HomeMy WebLinkAbout2017-04-04 HCHA Approved MinutesMeeting of the
HAWAI`I COUNTY HOUSING AGENCY
Hilo, Hawai`i
April 4, 2017
Agency Members Present
Aaron Chung
Maile Medeiros David
Karen Eoff
Eileen O’Hara, Ph.D.
Dru Mamo Kanuha
Susan “Sue” L. K. Lee Loy
Valerie T. Poindexter
Herbert M. “Tim” Richards III, DVM
Jen Ruggles
Absent and Excused
Excused --Arrived 9:43 a.m.
Staff Members Present
Neil S. Gyotoku
Lance Niimi
Sharon Hirota
Alan Rudo
Royce Shiroma
Amy Bautista
Guest Speaker
David W. Leake, PhD, MPH
Deputy Corporation Counsel
Amy Self
Members of the Public
Ron Amundson
Chris Cholas
Mrs. Poindexter (9:05 a.m.): Are we ready? Yeah, ok…okay we’d
like to get started, I’d like to welcome everyone to the Hawai‘i
County Housing Agency meeting. Today’s April 4, it is now 9:05,
we are here at the Hilo Council Chambers.
So I’m going to be serving as the Chair Pro Tem until we can
duly elect a Chair for this Hawai‘i County Housing Agency but at
this time I would like to call the meeting to order. I’d like to
introduce the members of our Housing Agency, to my far right we
have Mrs. Lee Loy, good morning; Ms. O’Hara, I’m assuming will
be joining us soon; Mr. Richards; Mrs. Eoff, to my far
left;…coun…Mr….I wanna say Councilmember and I….Mr. Chung has an
excuse, he will be joining us later; we have Ms. Ruggles, Mr.
Kanuha; and Mrs. David and I am your Chair Pro Tem Mrs.
Poindexter.
So before we get started and because this…we have new members on
the Council, there is a clear separation of duties as being a
Councilmember versus a Housing Agency member, because the duties
HCHA April 4, 2017
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are different I’m going to ask our Deputy Clerk, Jon….is Jon
here…oh okay…Jon Hendricks to come up…to try…explain to us what
the difference is…is and what we’re doing as the Housing Agency
Member versus the County…being a County Council Member.
Mr. Hendricks: Okay, very briefly, but good morning members of
the Hawai‘i County Housing Agency, Jon Hendricks, Deputy County
Clerk, County of Hawai‘i. As your fist meeting, just to be clear
if you would like to see the provisions for…the County
Provisions… for your role that its comprised of the nine Council
members you look to Article 13, Chapter 2 of our Hawai‘i County
Code, Division 1, which talks about the Hawai‘i County Housing
Agency. We did a fair amount of research on this topic because
we underwent revisions to this Article in 2014, I think Mrs.
Self is here somewhere, we had worked on that together and part
of that purpose of those revisions was to clearly delineate the
roles of the Housing Agency and the Council and as Housing
Agency Member Poindexter Pro Tem Chair just explained there is
clearly a separation of duties, this is not a legislative
function your serving. I wish I had a little bit more
information historically…I do have it…there is a lot of research
that’s done…maybe we’ll follow up with something written…e-
mailed to you folks just so you have the clear
background…weather that’s relevant or not we’ll provide that to
you. But again, it just that essentially that you’re a board and
when serve…when you meet as a housing agency you are the housing
agency, you don’t performs legislative functions, you
essentially meet as a board and provide input as the Office of
Housing and Community Development needs your services, so how
this all works essentially is that they create agendas for items
when they need your approval or input or to share information
with you and then we work…the Office of the County Clerk…works
with the Office of Housing and Community Development, just to
put these meetings together and coordinate…and again, the
Housing Agency is not a Committee of the Council, we just
schedule these meetings at this time because it’s convenient,
you all here and available, so just wanted to point out those
things that Housing Agency Member Poindexter asked to just make
those clear delineations on what you roles are and you know not
that I really understand it, I’m sure these people explain it
more but if you look to what powers and what your duties are its
in section 2-68 and it basically says:
“Obtain loans, insurance and guarantees from the State
or the United States, or subsidies from either as
applicable; and
HCHA April 4, 2017
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Enter into agreements, as applicable, with appropriate
officials of any agency or instrumentality of the
United States in order to induce such official to
make, insure, or guarantee mortgage loans under the
provisions of the National Housing Act, as amended.”
And then very quickly your role is really to provide adequate
housing in the county as you deem necessary, that general, so
it’s all about housing, it’s not about Council, if there is
matters that require legislative action that come to you as the
committee, weather its finance or housing or human services and
then you act on it as the Council.
Mrs. Poindexter: Thank you, thank you very much. Do we have any
questions for Jon on the Housing Agency? So everybody’s clear
with what our…our responsibilities are as Housing Agency
members? Okay? Thank you Jon. So at this time I would like to
take statement from the public on agenda items…and I don’t see
anyone…does anyone want to testify?
(no response)
Mrs. Poindexter: Okay? So, okay. So were moving on to the
approval of minutes. Can I have a motion to approve the minutes
of May 16, 2016?
Mrs. Eoff: So moved.
Mrs. David: Second.
Mrs. Poindexter: Its been moved by Council…Mrs. Eoff and
seconded by Mrs. David. Any discussion on the minutes? No,
okay…all those in favor say Aye.
All (present) said aye.
Mrs. Poindexter: All those opposed…okay we have eight ayes and
one excused (Aaron Chung). Okay, new business, so the
appointment of the Chair, so would anyone like to nominate
someone to be a Chairperson? Councilmember David?
Mrs. David: Yes, good morning and thank you Chair Poindexter Pro
Tem. I’d like to nominate Mrs. Eoff if she’d be willing…thank
you.
Mrs. Eoff: I’m in.
HCHA April 4, 2017
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Mrs. Poindexter: okay…
(inaudible; laughter)
Mrs. Poindexter: Is there any other nominations…any other
nominations?...
Mrs. Lee Loy: Motion now to close the nominations. I know how
this works…
Mrs. David: Second.
Mrs. Poindexter: All in favor of closing the nominations say
aye.
All (present) said aye.
Mrs. Poindexter: So doing a vote, Mrs. Eoff your willing to
accept the Chairmanship?
Mrs. Eoff: Okay, yes, I will.
Mrs. Poindexter: Okay. So we’ll move to approve Mrs. Eoff as
Chair, all those in favor say aye.
All (present) said aye.
Mrs. Poindexter: All those opposed…okay, eight ayes and one
excused (Aaron Chung). Now for Vice-Chair, any nomination for
Vice-Chair on this committee? Mr. Kanuha…you are raising your
hand to be a Chair?
Mr. Kanuha: I was waiving outside.
