
homeowner(s) have lived in the home over 3,650
days (10 years).
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3.5 TERM AND PAYMENT
a. Deferred Loan
1. Principal and interest payments may be deferred
for fifteen (15) years at such time full payment
is due and payable.
b. Amortized Loan
1. Payments: Borrowers are expected to pay at least
thirty percent (30%) of their gross income toward
housing costs, which include the sum of all
mortgage loan payments, lease fee on leasehold
estates, homeowner and liability insurance, real
property tax, and the cost of utilities. Former
owners with a remaining life interest are also
expected to pay at least thirty percent (30%) of
their gross income toward housing cost.
2. Repayment Analysis: A loan repayment analysis
shall be performed for all income eligible
applicants to determine the applicant's ability to
repay the loan. No loan shall be granted unless
sufficient household funds are available for loan
payments and no loan shall be granted where a
repayment delinquency is likely to occur. No loan
shall be granted with a deferred repayment period
unless the applicant can show the ability to make
loan payments after the deferred period.
3. Loan Terms: All loans shall be fully amortized
over the term of the loan. The OHCD shall review
each loan applicant's ability to pay to establish
the term of the loan. The OHCD shall select the
shortest loan term available that maintains
affordable monthly payments for the loan
applicant. Loan terms are available at five, ten,
and twenty year periods. The maximum amortized
repayment period for rehabilitation loans are as
follows:
Maximum
Loan Amount Loan Term Repayment Period
$2,500 – $5,000 5 years Amortized 60 months
$5,001 - $15,000 10 years Amortized 120 months
$15,001– $25,000 20 years Amortized 240 months
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4. Extended Terms: Extended loan terms may be
considered for loans where the applicant
demonstrates that there is or will be a financial
hardship in repayment of the loan. The applicant
must provide documentation to justify that their
household income is not sufficient to provide for
an adequate standard of living with the standard
or existing loan repayment terms established by
the OHCD. Any extended terms shall be approved at
the sole discretion of the Housing Administrator.
Extended terms may be provided as either or both
of the following methods:
a. Longer repayment period, provided that the
amortized period for the repayment of the
loan shall not exceed 240 months, and/or
b. For existing loans only, defer the monthly
payment requirement for a period of three
months to five years, as determined by the
OHCD, through a forbearance procedure, where
the requirement to make monthly payments is
temporarily suspended until the end of the
deferral period when monthly payments are
again required. Interest shall continue to
accrue during any payment deferral period.
c. Preferred Terms: THIRTY PERCENT (30%) of the principal
balance of the loan, may be forgiven as a grant to an
Applicant if he/she or any member of the household is a
member of any one of the following groups:
1. Elderly person 62 years of age or older.
2. Disabled person as defined by 24 CFR 5.403 when
the condition is verified by appropriate
diagnostician such as physician, psychiatrist,
psychologist, therapist, rehabilitation
specialist, or licensed social worker, using the
HUD language as the verification format.
d. The terms of the THIRTY PERCENT (30%) Grant and the
remaining SEVENTY PERCENT (70%) of the principal
balance of the LOAN provided under Subsection c.
Preferred Terms, above, shall be consistent with
Section 3.0 LOAN SPECIFICATIONS, of these rules.
e. The applicant must also remain the owner-occupant of
the dwelling unit for one year after the closing of the
Loan. The closing of the loan is the first date the
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Notice of Completion is published in a newspaper of
general circulation.
f. If applicant chooses to pay off the loan before the one
year period after the closing of the loan, the
applicant will be required to pay the full Mortgage and
Note amount.
3.6 CREDIT HISTORY AND INCOME VERIFICATION
a. Credit Report: The applicant shall authorize the
County to request written credit reports from the known
creditors on all outstanding applicant loans. A credit
rating company may also be utilized. These reports may
be used to establish a credit history for the applicant
to determine credit worthiness.
b. Employment and Bank Account Verification: The
applicant shall authorize the County to request written
verification of employment from the applicant’s
employer and verification of income from other sources
of income. The applicant shall also authorize the
County to request written verification of the
applicant’s bank deposits and other savings and
investment accounts.
c. Credit Risk Loan Denial: Information acquired from
employment and bank verifications, or credit reports,
which indicate that an applicant may be a credit risk
shall entitle the County to review each case and
determine the applicant’s loan eligibility. In the
sole discretion of the Housing Administrator, poor debt
service history in the repayment of loans, especially
mortgage loan delinquency, or insufficient income may
be deemed to constitute a credit risk. The
determination that a rehabilitation loan applicant is a
credit risk shall be sufficient reason for denial of a
rehabilitation loan.
3.7 PLEDGED SECURITY
a. Fee Simple Estates.
1. Mortgage and Note: All approved rehabilitation
loans shall require all legal owners of the
property to sign a Mortgage and Note to protect
the County from possible losses. The Mortgage and
Note will be recorded with the Bureau of
Conveyances, State of Hawai`i, or the Assistant
Registrar of the Land Court, as applicable.
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3.8 ACCELERATION OF LOAN
a. Sale, Conveyance, or Transfer of Property. The
outstanding balance of the loan, including the
principal amount, interest due, late charges, and any
other amounts that may be due shall be immediately paid
in full to the County upon the sale, conveyance, or
transfer of any possessory interest, in any manner
whatsoever, of the real property rehabilitated under
this loan program, unless transfer of title to the
property is through the laws of descent or by devise of
the maturing of a future interest to a family member
who would otherwise qualify under the rules established
by the County for the RRP.
b. The outstanding balance of the loan, including the
principal amount, interest due, late charges, and any
other amounts that may be due shall be immediately paid
in full to the County when an owner relocates from the
rehabilitated dwelling unit to establish residence at
another location.