Mrs. Poindexter: Oh, okay (laughter) I thought…you…you
almost…you almost got…got him elected as Vice-Chair whoever you
are on the outside. Cause he was waiving his hand like yes I
want to be a Vice-Chair, so I don’t you may get nominated now,
who knows…any nominations?
Mr. Kanuha: I nominate Mr. Richards.
Mrs. Poindexter: Okay.
Mr. Richards: (inaudible)….I get enough on my plate.
Mr. Kanuha: Okay, who wants to be Vice-Chair?
HCHA April 4, 2017
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Mr. Richards: I nominate Dru.
Mr. Kanuha: No, no, no.
Mrs. Lee Loy: You know…I was going to say when your absent, you
actually get the hall pass so since Mr. Chung is absent…
Ms. Poindexter: Ohhhhhh, okay, that’s….okay, so we have a
nomination on the floor as Mr. Chung as Vice-Chair, any other
nomination?
Unidentified: No.
Mrs. Poindexter: Seeing or hearing none, okay, so nominations
are closed. All those in favor of Mr. Chung as Vice-Chair say
aye.
All (present) said aye.
Mrs. Poindexter: All those opposed…okay, eight ayes. Mr. Chung
is the Vice-Chair. So at this time…
Mrs. Lee Loy: Nobody going be absent ever again.
Mrs. Poindexter: At this time I’d like to turn this Housing
Agency meeting over to our newly elected Chair, Mrs. Eoff.
Mrs. Eoff: Okay, good morning. The next item on the agenda under
new business is the approval of the Housing Agency Plan for the
Housing Choice Voucher Section 8 Program for the County of
Hawai‘i. And I would like to ask our Housing Agency
Administrator to please introduce himself and go ahead with the
presentation.
Mr. Gyotoku: Good morning, my name is Neil Gyotoku, I’m the
Housing Administrator and I would like to introduce some of my
staff who are here today. I have my Deputy Lance Niimi, also my
Existing Housing Section, Sharon Hirota, my Housing Specialist
Royce Shiroma who does our IT, I also have Amy Bautista, my
Private Secretary and Amy Self, of course our Corporation
Counsel, like that. This morning…I’m sorry, Mr. Alan Rudo, he’s
my Housing Specialist, he’s also our fair housing person. Thank
you for the time Mrs. Chairman. First order of business, I
guess, would be the approval of the Public Housing Agency
Voucher Choice Five Year Plan and Annual Plan. I’d like to call
Mrs. Sharon Hirota up my Existing Housing Division Chief.
HCHA April 4, 2017
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Mrs. Hirota: So, good morning, my name is Sharon Hirota, I’m the
Division Manager for the Existing Housing Division and were here
today requesting your approval of our annual and five year plan.
This is a required document for the Housing Choice Voucher
Section 8 Program that we must file annually. So the plan
details what we as an agency that manages the Housing Choice
Voucher Section 8 Program will accomplish between July 1, 2017
thru June 30, 2018. The five year plan covers the period 2015-
2019 so it talks in general. These are HUD forms that the agency
puts out and we must complete to document our actions over the
next twelve months. Before we…before you take a vote on it, I
just also want to put on the record that a few weeks ago my
office staff either sent you information regarding…asking you
questions as to whether or not you are property owners on our
island and are renting those, and are renting it through the
section 8 program. We haven’t received all of our responses but
if your are currently a recipient as a landlord for section 8
monies, I have to ask that you refrain from voting cause there
may be a conflict of interest. I’m having…my staff this morning
called the ones that we are missing and is following up with
your individual aids to make sure we have that documentation in
our files.
Mrs. Eoff: So does that end your presentation?
Mrs. Hirota: Yes, yes it does, sorry.
Mrs. Eoff: I’ll open it up to Councilmembers and they can
continue to ask questions. Mrs. Lee Loy.
Mrs. Lee Loy: Hi good morning Sharon, Neil good morning…part of
your PHA plan you had a goal of expanding assisted housing and I
noticed that one of the measurable that you had was to continue
to look for additional funding and then I guess in July there
was an approval of 200 housing choice vouchers from Kauai? Share
with me that…that’s a lot. That’s a lot!
Mrs. Hirota: So in calendar year 2016 we received additional
funding from HUD based on our performance. We reached out to
other agencies within our State and Kauai County had gotten
vouchers after their natural disasters Iniki and Ewa. And so
they had these vouchers that were “on the shelf” that were
available but they had no funding. So we reached out to their
administration asking if they were willing to transfer theses
vouchers to our agency and it was approved by HUD on July 1st of
last year.
HCHA April 4, 2017
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Mr. Gyotoku: I would like to add that…I would like to add her
office has been diligently working and they’ve leased out most
of the vouchers and right now I think were at what 97%...
Mrs. Hirota: 98%
Mr. Gyotoku: 98% of our lease up.
Mrs. Lee Loy: So what’s that dollar amount?
Mrs. Hirota: The addition funding we got was 1.2 million
dollars. So right now we operate for housing choice voucher
around 15 million.
Mrs. Lee Loy: and then does that 200 in addition to what we had
stay in our inventory or do we ha…I…
Mrs. Hirota: stays in our inventory.
Mr. Gyotoku: We have a total of over 2000 housing vouchers.
Mrs. Lee Loy: okay.
Mrs. Eoff: Any other questions or comments committee members?
Mr. Richards.
Mr. Richards: Could you go over the…underneath your mission…you
talk about violence against woman act goals. Could you go over
that and just summarize that and what you’re doing with it and
where you are with all that.
Mrs. Hirota: So HUD places a big emphasis on ensuring that
individuals who may violate program rules because of domestic
violence situations are not put in the position where they will
become homeless or asked to leave and so they are, through what
they call the violence against woman act…so whether the violence
is against a woman or a man, if there is an incident that the
landlord is now saying…that because of the situation we want you
out of our unit…then we will step in and ensure that nobody
loses there voucher assistance. And that we will continue
providing rental assistance either at the unit or if somebody is
fleeing then the voucher assistance will follow them.
Mr. Richards: Follow up? Okay, so and it talks about a…a update,
do you have that as far as what you’ve been able to accomplish
with that or what you’ve been being able to deal with?
HCHA April 4, 2017
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Mrs. Hirota: So HUD just put out new publication in December of
2016 which we’ve already implemented. There’s additional notices
and information that we, not only need to get to our
participants of our landlord, but to applicants who are
interested in our program as well as to our landlords so
everybody…we need to make sure everybody is well aware that
these individuals who are victims of domestic violence are
protected.
Mr. Richards: Okay, could I get a copy of that, could you get
that to my office?...Thank you.
Mrs. Hirota: Sure…we’ll forward it.
Mrs. Eoff: Thank you Mr. Richards. Any other comments?
Questions? Mrs. O’Hara.
Dr. O’Hara: Thank you Chair. I just have a couple little
questions on page 8 of your report it mentions the self-help
program and I’m familiar with habitat for humanity housing
program but not so much the self-help, can you just give a
little background on that?
Mrs. Hirota: So the self-help program on our island is managed
by Hawai‘i Island Community Development Corporation or HICDC. So
our partnership with them is that as individuals increase their
earned income or in a position to become…to transition from
renters to home owners we connect with the non-profit to see how
we can get our families connected to their self-help program. So
far we’ve been fortunate enough that we have families who have
connected through units in North Kohala as well as in Hawaiian
Paradise Park in their latest project.
Dr. O’Hara: Okay, thank you.
Mrs. Eoff: Thank you. So at this time committee members I
believe we need to take a vote to approve the housing agencies
plan for the section 8 voucher program. All…all in favor please
say aye, oh wait, did I need a motion?
(inaudible discussion)
Mrs. Eoff: I’m sorry…
HCHA April 4, 2017
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Mr. Richards: I’ll move.
Mrs. Eoff: ….I think I should have asked for a motion to…we have
a motion to approve the housing agencies plan for the housing
choice voucher program?
Mr. Richards: I moved, she seconded.
Mrs. Lee Loy: Seconded.
Mrs. Eoff: Moved by Mr. Richards; seconded by Ms. Lee Loy. All
in favor say aye.
All (present) said aye.
[Note: record, 8 ayes (Aaron Chung excused)]
Mrs. Eoff: Thank you. Okay the next item is “D.” Highlights of
the Study prepared by Center on Disability Studies at the
University of Hawai‘i at Manoa presented by David Leake…I think
that’s how to pronounce it…Ph.D., MPH…is that correct? Mr.
Lea…..or Dr. Leake?
Response: David.
Mrs. Eoff: David, okay. Thank you. You may go ahead. Introduce
yourself again for the record.
Mr. Rudo: Well, I’m Alan Rudo, Office of Housing, Housing
Specialist.
Mrs. Eoff: Thank you.
Dr. Leake: Good morning Councilmembers, my name is David Leake
and I’ve been asked to help give a summary of a study we did.
I’m with the Center on Disabilities Studies at the University of
Hawai‘i at Manoa. So we have a power point presentation and at
any time you can just ask questions if they come up. So we did
this study because HUD requires jurisdictions that get federal
money for housing to do a study of what they call impediments to
fair housing choice. And every five years I think they have to
submit and our Center on Disabilities Studies was contracted by
8 different agencies state and county level so we can do the
statewide study and submit that to HUD. We were contracted
because the fair housing work group decided that…to focus on
disability population and this report, because disability is the
most common basis for complaints about discrimination in fair
housing. Oh by the way, you’ll see a um, website, if you click
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on that, you would get the full report…electronic version. Am I
speaking too loud?
(inaudible discussion)
Dr. Leake: So I’m just going to talk about two basic issues for
people with disabilities and focus on the Hawai‘i, Big Island
issues. So first of all we have the affordability challenge.
Because people with disabilities tend to be in the lower income…
over represented…among low income people. So if you look at the
disability rate for Big Island, it’s said to be, according to
American Community Survey, 13.3% or so, of Big Island residents
are considered to have disabilities by their self report and you
compare that to 11.1% for the State and 12.3% for the country so
Big Island has a slightly higher disability rate than many other
places. If you look at the senior population 65 years and older
it’s a much higher rate, of course, 39.0% and then also look at
the poverty rate, which is quite high for people with
disabilities at almost 25% and that’s compared to about 19% for
all Big Island residents and also look at employment, the
reported employment rate for Big Island people with
disabilities, that’s the working age (18-64) is only about 29%,
compared to about 65% for all Big Island residents in that age
group. So you can see, you know, people with disabilities are
likely to have issues in affording housing. And especially
consider people with more severe disabilities qualify for social
security income, and for many of them that’s their main income.
The rate in 2014 was only 721, I think its 735 now. That only
covers 78% of the rent for just a studio apartment on the
neighbor islands.
And the other associated challenge is accessibility. For many
people with disabilities have mobility impairments. Using
wheelchairs, walkers, etc. One issue is that most affordable
tends to be the older housing and less likely to be accessible.
So in town areas you have walk up apartment buildings without
elevators and rural areas you have a lot of single family homes
that are raised above the ground so you’ve gotta have steps
going up to the door and wheelchair ramps are expensive, so
that’s an issue. In our report we have a lot of complaints
because in the section 8 vouchers there’s a time limit of, I
think, well it depends, but whether its 30 or 60 days, a lot of
people with say a wheelchair or access issue cannot find such a
place within that time limit. So in our report we did look at
recommendations that are out there for affordable housing
increase. So in our report we had all these, sort of, summaries
of recommendations that came up from people we interviewed so
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these are some of the things that came out, either through
personal interviews or reports that were made on…on this issue
by other organizations. So of course there’s the issue of ADUs
(Accessory Drilling Units) which they’ve have started on Oahu,
that’s something to consider. Here on the Big Island the idea of
allowing more single wall homes, that could reduce construction
costs and increase affordable housing. The big advantage on Big
Island is low land prices compared to the other islands so maybe
there’s more opportunities to build subsidies housing that could
be rented more cheaply. For the UH college campuses, maybe UH
should be building more dormitories for their students which
would free up housing in the neighborhoods. Something that came
up, especially on Oahu, at this point was…homes are not allowed
to have more than one kitchen. Which was to prevent too much use
of these home for rentals, to separate them into rental units.
But if you want to increase affordable housing maybe you should
allow multiple kitchens in a…one structure. Something that came
up, especially for people with disabilities, that are very…what
I call developmental disabilities, such as down syndrome, they
have a lot of supports from the government, so they could live
in a unit and they might get…somebody would be hired to come in
and help them stay there and do their chores and support them.