3.9 RE-ISSUE OF LOAN
a. Transfer Property to Heir. Rehabilitation loans may be
re-issued to a legal heir of the deceased borrower of
the rehabilitated real property. The re-issuance will
only be allowed where transfer of title is through the
laws of descent or by devise or the maturing of a
future interest to a family member who would otherwise
qualify under Section 4.0 APPLICANT ELIGIBILITY of
these regulations and who receives full, undivided
interest in the real property or who receives a partial
interest in the real property and all others with an
interest in the real property agree to execute and re-
issue the Mortgage and Note, whichever is applicable.
Loans shall only be re-issued where a new borrower is
income eligible and resides in the rehabilitated
dwelling. The terms of a re-issued loan payment shall
be revised, if necessary, to eliminate any payment
deferments and require payments consistent with
Subsection 3.4 UNDERWRITING STANDARD, above. The new
borrower shall pay for all expenses related to the re-
issuance of a rehabilitation loan.
3.10 CONTRACT
a. The RRP will require all legal owners of the property
to be prepared to sign:
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1. A Mortgage and Note to protect the County from
possible losses. The Mortgage and Note will be
recorded with the Bureau of Conveyances, State of
Hawai`i, or the Assistant Registrar of the Land
Court, as applicable, and
b. If the Applicant qualifies for a grant consistent with
Subsection 3.5 c. Preferred Terms, the Applicant will
be required to sign a Grant Agreement.
3.11 LIFE ESTATES AND TRUSTS
a. Non-Eligible Heirs. If an owner with an existing
rehabilitation loan wants to create a life estate or
trust where the title to the real property is to be
transferred to another party, but retains the right to
occupy the property for the duration of their life, the
owner shall pay the County all monies due under the
rehabilitation loan or the County may re-issue the
existing loan for a new, revised loan that enjoins the
new owners of record into the Mortgage and Note or loan
guaranty from the County. The owners shall pay $50.00
for all expenses related to the re-issue of the
rehabilitation loan.
b. Eligible Heirs. If a remainderman or trustee of a
proposed life estate or trust is a family member who
would otherwise qualify under the rules established for
the RRP, the County may re-issue the existing loan for
a new, revised loan, pursuant to Subsection 3.9 a.
Transfer Property to Heir, above, that enjoins the new
owners of record into the Mortgage and Note or guaranty
from the County.
3.12 CHANGE OF TENANCY
a. At the discretion of the Housing Administrator, the
applicant may be allowed to change the tenancy of the
real property repaired and encumbered under this
program, provided however, the homeowner remain
eligible under Section 4.0 APPLICANT ELIGIBILITY, of
these rules.
b. Cost and Expenses: The homeowner may be charged a fee
of $50.00 to prepare the amended documents, recordation
fees and other applicable administrative processing
costs.
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3.13 FAILURE TO MAKE PAYMENT AS REQUIRED
a. Late Charge for Overdue Payment(s): A late charge of
10 percent (10%) per year will be paid for each
calendar month, or fraction of a calendar month, on the
outstanding balance or all amounts due and owed under
the Mortgage and Note which have not been paid within
fourteen (14) days of the due date. At the sole
discretion of the Housing Administrator, late charges
may be forgiven if a borrower submits a written appeal
and is able to document prolonged economic hardship.
b. Default: The borrower will be in default if he fails
to make payment(s) as required or breaches any of the
terms and conditions of the Mortgage and Note. Without
prior notice, the County may immediately demand payment
in full for all amounts due and owed. The Housing
Administrator may, at his discretion and for good
cause, grant the borrower up to ninety (90) days to
cure any default. Any such extension does not waive
any of the County’s rights.
c. Payment of County's Cost and Expenses: The County has
the right to charge the borrower all reasonable costs
and expenses, including attorney's fees and court
costs, caused by the borrower's failure to pay.
3.14 PREPAYMENT
a. There is no charge or penalty for prepayment of the
principal amount at any time.
3.15 PLACE OF PAYMENT
a. The principal amount, interest, late charges or any
other amounts due under the Mortgage and Note shall be
paid when due to the County or at such other place as
the County may designate.
3.16 APPLICATION OF REGULAR PAYMENTS AND PREPAYMENT
a. Application of Payments: Any payment made in
conjunction with a rehabilitation loan shall be applied
as follows:
1. first, to pay any applicable periodic payments for
real property taxes, assessments, property and
liability insurance that the County requires.
2. next, to pay all late charges,
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3. next, to pay all interest accrued,
4. next, to pay all monies advanced by the County to
protect the property and all collection cost, and
5. last, to pay the principal of the loan.
b. Any loan payment made in excess of the regular monthly
loan payment amount shall not excuse the borrower from
paying the next monthly loan payment when due and shall
not delay the due date of the next payment.
3.17 LOAN SERVICING
a. Loans shall be serviced by the County or by such other
organization as the County may designate.
3.18 PAYABLE TO DIRECTOR OF FINANCE
a. All loan payments shall be payable to the Director of
Finance or by such other organization as the County may
designate.