But there’s sort of…the idea is there should be a way for two or
three of them to combine there section 8 vouchers so they could
get say a two or three…four bedroom place, where several could
stay together and then they could have a caretaker, to take care
of all of them. Also, Department of Health requirement that
homes, if they add a bedroom…this is pretty relevant for Big
Island, would have to upgrade from cesspool to septic system, if
they add a bedroom…so if there’s an exemption to that, that
could increase affordable housing. And then in our report when
you really just look at the accessibility issue for affordable
housing…it would be good…if it could be located within in
walking (inaudible) of rural town centers. On the Big Island you
have large areas where people might live and need transport that
are hard to reach so that paratransit service could be stronger
and that would allow them to live in more low cost areas. Revise
zoning requirements, so accessible home construction is required
by your building and zoning codes. Then HUD has this requirement
for all publicly financed housing to have at least 5% units to
be physically accessible and 2% sensory…what they call sensory
accessible. But there’s no requirement, that, that can’t be
increased by your local jurisdictions…you could increase the
percent…those percentages. And finally, you could require all
new housing, even with private financing, not just public
financing, to have accessible features. And that’s call
visitable housing. So the rest of this presentation all try to
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go briefly over a case for visitability. So visitable housing
that means, the housing is called visitable because people with
mobility impairments are able to thereby visit their friends,
their neighbors. So there are stands that have been developed
for accessibility in US and international building codes and the
lowest level is called type C or visible. So here are listed the
six features, the most essential or common is at least one zero
step entrance; and interior doors at least 32” wide; and on the
ground floor a bath that they can…a bathroom that they can
use…that’s accessible; and you want for long term use, bathrooms
often for people with disabilities they need grab bars so they
can do it themselves without help, so the idea is bathroom walls
should be reinforced at construction time so they can be…those
grab bars can be installed later; and then less common but part
of visitability would be space to maneuver a wheelchair in food
preparation room and light switches and electrical outlets that
are in comfortable reach, not too high, lot too low. This is
just a slide I cockroached from another power point, it just on
the left side, you see…this survey found that in fact people
with mobility impairments do not leave their homes quite often.
Only 55% are said to leave their homes…I forget, you know, how
often their measuring…but it obviously a big difference between
them and people without mobility impairments. And another big
issue about visitability is the concept of aging in place. Which
means that the home is already, you know, constructed so that if
somebody who lives there ends up needing to use a wheelchair or
have some other mobility device that they can easily get around
the home and stay there. It doesn’t have to be modified, which
costs a lot, or they don’t have to even go to a care facility,
which is really expensive and of course people want to stay
where they’ve lived…you know, been living. And the
association…The American Association for Retired Persons (AARP)
is, of course, a big proponent of that. And we can say Hawai‘i
has a greater need for aging in place, housing, compared to
other state actually because we have the Nation’s fastest
growing population of seniors. It’s been dubbed a silver tsunami
because it threatens to overwhelm our health and elder care
systems. Here’s a…a graph from our report, and you’ll see the
top two bands are elderly 85+ years is the top tannish band and
the greyish band is the elderly 65-84 years, so from 1980 to
about 2030 that proportion of the population will increase by
about 3x from about 8% to 25% or 23%. So that’s something to be
aware of. This is another slide I cockroached. This was a study
of…nationwide, urban versus rural. And you can just see that
most housing does not have these essential features for
accessibility such as step down (inaudible), inaccessible
kitchen, the big rural urban difference is rural lacks elevators
HCHA April 4, 2017
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when there’s stairs that have to be go up…that have to be used.
So those slides I just showed I have this slide added because it
has a web address for the home usability network so if you’re
interested in finding out more they have a lot of materials and
videos and publications. Because Big Island is rural this
organization is…Montana…University of Montana, so they are very
focused on rural issues also. And a couple of picture to show
what we’re talking about on the left is a pretty typical home,
raised up above the ground, it has steps, and on the right is
your ideal stepless entrance. And it shows a lady with a baby
stroller, just to emphasize that this is something that
benefits, not just people in a wheelchair but many other people.
And then concerning bathrooms that always a big issue, on the
left is a typical kind of local bathroom, which is clearly
inaccessible, on the right is your ideal…its nice and open and
it’s got grab bars already installed. Were…were sort of
stressing that it good to consider visitable housing as soon as
possible because a lot of housing is in the pipeline across the
state. And this…this is from our report…it’s just showing
the…you know Hawai‘i Department of Business Economic Development
and Tourism projections from 2015 to 25, based on the growth of
the population, Hawai‘i county is projected to have the most
population growth at 29% over those 10 years and need…over
19…almost 20,000 new units it kinda incredible to believe that
that will happen. As those new homes get built, it would be nice
if they could be…the idea of visitability could be really
promoted for them. So across the country since 1990 there’s been
a lot of efforts to promote visitable housing and, you know,
there’s a lot of places its more…they give tax credits and they
encourage it. But you know, just looking at those, that hasn’t
resulted in much increase in visitable housing. The places where
it’s really worked…were its mandatory laws unfortunately…but we
do have a good model is Pima County Arizona, so the large
unincorporated area outside of Tucson had one of the first
mandatory visitability laws. And Tucson joined, I think in 2006,
4 years later. So this…in this example at first the builders
claimed this requirement would add 10-20 thousand dollars to
their building costs but you have to take other things into
consideration, so when we talk about a house for life if
visitability is built in from the start you don’t have to
modify…so if a family is looking ahead…they should want this
kind of house to begin with because otherwise…these are
estimates for Hawai‘i…adding a wheelchair ramp to an entrance
costs $3000-$10,000; making a bathroom wheelchair accessible
costs $8,000-$20,000; and strengthening the bathroom walls for
grab bars, your gunna pay about $500. In the slide it mentions,
there’ve been estimated, up to 70% of homes will have someone
HCHA April 4, 2017
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with a mobility impairment over their lifetime. So even if the
first people to move in are fine, eventually somebody’s gunna
need it. So I mentioned Pima County, they said from 2002 to
2010, of course Arizona had a big building boom at that time.
21,000 visitable homes were built over the next 8 years. I
quoted…there was visitability law proposed for the whole U.S.
and the building…main building person from Pima County wrote the
sub-committee in Congress and pointed out that with appropriate
planning that construction could result in no additional costs,
indeed the jurisdiction no longer receives builder complaints
regarding the ordinance and the ordinance has been so well
incorporated into the building safety plan review and inspection
processes that there is no additional costs to the county to
enforce its requirements. From a real estate perspective homes
built to the standard are deemed more marketable, but even more
importantly the accessible features of these homes remain
unnoticed when toured by individuals not seeking accessibility.
One of the initial concerns of the ordinance implementation was
that it would result in homes appearing institutional in nature,
this has not occurred within Pima County. So this brings up the
idea that multi-general…another way to look at it is not just
visitability but multi-generational living which is…Hawai‘i has
the highest rate of that, its 7.2% and only about 32% of
Hawai‘i’s older adults live alone compared to 41% nationally so
homebuilders are finding what they call multi-generational home
designs which are accessible but then you make sure your ground
floors have bedrooms and accessible bathrooms, so elderly family
members do not have to worry about going up and down stairs and
ideally you’d have a kitchen up and down also. That’s the
presentation.
Mrs. Eoff: Thank you very much.