3.19 SUBORDINATION OF MORTGAGE
a. Request to the County to subordinate its mortgage for
another mortgage to be placed in a lien position senior
to the County’s mortgage shall only be considered under
qualifying circumstances. The provisions of Section
3.4 UNDERWRITING STANDARDS, shall be maintained, which
would require that for the County to subordinate its
mortgage position, the debt to value ratio of all
mortgage loans and liens of record in position senior
to the County’s mortgage, the County’s mortgage, and
the mortgage to be granted a senior position to the
County’s mortgage. The County reserves the right to
inspect the property where additional improvements are
to be made, or to require proof of payment for medical
or education expenses. The qualifying circumstances
for the County to subordinate its mortgage position are
as follows:
1. To refinance an existing mortgage loan where new
funds are advanced to take cash out or refinance
other debts, provided the total of all liens
including the rehabilitation loan shall produce a
debt to value ratio pursuant to SECTION 3.4
UNDERWRITING STANDARDS,
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2. To make necessary improvements to upgrade the
property to meet current building code standards
or to meet the special need of the family
occupying the home. Improvements that qualify
under the RRP are eligible items. Luxury items
are not eligible,
3. To finance unusual or continuing medical expenses
for a chronically ill or disabled family member.
b. For the County to consider a request to subordinate its
mortgage, the borrower must furnish the County with
current property and financial information, including
but not limited to the following:
1. New loan application furnishing the County with
current financial information of the borrower.
2. Current Real Property Assessment card or
appraisal.
3. Name of proposed lender.
4. Amount of proposed loan.
5. Purpose of proposed loan.
6. Term of proposed loan.
7. Interest rate of proposed loan.
8. Monthly payments of proposed loan.
9. Copy of current title search obtained from a title
insurance organization licensed to do business in
the State of Hawai`i.
c. The County also reserves the right to amend the terms
of its loan as a condition for granting the
subordination request based on the current financial
information provided by the borrower.
d. Subordination request will not be considered for home
equity credit lines.
3.20 OWNER ASSETS
The County may deny a Loan if assets from insurance
settlements, recoveries or other resources obtained
from or related to the real property to be
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rehabilitated prior to or in conjunction with a
rehabilitation Loan, are not expended on repairs.
4.0 APPLICANT ELIGIBILITY
4.1 CONFLICT OF INTEREST
a. To avoid conflict of interest, members of the governing
body and the OHCD staff are ineligible from
participating in the RRP.
b. A State, County or Federal employee would be eligible
for the RRP or contract for construction service
rendered if the employee is not serving in a capacity
which would influence the OHCD's decisions or who
formulates policy with respect to the RRP.
4.2 DISCRIMINATION PROHIBITED
a. Pursuant to the Fair Housing Act of 1988, no person in
the United States of America shall on the ground of
race, color, national origin, religion, familial
status, sex, or disability be excluded from
participation in or be denied the benefits of or be
subjected to discrimination under any housing program
or activity and pursuant to Chapter 515 of the Hawai`i
Revised Statutes, no person in the State of Hawai`i
shall on the ground of race, sex, color, religion,
marital status, familial status, ancestry, disability,
age, or HIV (human immunodeficiency virus) infection be
excluded from participation or be denied the benefits
of, or be subjected to discrimination under any real
property program or activity.
4.3 INCOME ELIGIBILITY
a. Owner borrower shall be income eligible from the time
of application for a rehabilitation loan through
execution of loan documents. After execution of loan
documents, the future income of the owner will not have
any affect on the status of their rehabilitation loan.
b. Adjusted Gross Annual Income: The occupant’s adjusted
gross annual household income is considered in
determining eligibility. Current income status will be
verified through pay stubs and third-party
verification. Applicants must provide the County with
a copy of the previous year's Federal Income Tax Return
and State Income Tax Return and the last three months'
pay stubs or other evidence of income for all income
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earners in the household. Any occupant income derived
from a self employed business shall be the gross income
less the direct expenses incurred to produce the self
employed income. Salaried incomes are to be converted
to applicable yearly compensation by multiplying
average weekly income times 52 weeks.
c. Live-in Attendants: In determining household income,
the income of live-in attendants will not be considered
when a medical doctor verifies the necessity of a live-
in companion, nurse, or attendant.
d. Shared Housing Concept: The shared housing program
consists of two or more related or unrelated
individuals living in the same house. The two
individuals share housing needs, which include
physical, emotional or financial cooperation. The
County will review each case to determine household
income.
e. Income Limits:
1. The income limits for the RRP shall be the limits
used by the Hawai`i Section 8 Rental Assistance
Program, which administers rental subsidies for
the County for HUD. These income limits for low
income and moderate income families are developed
in accordance with Section 3(b)(2) of the United
States Housing Act of 1937. As prescribed by the
housing legislation, the limits for low and
moderate income families are based on 80 percent
(80%) of the median income for the area, with
adjustments for smaller and larger families.
2. As required by statute, adjustments have been made
in the income limits for smaller and larger
families by using the four-person family as a base
and applying percentage adjustments for various
size families as follows:
NO. OF PERSONS IN FAMILY & PERCENTAGE ADJUSTMENTS
1 2 3 4 5 6 7 8
70 80 90 Base 108 116 124 132
3. Income limits are approved for families larger
than eight persons, although they are not included
in the printed lists because of space limitations.
For each person in excess of eight, 8 percent of
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the four-person base should be added to the eight-
person income limit. (For example, the nine-
person limit equals 140 percent of the relevant
four-person income limit.) All limits developed
by the use of these factors are to be rounded to
the nearest $50.
4. The HUD Area Office in Honolulu provides the
County with a median income amount for the Hawai`i
area. This median family income is revised
periodically, and the RRP will use the most
current median income base available.
5. For the purpose of this program, family income and
household income shall be synonymous. All
applicable household occupants shall be considered
for determining eligibility under Section 8 family
income limits.
4.4 ADJUSTED INCOME
a. An applicant's adjusted gross income, as defined for
purposes of reporting under IRS Form 1040 for
individual Federal annual income tax purposes, shall be
used to determine income eligibility.
1. If the applicant does not file a Federal Income
Tax Return, the applicant must file with the RRP
application a Certification of Non-Filing of
Federal Income Tax Return.
b. An applicant's adjusted gross income, as defined for
purposes of reporting under IRS Form 1040 for
individual Federal annual income tax purposes shall be
adjusted if circumstances as reported on the IRS form
1040 have changed or will change in the upcoming 12
months.
4.5 OWNERSHIP
a. The applicant must be a legal owner of record for the
property to be repaired for at least one year prior to
filing a Loan application and will remain as legal
owners for one year after the closing of the RRP loan.
Verification of ownership will be confirmed by an
official recorded deed to the property. The OHCD will
further confirm ownership through the State of Hawai`i
Bureau of Conveyances - Official Public Records and the
Real Property Tax Office websites. Ownership is
defined as being listed as a grantee on the deed for
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the property.
b. All owners of record must agree to encumber the
property to be repaired.
c. The applicant will execute a Certification of Legal
Owners that requires the applicant to certify that they
have been legal owner for at least one year prior to
Loan application and that the applicant will remain as
legal owners for one year after the closing of the
Loan. Failure to comply will constitute just cause for
the County to call the loan immediately due and
payable.
4.6 OCCUPANCY
a. The applicant must be an occupant of the dwelling to be
repaired for at least one year prior to filing a Loan
application. Verification of occupancy may be
confirmed by real property tax exemption filing date,
home address, mailing records and/or neighborhood
survey.
b. The OHCD may monitor each rehabilitation loan to
confirm compliance to the applicable occupancy
requirements. Violation of the occupancy requirement
may result in acceleration of the maturity of the loan.
5.0 PROPERTY ELIGIBILITY
5.1 LOCATION
a. The dwelling to be repaired must be located on the
Island of Hawai`i, County of Hawai`i, State of Hawai`i,
United States of America.
b. The dwelling located in a Flood Hazard Area indicated
on the Flood Insurance Rate Maps of the National Flood
Insurance Program of the Federal Emergency Management
Agency is eligible if that dwelling receives a RRP loan
that is not more than 50% of the value of the structure
before rehabilitation. A dwelling that receives a RRP
loan that is more than 50% of the value of the
structure before rehabilitation and is located within
the flood boundaries is ineligible, unless all flood
hazards are mitigated pursuant to the eight-step
process under Executive Order 11988, Flood Plain
Management, and adequate flood insurance coverage is
provided by the owner. Any Loan for a dwelling in a
flood area requires additional processing for
7019RBLA -16- RRP RULES/07-07-2016
eligibility.
c. Repairs to a dwelling located in a Special Management
Area (SMA) under the jurisdiction of the Hawai`i
Coastal Zone Management (CZM) Program shall be
consistent to CZM rules and regulations.
1. The homeowners must provide documentation from the
County’s Planning Department that the dwelling
located in a SMA is consistent to CZM rules and
regulations.
5.2 DWELLING QUALIFICATION CHARACTERISTICS
a. Single family dwellings owned in fee simple will be
eligible for RRP Loan.
b. Single family dwellings on leasehold properties will
NOT be eligible.
c. Single family dwellings on Department of Hawaiian Home
Lands (DHHL) are eligible as long as a master Agreement
between DHHL and the County remains in effect.
d. No multi-family units are eligible.
e. Upon completion of the repairs, the dwelling must be
safe, sanitary and decent in condition and able to pass
HUD’s HQS inspection.
f. Repairs are generally restricted to repairs of existing
dwellings, and no new construction is allowed.
However, if the existing family is living in the
dwelling in an overcrowded condition, additional
bedrooms and/or baths may be eligible under this
program. In order for an overcrowded condition to
exist, the following occupancy standards shall apply:
1. Each bedroom in the dwelling shall be occupied by
at least one person.
2. The dwelling unit should not require more than two
persons to occupy the same bedroom.
3. Every member of the family, regardless of age,
shall be counted as a person.
4. Age, sex and other factors such as disability of
members of the family shall be taken into
consideration in determining bedroom allotment:
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a. Any member of the family over 62 years of age
may be allotted a separate bedroom;
b. In cases of single parents and dependents,
separate bedrooms may be allotted to the
child and the parent;
c. In cases when the children are of opposite
sexes, separate bedrooms may be allotted for
each child except where one or both are below
seven years of age;
d. A person with valid medical ailments may be
allotted a separate bedroom, provided the
necessity for the separate bedroom is
verified by a signed statement from a medical
doctor and other supporting data; or
e. A handicapped/disabled person may be
allocated a separate bedroom if the OHCD
determines that such separate bedroom is
necessary.
5. A living room, den, recreation room, study, office
or family room in a dwelling may be counted as a
bedroom.