Mr. Rudo: I did want to add a comment, you know, part of getting
this study done is, is you know, there was a lot of suspicion,
we do this study every 3-5 years because its federally mandated
and, you know, we were as the fair housing officers from the
different counties and state were talking, we were feeling that,
you know, Hawai‘i County is the low cost county for land and
that were going to be the ones housing people with disability,
especially Puna. And I think a lot of that came out with the
study. And I also wanted to tell you in that study there’s a lot
of other material about affordable housing in there, so please
take a look at it and I think you’ll find it an excellent study
to read with a lot of wonderful background about the history and
how we got to where we are today but there’s another term in
there that I think’s real important to bring out, it called
HCHA April 4, 2017
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universal design and I really like universal design because the
concept is that its…when you build this way it universal…its
good for us…it doesn’t look institutional…its good for people
without mobility issues and its good for people with mobility
issues and I think it’s a real…I’m really concerned about this
from the affordable housing issue because we have a big push to
get affordable units but we have the silver tsunami that
nobody’s really looking at, that’s coming and you don’t want to
put people into these housing units…lifecare and stuff 9 to 14
thousand dollars a month, you know, so were trying to look at
different solutions. So the disability rights group, Hawai‘i
Disability Rights and Disability Rights Hawai‘i are both making
efforts to try to get these efforts into law and their working
with our office and were actually trying to work with them to
see how we can bring this forward in a positive approach and try
to make carrots for people to embrace this. The low income
housing tax credit developers that I’ve talked to, they like
this, like the Keith Kato’s…and the guys…their doing the ADA
units and then their also doing most of um…the ground floor
accessible…to at least fair housing design requirements, so were
trying to get a lot more buy in from the developer but we
thought this was really important to bring forward because this
really is something I think is gunna come to forefront more and
more, you know, as the pressure for affordable housing and the
pressure to do something for these elderly family members, you
know, is something that we face. So anyways, I really appreciate
the study and I hope you guys get a lot of value out of it too.
Mrs. Eoff: Thank you Mr. Rudo. Councilmembers do you have any
questions? Ms. Ruggles…
Ms. Ruggles: Thank you, thank you for your presentation. I just
had a quick question. Is it on? On one of your slides and the
recommendations it says that we should allow for people with
disabilities to combine section 8 vouchers. Do you know how we
would do that?
Dr. Leake: I don’t know, I don’t even know if the federal
regulations would prevent that.
Mr. Rudo: You know, that’s something that’s come up and I will
actually take a look at it with Sharon and discuss it with her,
cause she’s not here right now, but one of the things I did
hear, and I want to check out before…before I bring it forward
but I was hearing something about them allowing them to rent
rooms with vouchers and if that is so that may be a case for
this. So I don’t know if that’s come to fruition here or if
HCHA April 4, 2017
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there’s steps because obviously the federal parameters are what
we have to follow, but it’s something that were going to look
into.
Ms. Ruggles: okay, great…thank you.
Mrs. Eoff: Thank you, Mrs. David…
Mrs. David: Thank you, Chair. Mr. Rudo, I just have one question
I think in follow up as you were doing your presentation I…the
thought came to my mind, when you…when that certain
seg…section…or segment of people of with disabilities are unable
to use their section 8 vouchers, what happens to them? do you
have them re-apply, and you tell them…they have…they can’t…you
know…I know…I know their expired…but I’m wanting to know what
happens to them? Do they go somewhere? What?...
Dr. Leake: They end up having to return their voucher and they
just continue wherever they were, which is probably an
inaccessible place.
Mrs. David: ….Right…wow! And…and, so…I think, Ms. Ruggles…Ms.
Ruggles question, and this is a federal program so another
suggestion I was thinking about is the possibility, especially
for the mobile class, is can they get an extension on a voucher
until they find some place…
Dr. Leake: I have heard they sometimes get maybe an extra 30
days.
Mrs. David: Or, you know, I’m thinking…
Dr. Leake: ….Eventually they just give up…
Mrs. David: ….right, the whole thing in my mind is their not
able to go around and pretty much look for places to…
Dr. Leake: ….That’s a big issue…is…
Mrs. David: ….right, so I’m just thinking, if they can get an
extension until they find something…I’m not sure how that would
work but it just seems to me that I feel sad that they have to
go back out because there voucher expired. That’s not a real
reason to turn…no…it’s not a funny matter…I’m sitting here
listening and I’m going but what happens to them?
Mr. Rudo: I’d like to answer that question…
HCHA April 4, 2017
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Mrs. David: ….thank you Alan…
Mr. Rudo: ….cause I work with that every day and it’s a sad
reality, they don’t go to the bottom of the list, their off the
list when they don’t find a place. Now, by Sharon’s program, she
automatically grants them an extension, okay, so they get, I
think its an initial 60 days and they can get another 30 or 60
day extension, but they can’t give too many extensions because
there’s the federal guidelines and then its done. And the
problem is these people aren’t like you and I were they can
easily go out and just check out any place so a lot of them wind
up, you know, in sub-standard housing…
Mrs. David: So therein lies the problem, we are mandated by the
feds to develop housing for this special class of people and yet
we hamstring them in their effort to look for housing, I’m not
sure how to fix that, but it concerns me.
Mr. Rudo: And it is…we are in…we are by law required to give
them a reasonable accommodation, because of their disability, to
give’um the extensions. And I know Sharon bend over backwards to
give’um as many extensions as we can.
Mrs. David: Well I’m glad to hear that because, you know, just
really sadden me to say that, what? It expires?...
Mr. Rudo: Yeah, with…
Mrs. David:….and then what?
Mr. Rudo: ….and with all the extensions…they still run out. It’s
hard for people without mobility issues to find housing…
Mrs. David: to find homes, right.
Mr. Rudo: ….in such a tight market…
Mrs. David:….and that’s my point…
Mr. Rudo: ….that, it’s a real big issue.
Mrs. David:…right. Well thank you very much and for all that you
folks do in trying to address this problem because it’s really,
it’s become a real huge one. Thank you. Aloha.
HCHA April 4, 2017
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Mrs. Eoff: Thank you. Everybody has their light on but Mrs.
Poindexter…I’ll go to her…
Mrs. Poindexter: How many County owned housing facilities do we
have on the Island?
Mr. Rudo: County owned?
Mrs. Poindexter: Yeah.
Mr. Rudo: Well we have…well when you say County owned…
Mrs. Poindexter: so like…Kula‘imano.