6. The following schedule shall be used as a guide:
NUMBER OF BEDROOMS PERSONS PER DWELLING
OR SLEEPING ROOMS MINIMUM
0 1
1 1
2 2
3 3
4 4
7. The dwelling unit should not require more than
five persons to use the same toilet or bathing
facilities.
g. The dwelling must be a completed residence prior to the
owner applying for the RRP. No incomplete dwellings
will be approved.
h. No Loan shall be granted where apparent violations of
the Comprehensive Zoning Ordinance, the Hawai`i County
Building Code or the Administrative Rules of the
Environmental Health Services, State Department of
Health, exist. The OHCD shall notify the homeowner of
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the apparent violation. The homeowner shall be
required to provide evidence that no violation exists
or to correct the violation. If a Building Code
violation exists, the owner shall correct the violation
before any further Loan processing is performed or
include correction of the violation as a repair item of
the RRP.
i. Lead-Based Paint Hazards. Any dwelling built before
January 1978 may have lead-based paint which could be
hazardous. If the applicant’s dwelling was built
before January 1978, the dwelling must be tested by a
State certified Risk Assessor. If lead-based paint is
detected in any areas where any proposed rehabilitation
work is to be performed, the lead-based paint hazard
must be mitigated. The OHCD will allow the cost to
mitigate any lead-based paint hazard as part of the RRP
loan.
5.3 TAXES
a. No applicant will be eligible for a Loan if any
outstanding or delinquent Real Property Taxes are due,
unless the applicant is on a payment plan with the Real
Property Tax Office.
5.4 TYPES OF IMPROVEMENTS
a. General Requirements: RRP improvements may include
substantial maintenance and repairs, which also
includes natural disaster related repairs and
improvements. All improvements must be physically
attached to the dwelling unit and shall be permanent in
nature. Improvements shall extend the physical life of
the dwelling or shall correct unsafe or unhealthy
conditions. No work will be permitted that violates
any code, ordinance regulation or law in effect at the
time of the application.
b. Eligible Improvements:
1. Any improvements and repairs required to increase
the economic life of existing dwelling units and
ensure a safe and healthy living environment
including natural disaster related repairs and
prevention improvements to the dwelling pre-
natural disaster;
2. Any improvements to increase the efficient use of
water through such means as water saving faucets,
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toilets and shower heads, the repair of water
leaks and the repair or upgrade of water catchment
systems;
3. Any improvements to remove, replace, repair or
upgrade a completed dwelling unit’s existing
plumbing system to comply with County Building
Code requirements;
4. Any improvements to remove, replace, repair or
upgrade unsafe electrical wiring and fixtures, or
to upgrade a completed dwelling unit’s existing
electrical system to comply with County Building
Code requirements;
5. Any improvements to replace, repair or upgrade the
structure of a completed dwelling unit if it was
constructed contrary to the provisions of the
County Building Code;
6. Removal of architectural barriers and/or the
construction of handicap improvements for the
benefit of disabled household members;
7. Connecting to the County sewer system and/or the
backfilling of any cesspool;
8. Construction of a new septic system or cesspool;
9. Fumigation when there is evidence of termite
infestation;
10. Construction of additional bedrooms or bathrooms
when an overcrowded household condition exists;
11. Interim controls of lead-based paint.
12. The installation of a solar water heater.
c. Ineligible Improvements:
1. Air conditioning, unless necessary for medical
reasons (supporting medical documents to be
provided by applicant);
2. New additions such as a den or family room not
necessary to correct an overcrowded condition;
3. Construction of any new residential structure;
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4. Completion of any incomplete or unfinished
improvements; and
5. Fences, walls (other than necessary retaining
walls), or sheds.
d. Other Improvements:
Any general home improvements not included as an
eligible repair may be included in the construction
contract of the rehabilitation program if all of the
following conditions are met:
1. All repairs identified for HQS conformance and
items generally necessary for extending the
economic life of the dwelling unit are included in
the construction contract;
2. Sufficient funds are remaining without the maximum
allowable amount to contract for other
improvements; and
3. Other improvements may not exceed 25 percent (25%)
of the total construction contract amount.
5.5 DWELLING ELIGIBILITY INSPECTION
a. Each dwelling proposed for repairs will be inspected by
one or more OHCD inspector(s) or official(s) to
determine the eligibility of repairs requested by the
applicant. In addition, the inspector will examine the
need for any other repairs that may be required to
conform to HUD’s HQS.
b. HUD's HQS Inspection Form #HUD-52580-A (04/15),
Section 8 Existing Housing Program Inspection
Checklist, will be completed for each dwelling
inspected for the RRP.
c. The OHCD will prepare a “Priority List of Repairs” that
shall list all items from the property that require
repairs and/or maintenance to preserve the unit and
extend its economic life.
d. If a dwelling is built prior to January 1, 1978, the
County will conduct a risk assessment for lead.
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5.6 DWELLING ELIGIBILITY CONFERENCE
a. Procedure: After review of HUD’s HQS Inspection
Form #HUD-52580-A (4/30/18), the OHCD will determine
the need to conduct a conference to discuss the
dwelling unit's eligibility for the RRP. If needed,
the conference will be conducted by an OHCD staff
member and perform the following:
1. Review HUD’s HQS Inspection Form #HUD-52580-A
(4/30/18);
2. List all repairs and improvements requested by the
applicant and list all other repairs needed;
3. Establish a priority sequence for all repairs and
improvements listed;
4. Review conformance of listed items to Section 5.2
DWELLING QUALIFICATION CHARACTERISTICS, of these
rules and eliminate ineligible items;
5. Identify all repairs necessary to preserve the
dwelling unit, which will be referred to as
Mandatory Repair Items;
6. Identify other eligible repairs that are
recommended by the Homeowner, if sufficient LOAN
funds are available after all Mandatory Repair
Items are funded;
7. Summarize the results of the proceedings into a
“Priority List of Repairs” that is comprised of
the Mandatory Repair Items and other eligible
repairs recommended by the Homeowner.
8. Summarize the results of a risk assessment for
lead if one is conducted for a home constructed
prior to January 1, 1978.
b. Upon review of HUD’s HQS Inspection Form #HUD-52580-A
4/30/18, if the OHCD determines that a Dwelling
Eligibility Conference is not necessary and the
applicant concurs, the OHCD will complete the “Priority
List of Repairs”.
c. Loan Approval: The result of the Dwelling Eligibility
Conference is Loan approval or disapproval. If the
OHCD determines a Dwelling Eligibility Conference is
not necessary, the OHCD will notify the applicant in
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writing that the Loan was approved. If a dwelling or
the requested repairs are determined to be ineligible
by the program rules, the applicant shall be notified
in writing by the OHCD with reference to the general
areas of failure. When a dwelling is determined
eligible, the applicant shall be informed in writing
that he/she is eligible for a rehabilitation Loan, and
that the items eligible for repair are specified on the
accompanying "Priority List of Repairs". This Loan
approval notice is a Loan commitment, since the amount
of the rehabilitation contract, the contractor
eligibility and the reasonable cost certification are
all future elements that must conform to the program
rules.
5.7 ELIGIBLE REPAIRS AND IMPROVEMENTS LIST
a. The OHCD will prepare the written document known as the
"Priority List of Repairs" from the results of the
inspection. The document will be approved by the OHCD
and submitted to the applicant. The applicant is
required to approve and sign the “Priority List of
Repairs” before the Loan may proceed.
b. The applicant may appeal for a reconsideration of the
eligibility of repair items dropped from its request
and/or for reconsideration of the priority sequence of
the approved items and/or addition of new repair or
improvement items not included in its original request.
Appeals from the applicant should be justified prior to
reconsideration by the OHCD staff. The final decision
shall be rendered by the Housing Administrator.
6.0 CONSTRUCTION CONTRACT REQUIREMENTS
6.1 SPECIFICATIONS
a. After the applicant has approved the “Priority List of
Repairs,” the applicant will contact a licensed
contractor and, if needed, have the licensed contractor
prepare detailed specifications for the work to be
contracted out. The specifications will describe the
work to be done and the materials, equipment and
fixtures to be furnished.
6.2 CONTRACT AWARD
a. Contract Award: The County shall notify the homeowner
of approval of the proposed contract price and prepare
a Notice to Proceed.
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6.3 CONSTRUCTION CONTRACT
a. Homeowner and Contractor Agreement: The construction
contract is a formal agreement between the homeowner
and the contractor to provide the repair services for
an agreed price. The County of Hawai`i is not a party
to the construction contract; however, the County, in
its role as lender, has the right to deny or withhold
progress payments when contractual provisions are not
followed.
b. Contract Provisions: The construction contract shall
include, but will not be limited to, the following:
1. Contract date;
2. Homeowner's name;
3. Contractor's name;
4. Contract amount;
5. Number of calendar days to complete the work;
6. Payment schedule; and
7. Itemized list of repairs.
6.4 SECTION 3 COMPLIANCE
a. The contractor is subject to the requirements of
Section 3 of the Housing and Urban Development Act of
1968, as amended, to provide training, employment and
business opportunities as set forth in 24 CFR,
Part 135.
6.5 NOTICE TO PROCEED
a. The contractor shall not begin any work until issued
the written "Notice to Proceed" authorization by the
homeowner and the OHCD. This proceed order may be
issued when both the contractor and the homeowner have
completed certain obligations specified in the
construction contract.
b. Contractor Requirements: Prior to being issued the
Notice to Proceed, the contractor shall:
1. Provide copies of applicable building, planning,
plumbing and electrical permits required to
7019RBLA -24- RRP RULES/07-07-2016
complete the work specified;
2. If applicable, provide a set of approved plans and
drawings, stamped by the Building Division,
Department of Public Works, County of Hawai`i; and
c. Homeowner Requirements: Prior to authorizing the
Notice to Proceed, the homeowner shall:
1. Complete financial agreements to pay for the
construction contract, including:
a. The Mortgage and Note;
b. Construction Contract; and
c. if applicable the Grant Agreement.
6.6 PROGRESS PAYMENTS
a. Payment Authorization: The contractor shall initiate
payment by request on the approved form. The following
shall approve payment by signing the payment request:
1. Homeowner;
2. Housing Inspector;
3. Special Program Coordinator
4. Division Manager; and
5. Housing Administrator.
b. Payment Schedule: Work progress payments will be based
on actual expenses accrued which will include materials
and/or labor.
1. There will be a TEN PERCENT (10%) retention of the
contract amount.
2. TEN PERCENT (10%) of the contract amount will be
paid when ONE HUNDRED PERCENT (100%) of the work
specified is completed and inspected, and the TEN
PERCENT (10%) retention will be paid FORTY FIVE
(45) days after the first Notice of Completion is
published in a newspaper of general circulation.