Mr. Rudo: well we have Kula‘imano, we have Kiniole, most of the
County projects we actually have are land and then we lease’um
to the developer and they build’um and manage’um and that a
model that we like actually better, at least my preference. But
we only have a handful of those…
Mrs. Poindexter: And those accept, I mean, those are a lot of
elderly housing units, but it allows for disabled…the disabled
population? Do we know what percentage do we allow in? or…
Mr. Rudo: Well most of um were build under just the ADA
guidelines and they have the 5%. So if you go to
Kula…Kula‘imano, I think it’s actually higher, I think it’s 10
cause there’s 50 units and there’s 5 mobility. And were
actually, under Neil’s direction, doing a lot to try to
upgrade…and I believe he just got money through CDBG to help
look at these issues…
Mrs. Poindexter: upgrade the ADA…
Mr. Rudo: ….with accessibility.
Mrs. Poindexter: Okay, and I don’t know, you know here we have
these gentlemen…I don’t…I would love to hear if there are any
issues that you have that we as agency members could advocate
for you at the federal level or would you want to come and
express some of that…those concerns that we need to look at? So
if you could come to the table I would love to hear…we would
love hear from you.
(inaudible)
HCHA April 4, 2017
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Mrs. Poindexter: Then if…I guess for the record, the minutes, if
you could state your name, for the record, and then you could
proceed, please.
(inaudible)
Mrs. Poindexter: Oh can you…can you…at the base…there you
go…thank you.
Mr. Amundson: My name is Ron Amundson, I’m a retired philosophy
professor from UH Hilo and I’m now working with a group called
Disabilities Rights Hawai‘i, I’m the Secretary of that group.
The real expert on the visitability issue which I think is the
largest issue is Chris Cholas…he left…he has a lot of specific
information about the visitability rules and things like that,
but just as an exa…just sorta as an example, I’ve talked with a
lot of people who deal with the section 8 vouchers and that time
limit is a really horrible thing…I mean…I’m…I’m…glad that Mrs.
David expanded on that because, I mean its just such a catch 22,
you get…so…now you can look for an accessible house but there
aren’t any accessible houses. You know, Philosophy professors
aren’t really rich but I own my own house and I…when I…when I
started to become seriously disabled, when I was about 40, I…my
wife and I had a contest, she looked for accessible houses that
we could buy, because we live in a plantation house and in the
meanwhile looking all over Hilo, wherever we could find one…in
the meantime, I looked for how to install an elevator and it
turned out that I won…we couldn’t find an accessible house. I
went out to…to locations at the time it was sunrise estates,
where there were houses being built and I would rush out there
to…to see the land and in many cases I would arrive and they had
the…the slab poured already, and the concrete slab was poured
with a lip of 7” to get into the doorway, so I…I was too late.
I’d have to get there before they poured the slab because the
rules for the builders are, you have to make your house
inaccessible…you have to make it so a wheelchair can’t get in.
And that’s just the standard. Why should…why should that be? Why
can’t we have a standard that says, you build a house so that
it’s accessible, so that a wheelchair can get in there. There is
no reason to build in concrete the 7” step to get into the
house. Its complicated to come up with visitability ordinances
or, you know, as David was saying carrots, I guess that was
probably Alan, but the carrots to try to convince people…its
gunna be really slow if all we have is carrots and unless we
have something…unless we have something to make people take
seriously the accessibility problem and its very difficult to do
that with a young couple who is building their first home and
HCHA April 4, 2017
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somebody tells them well you should be sure you can get a
wheelchair in there when you get older…there not gunna believe
that, I mean…I would never have thought I was going to use a
wheelchair…surprise…and I have friends who use wheelchairs. I
guess I should stop with that because it is a really serious
problem and it’s a problem even for people like me who can buy
their own home, I mean I’m ready to buy a home and I can’t find
one.
Mrs. Poindexter: Thank you very much. If…you wanna sta…if, yeah,
you wa…right there, press the button at the bottom and then
state your name for the record for the minutes.
Mr. Cholas: My names Chris Cholas, is that coming through…
Mrs. Poindexter: yeah.
Mr. Cholas: and I’m also on Disability Rights Hawai‘i, it’s a
non-profit with Ron and a few others. So we look at a variety of
issues that affect people with disabilities to make our county
more inclusive. On the housing, it a big one, I think if you
think about it, how many of these houses on the rental market
started as a private home? Someone built for them self? No
thinking about the future and now there rentals and now were
trying to find homes for people that are low income that have
wheelchairs or mobility issues from strokes or whatever and
there’s nothing available so had there been a visitability
ordinance back in…in the 70s, or the 60s, or the 80s, right? We
would have in the rental market a lot more choice, so I think
one of our promotions is…let’s stop the bleeding and make
visitability the wave of the future. We would be in the
forefront of the nation because there are efforts going all over
the country now to try to get visitability, we could be part of
that movement. So I’d like to promote that we really look at how
we can get visitability to be for new housing for all family
dwellings and, you know, we have federal units for seniors and
disabled that have those provisions but the waiting list for
those…I’m on a waiting list for Mohouli…there saying I probably
have to wait 2 years…I’m 60…I’m almost 67. So I used to walk
with crutches, now I’m in a chair. So I’m going to have to wait
2 years…probably…to be able to be into a unit that’s accessible.
The other problem we have lack of available units so we need, we
need to have more, more units built that are for people that are
seniors and people with disabilities. And then on the section 8,
cause I…I’m with…I used to be the…I used to work with a peer
advocate with the Hawai‘i Disability Rights Center, and we like
was mentioned by David, a high percentage of complaints in the
HCHA April 4, 2017
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fair housing are disability related and the voucher system
really has kinda a prejudice against disabled people because
there’s no way that you can move…get any special treatment…as
you shouldn’t…but in this case you should…because there’s so few
units that are…that are accessible that if there’s an accessible
unit on the rental market there should be some way that a person
with a wheelchair or a mobility impartment would get a higher
choice for that one, so that’s one issue. And then the other
thing of course is the long waiting list because I understand
that are…just for families there’s like a 5000, there’s 5000
people waiting on that list. I understand Lanikila, which is
State housing has a minimum of 2 year waiting list for a unit.
So the demand for housing is just way over what we can provide
in our County so we all know it a serious issue and we need to
look at how we can…if were gunna build affordable housing and
there gunna be smaller that’s fine but make sure that there
accessible. Thank you.
Mrs. Poindexter: Thank you.
Mr. Amundson: Can I make, just a brief point, the federal rule
about 5% being accessible has been mentioned already…5% is not
nearly enough to…we’ve got such a demand for accessible
housing…5% is not nearly enough and if there’s some way for the
County to require for some of these developers…perhaps even some
incen…giv’em a carrot…to make 10% or 15% accessible, and I know
of one development recently that…that has got…it has hand…it has
grab bars in all of the bathrooms and there’s like 25 units,
they just put’um in. There not all accessible but more than then
the minimum is accessible and that minimum is just so minimal if
there’s some way to increase that it might absorb some of this
tremendous demand that we have.
Mrs. Poindexter: Thank you for your input…valuable input. I’ll
yield at this time. Thank you.