7019RBLA -25- RRP RULES/07-07-2016
7.0 APPLICATION PROCESSING PROCEDURES
7.1 APPLICATION PERIODS
a. Applications will be available and accepted for
processing on a year-round basis while funds are
available for RRP Loans. Applications will be
available and accepted for a waiting list when funds
are depleted and the agency anticipates additional
funding.
7.2 APPLICATION LOCATION
a. Applications may be picked up or mailed from the OHCD.
Applications can also be found on-line at
www.hawaiicounty.gov/office-of-housing. Applications
shall be submitted at the OHCD.
7.3 APPLICANT SELECTION AND PRIORITY
a. Applicant Selection: Applicants shall be processed for
eligibility in the order of the receipt (time stamp) of
their completed applications at the OHCD. Any
applicant may advance ahead of another applicant on the
selection list if all income and asset verification
documentation are received by the OHCD before that of
another applicant.
b. Application Priority: Priority shall be given to an
applicant residing in an area that has been declared a
disaster area by the President, Governor, Mayor or, in
his absence, the Civil Defense Administrator to be a
hazard or threat to the applicant’s health, safety or
welfare, resulting from a natural disaster.
c. Availability of Funds: The sources of funding for the
RRP are federal grants provided to the County. The
County periodically estimates the number and amount of
loan funds needed for the RRP and schedules funds to be
available when the need is anticipated. However, the
County cannot guarantee funds will be available when a
rehabilitation loan is approved.
d. Waiting List: The OHCD shall maintain a list of
approved loan applicants in order of the date the loan
was approved. Whenever all available funds have been
committed to approve loan applicants for approved
loans, the next approved loan applicant on the list
shall wait until additional funds are made available to
fund their loan. If one full year elapses from the
7019RBLA -26- RRP RULES/07-07-2016
date of loan approval to a loan closing date, income
eligibility of the occupant of the dwelling to be
rehabilitated shall be reviewed to comply with the
provisions of Subsection 4.3 INCOME ELIGIBILITY, above,
and dwelling qualification provisions may be reviewed
to comply with Subsection 5.2 DWELLING QUALIFICATION
CHARACTERISTICS, above.
7.4 CONFIDENTIALITY
a. All applicant information is confidential and shall be
available only to those OHCD staff, auditors, County
Attorney legal staff and financial institution lending
personnel who require applicant information necessary
to process the Loan applications.
7.5 APPLICANT PROCESSING PROCEDURES
a. The applicant shall agree to conform to the program
rules and be responsible to perform the following
processing procedures:
1. Submit the application and, if needed, be
interviewed by the appropriate OHCD staff or other
authorized persons;
2. Cooperate and assist the OHCD or other authorized
persons in compiling all documentation necessary
to evaluate applicant income eligibility during
the Loan approval process;
3. Notify the OHCD of any changes in household size,
household income, assets or use of the property to
be repaired;
4. Review, revise and/or approve the “Priority List
of Repairs”;
5. Review, revise and/or approve the proposal
document;
6. Select a contractor selection method, contact
contractors willing to perform and bid the work
specified, and submit invited contractor names;
7. Award and execute the construction contract;
8. Provide evidence of good title to property to be
encumbered;
7019RBLA -27- RRP RULES/07-07-2016
9. Execute Construction Contract;
10. Execute Notice to Proceed;
11. Approve contractor progress payments when eligible
for payment;
12. Cooperate with the contractor for the satisfactory
completion of the rehabilitation work; and
13. Repay the Loan amount according to the method
specified in the Mortgage and Note.
8.0 CONTRACTOR ELIGIBILITY
8.1 CONTRACTOR SELECTION
a. Allowable Methods to Select the Contractor: There are
two acceptable methods for the homeowner to select a
contractor for the repairs:
1.Negotiate with one contractor - The homeowner may
choose an eligible contractor and negotiate the
price for the contract.
2. Invitational bid - The homeowner chooses two or
more eligible contractors who are willing to bid.
b. Formal Bidding: Formal bidding procedures, such as
utilized by the Division of Purchasing, Department of
Finance, County of Hawai`i, shall not be used for the
RRP.
c. Homeowner Selection of Contractor: The homeowner has
the right to select any eligible contractor the
homeowner desires to perform the repairs. Where
invitational bids are called for, the homeowner should
select the low bidder to perform the repairs. However,
the homeowner has the right to reject the low bidder
for just cause. The homeowner shall notify the OHCD of
the homeowner's contractor selection.
8.2 CONTRACTOR'S LICENSE
a. General Contractor's License: Except for a contract
which specifies a single construction trade specialty,
all contracts shall be performed by contractors who
shall be licensed General Contractors in the State of
Hawai`i.
7019RBLA -28- RRP RULES/07-07-2016
b. Specialty License: When only a single construction
trade is contracted for, the contractor may be licensed
with the appropriate and applicable specialty license,
State of Hawai`i, in lieu of the General Contractor's
License requirement.
c. Subcontractor's License: Any work performed by other
than the General Contractor or his employees shall be
performed by a licensed subcontractor with the
appropriate State of Hawai`i specialty license. The
contractor shall inform the homeowner and the OHCD of
the names of any subcontractors to be used prior to
their performance of any work.