Mrs. Eoff: Thank you. Mrs. Lee….Mr. Richards…I know everybody
had their light on when I looked this way before…go ahead Mrs.
Lee Loy.
Mrs. Lee Loy: And maybe Alan or Neil or Lance can help me with
this, cause Ms. Ruggles, Mrs. David, Mrs. Poindexter asked all
the questions that I wanted, so now I’m moving into what do we
do legislatively? And so when I read you analysis, you know,
it’s about DCAB getting people with disabilities on different
boards and commissions so they bring that perspective, it’s
about changing the zoning and the building requirements to
HCHA April 4, 2017
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make…allow for these types of exemptions, but then this last
point about affordable housing really struck a cord with me
because our developers are required to provide affordable
housing but some of um don’t meet these types of criteria so
then I began to think, what if we began to expand the definition
of the affordable housing for these rental units and incentivize
them, because if I read the code correctly…an affordable housing
credit could be 15 miles radius from the project site…so is
there a way to incentivize a developer and then look at rental
units within a 15 mile radius…incentivize them to upgrade, or
upcycle their homes and then they could actually get an
affordable housing credit besides what their doing in their
development…is that…are you following me Alan?
Mr. Rudo: no I…I am…the affordable housing does work with new
construction so we would have to modify that but I think their
present…their…David has a…a draft bill, I think you might have
gotten a copy but I’ll make sure you do get a copy of it because
they are preparing to draft a bill and I think the…what their
preparing to draft is gunna apply to all new construction in
general. And then of course, on this Island have come exemptions
for where the slopes are too steep or wouldn’t work or its just
impossible, but there gunna be crafting something and of course
we’ll work with them to bring it forward because one of the
problems you hav…that they pointed out, which is true, is people
build the house for themselves and then it becomes a rental
later. Most of the rental guys do have to do it because there
are ADA and there are fair housing design accessibility
guidelines, but not in all cases so were gunna try to work with
them and the departments and see if we can’t get something
forw…that we can bring forward that, you know, will get buy in
from all the different stakeholders.
Mrs. Lee Loy: yeah cause that idea of a multigenerational
definition, I’m really excited about that, I mean, I have a
mother, she lives with us, and I have a special needs child, so
I got it all and so I have to design a home where he’s gunna
need a caregiver, while I care for my mom. And so I’m…I’m
intimately familiar with what you guys are speaking of. And so
when I look at this, it really is those building design
guidelines that really is a hurdle for your folks but I also
this it’s a definition, where if we had a definition of
multigenerational in our zoning code, or this visit…visibility
type of definition, that could attract developers or a
particular housing type in our, you know, RS…multifamily…you
know, all those different zoning requirements, and then the
carrot being if they develop this, this is actually an
HCHA April 4, 2017
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affordable housing unit that a developer might wanna attach more
funding to, to say yeah…we’ll help you folks because we need the
affordable housing credit that goes with it, and then open the
door to the fudhut…the HUD funding that goes with seniors,
disabilities, you know jus…just all of it, I think we just have
to be very, very creative with the way we define these type of
units and I’m really excited if you folks would get with the
planning department cause I know there going through a
comprehensive overhaul of their zoning code and dovetail that
into the public works department cause our building codes really
is the biggest hurdle that we have and then providing those
types of exemptions cause that’s single wall construction one,
that is extremely expensive based on our current building codes
right now, to rehabilitate it to meet the current code standards
and I just don’t see anybody nudg…budging…to make any exemptions
to that type of single wall construction homes.
Mr. Rudo: Well I know that’s definitely a push of our Mayor and
what your talking about hitting all the right points because
what we wanted to do is get the study out to show the data and
then introduce it to the County and then now, you know, we’d
like to start working with that study and that data with the
planning department, the other agencies to try to see if we
can’t craft that. Because that’s true, I mean, there a lot of
other things that he pointed out that we went over very quickly
cause of time but you know not allowing the second kitchen makes
it very hard to be able to have a caregiver or to live in
another unit with your elderly, you know, parents or something,
or special needs child, so there are a lot of issues with
building and regulation that we need to take a look at for this,
but this was the first step, was getting the study done too…to
see where we are.
Mrs. Lee Loy: And I was lucky enough to be…my daughter works for
HPM…I’ve been in the construction and development industry for
20+ years, so we were actually looking around the corner when we
were building our home, but your absolutely right, all to often
when your in your thirties and you got a thirty year mortgage
your building for what you have right now and not for what you
need later and so even that education piece that nobody really
wants to think about, you know were all gunna get older and we
might need just one step up rather than a flight of stairs, so.
Thank you so much, there’s a lot here in your analysis, I also
appreciate…there’s actually no requirements for people with
disabilities to be on certain boards and commissions, so like
the planning commission, state land use commission, a lot of the
places that would make those business decision for this type of
HCHA April 4, 2017
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housing, and that’s where the rubbers gunna meet the road so we
gotta get you guys on those boards and commissions. So thank
you, thank you so much.
Mrs. Eoff: Thank you Mrs. Lee Loy. Mr. Richards.
Mr. Richards: We could probably spend most of the day here
talking a lot of this stuff and I know we ha…to keep it somewhat
brief, just some quick numbers, on the section 8 vouchers that
we rise up and then fall off the top and loose it, what kind of
numbers of people have those vouchers? How many are in line?
What percentage of vouchers are turned back in, I’m not sure how
to ask the question, I’m not sure who to ask the question to.
Mr. Rudo: well I’m sorry that we don’t have our existing housing
division head here right now to answer that, she’s the right
person to ask, would be Sharon…I would need that…sorry
Mr. Gyotoku: sorry, we can get that information to you…
Mr. Richards: yeah, could you get that and forward it to
the…the…
Mr. Gyotoku:…so exactly what do you need? The number of…
Mr. Richards: I’m curious on the number of people on the waiting
list? How many with the section vouchers? Then how many fall
off? Because they can’t find accessible housing.
Mr. Gyotoku: Oh…I can answer most of the questions except for
the last one. Right now we have 4,720 people on the waiting
list. We have a total of two thousand…2,005 vouchers that are
receiving assistance right now. I don’t have the exact number of
the number of people that couldn’t find housing and fell off the
waiting list…
Mr. Richards: okay.
Mr. Gyotoku:….that percentage, I can get that to you.
Mr. Richards: okay. I’d appreciate that and if you could…if
someone could send us the link to the report, it looks like a
long link and I can’t read it, so if you can send us a link to
the whole Council I’d appreciate that and final comment I
appreciated your comment about…it sounded like…and this is
probably the wrong term, but clustering accessible housing, so
you have all accessible housing in one area, and that poses an
HCHA April 4, 2017
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interesting prospect, I’m concerned about other aspects, but I
think that there’s a economy of scale when you start doing that
and so I get that and I don’t wanna belabor that point but I
think that’s an intriguing concept…employment…everything else
that goes with it. Anyways, again I appreciate that and I would
like to see the report if you could send us that link. Thanks.