8.3 PROGRAM DEBARRED LIST
The following contractors are not eligible to participate in
the RRP:
a. Contractors listed on the “Debarred List” maintained by
the United States Department of Housing and Urban
Development, Department of Labor, or General Services
Administration;
b. Contractors listed on the “Debarred List” maintained by
the State of Hawai`i, Department of Accounting and
General Services, State Procurement Office;
c. Contractors determined by the County to be
unsatisfactory because of their prior performance under
any other previous rehabilitation loan program
contract.
8.4 CONTRACTOR'S INSURANCE
a. Public Liability and Property Damage Insurance: All
contractors must maintain not less than $300,000 public
liability (bodily injury) and not less than $50,000
property damage insurance during the life of this
contract.
b. Worker's Compensation Insurance: All contractors must
maintain insurance required by the Worker's
Compensation Law, as may be necessary to protect him
the homeowner and the County from any claims for
damages because of bodily injury, including death,
which may arise out of operations performed under
contract.
7019RBLA -29- RRP RULES/07-07-2016
8.5 CONTRACTORS PREFERENCE LIST
a. The OHCD maintains a list of contractors who may be
interested in participating in the RRP. Any
contractors who have participated in OHCD programs may
be included on the list, except “debarred” contractors,
pursuant to Subsection 8.3 PROGRAM DEBARRED LIST,
contractors determined by the OHCD to be unsatisfactory
pursuant to Section 8.6 CONTRACTOR DISQUALIFICATION.
8.6 CONTRACTOR DISQUALIFICATION
a. If the OHCD determines that a Contractor has violated
the Program polices and requirements, such Contractor
may be disqualified from participation in the Program
for such period as deemed appropriate by the OHCD. The
Contractor shall be notified in writing of the
disqualification and shall be entitled to a hearing.
Nothing in this rule is intended to give any Contractor
any right to participate in the Program.
1. The Contractor has been suspended from
participation by the Housing Administrator;
2. The federal government has instituted an
administrative or judicial action against the
Contractor for violation of the Americans with
Disabilities Act or other federal equal
opportunity requirements;
3. The Contractor has violated any contractual
obligations under the affordable housing program;
4. The Contractor has committed fraud, bribery or any
other corrupt or criminal act in connection with
any government program;
5. The Contractor has a history or practice of non-
compliance with any rules, laws or requirement of
the County; or
6. The Contractor has not paid local, State or
federal taxes, fines or assessments.
8.7 INFORMAL SETTLEMENT OF DISPUTES
a.In the event a Contractor disputes any action taken by
the OHCD and claims that such actions adversely affect
the rights, duties, welfare or status of the
Contractor, they may present a written complaint to the
7019RBLA -30- RRP RULES/07-07-2016
OHCD so that the dispute may be discussed informally
and settled without a hearing. (The complaint must be
filed within ten (10) business days after the dispute
arose or, if there was a written notification which
gave rise to the dispute, within ten (10) business days
from the date on the written notice.) A summary of the
discussion shall be prepared within ten (10) business
days and one copy shall be given to the complainant.
The summary shall specify the names of the Contractors,
dates of meetings, the nature of the proposed
disposition of the dispute and the specific reasoning
therefore, and shall specify the procedures by which a
hearing may be obtained if the complainant is not
satisfied.
8.8 HEARING ON DISPUTE
a. Request for a Hearing:
1. If a complainant is not satisfied with the
disposition of a dispute in the informal
discussion, he may submit a written request for a
hearing to the OHCD within ten (10) business days
after receipt of the written summary of the
informal discussion.
2. Form and Content of Written Request:
a. The written request shall contain each of the
following:
1. Name, address and telephone number of
the complainant;
2. A designation of the specific statutory
provision, rule, or order in question,
together with a statement of the dispute
involved;
3. A statement of the complainant’s
position or contention;
4. A memorandum of points and authorities,
containing a full discussion or reasons
or legal authorities in support of such
position or contention; and
5. The action or relief sought.
7019RBLA -31- RRP RULES/07-07-2016
b. Person Conducting Hearing:
The Housing Administrator or his duly authorized
representative shall conduct the hearing.
c. Notice and Conduct of Hearing:
The decision of the Housing Administrator shall be
final.
7019RBLA -32- RRP RULES/07-07-2016
9.0 RULES FOR RESIDENTIAL REPAIR PROGRAM
9.1 EFFECTIVE DATE
a. Original Program Rules: January 8, 1997
b. First Revision: April 15, 1997
c. Second Revision: September 10, 1998
d. Third Revision: February 12, 2002
e. Fourth Revision: March 24, 2003
f. Fifth Revision: July 1, 2007
g. Sixth Revision: August 1, 2016
DATE OF PUBLIC HEARING: July 6, 2016
I hereby certify that the foregoing are the full, true and
correct Rules and Regulations of the Residential Repair Program
as adopted by the Office of Housing and Community Development on
July 6, 2016.
RECOMMEND APPROVAL: APPROVED AS TO FORM AND
LEGALITY:
___________________________ __________________________
Susan K. Akiyama Deputy Corporation Counsel
Housing Administrator County of Hawai`i
Office of Housing and
Community Development
Date: _____________________ Date: ____________________
APPROVED:
BY: ___________________________
It’s
I hereby certify that the foregoing rule was received in my
office this __________ day of _______________, 2016.
__________________________
COUNTY CLERK
7019RBLA -33- RRP RULES/07-07-2016
County of Hawai`i
7019RBLA -34- RRP RULES/07-07-2016