Mr. Gyotoku: I just wanted to add…
Mrs. Eoff: I think the microphone…is it on?
Mr. Gyotoku: I just wanted to add that we do own and manage the
Ulu Wini housing project in Kona and currently I am mandated to
renovate, all our 43 bottom floor units to be handicap
accessible, this it through Housing and Urban…Housing and
Finance Development Corporation. It’s gunna be taking a lot of
money but are committed to do that…to make it accessible for
handicap families, like that. So and, Kula‘imano, we do have
10%, which is five units are handicap accessible but we’re also
going to be looking at trying to renovate several more units to
include those handicap accessibilities, like that.
Mrs. Eoff: Thank you. Ms. Ruggles.
Ms. Ruggles: Thank you. I had a…a follow up question. In the
suggestions to increase the affordable housing stock, it says
here that we should allow for single wall construction and to
also allow for multiple kitchens. Do you know currently where
someone isn’t allowed to build multiple kitchens?
Dr. Leake: I know that’s the case in Oahu and Alan told me
that’s the case on the Big Island also.
Ms. Ruggles: Okay. I also wanted to ask the other members of the
agency here, seeing how we really have direct jurisdiction over
theses specific issues of making building more affordable, what
your thoughts are on the single wall construction and allowing
multiple kitchens? That’s all.
Mrs. Eoff: I thinks that’s getting a little bit off the…the
topics here today but obviously any kind of legislation that
would change the building code would come to this body.
(inaudible) Would come to the County Council…I’m sorry, yes. So
the Housing Agency today is…is just to get an overview of these
programs and I believe that you folks said you were working on
some draft legislation that the agency may get to review? Yeah?
But just to answer, I don’t know if we can take the time to
HCHA April 4, 2017
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listen…hear from everybody on Jen’s question but I would say
that in general, if I could speak for…for us you have a very
receptive body here and I think that we all know that were in a
housing crisis whether it be for just low income families or the
disabled but I think were, if anything this…this Council…this
term, I think would like to accomplish would be to solve some of
those housing crisis so…Ms. O’Hara did you want to add
something? (inaudible) okay well we have one more…I’m sorry. I’m
not really sure whether we need to close file on this, I’m not
sure how to run this housing agency, and I don’t see Jon here
but I’m just (inaudible)in….abundance of caution…I’ll just ask
for a motion to close file on the presentation by David Leake
Ph.D.?
Mrs. David: So.
Mrs. Poindexter: Second.
Mrs. Eoff: ….moved by Mrs. David. Second by Mrs. Poindexter. All
in favor please say aye.
All said aye.
Mrs. Eoff: Okay, that’s nine ayes. And were gunna move to the
last item E., the Overview of the 201H process, Mr. Rudo has a
Power Point presentation which was attached to the back of the
first presentation. So, we’ll go ahead with that.
Mr. Rudo: Thank you, again Alan Rudo, Office of Housing and you
know I do apologize that some of you have seen some of this
before but we did want to try to make a introduction to 201H
from Housing for the new councilmembers and for the new agency
members here because we think this is really important. One of
the comments that we use to hear, previously when we would bring
forward a 201H project is that a lot of the exemptions the
developer would ask for…they were scared it would set a bad
precedents for all development and I…that’s why we wanted to
kinda give this overview of what is a 201H project, what is 201H
in the Hawai‘i Revised Statutes. So…you know I do apologize if
some of its repetitive and we’ll try to give new material but I
think it’s really important. Okay, so the two…the two state laws
that were gunna talk about are 201H-38 and 4615. Okay, so why is
there a housing crisis? Where gunna look at what are the cost
drivers? What we can control. 201H-38 and 4615 and when…when its
applicable, what is the approval process and what are the
results. Okay, so every year we know that we hear constantly
there’s this affordable housing crisis and, you know, the Big
HCHA April 4, 2017
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Island by the way, you should know, out of all the counties is
probably doing the most…were actually leading and achieving the
best results through these. So prices are being pushed up
consistently so housing process are going up and you have a lot
of factors, you have labor issues, labors always going to cost
more and were a big union state so we have prevailing wages. If
you look at what a carpenter…you know a union carpenter makes
and, you know, that’s projecting jobs, the union will tell you
they do better work, and they do a lot of times so but
carpenters can make $75-$80 an hour, you know so, and that’s
always going up, that’s just a reality of it. Whenever we have a
project you have not in my back yard. Big issue. You’re all
familiar with the…the housing…the emergency housing that we’ve
done on the west side, well you might not be aware…it took us 20
years to get that done and most of the reason it took over 20+
years is because several sites that we got…people would go
shouting to the Mayor…to the Council…and get it shut down…not in
my back yard. So that’s constant, something that we face. And
then the litigation and the regulations that are related to the
process. So the cost drivers are having suitable land, we know
there’s always less and less suitable land. When we look at
projects today from housing, most of the land that’s coming in
for development, has issues, all the really easy development
land, the low fruits gone. So were dealing with projects now
that have flooding issues, historic issues, all kinds of issues
for the most part. The cost of land is always going up, that’s
just the reality that we have to deal with in the state and
other states. Construction costs which are basically labor costs
and materials, we can’t really do anything about those. And then
the regulations and the permits and the fees. So what we can’t
control, we can’t control the suitable land, how much there is;
we can’t control the cost of the land really, those are market
forces at work, constructions costs primarily continuously going
up, labor costs, really don’t have much that we can do there.
The materials, you know if there’s a shortage in lumber, that
drives lumber prices up, that’s just the reality of it. But
where we can make an impact is in the regulations, the permits
and the fees and that’s usually why one of the big things you
see as an exemption request from affordable housing developers
is to wave those impact fees. That is one of the big areas that
we can have some impact. So that’s where the 201H-38 and 4615
tend to focus on the areas that we can control, okay. So a
little bit of background, Hawai‘i Revised Statutes chapter 201H
is what created Hawai‘i Housing Finance and Development
Corporation. That is the State entity that we work with that
oversees basically affordable housing. Now, the interesting
thing is, in 201H-38 housing development, we can do exemptions
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from statutes, ordinances, charter provisions and rules. The
corporation, may develop on behalf of the state or with an
eligible developer or may assist under a government assistance
program in the development of housing projects that shall be
exempt from all statutes, ordinances, charter provisions, rules
of government, agencies relating to planning, zoning,
construction standards for sub-division, development and
improvements of land and the construction of dwelling units
thereon; provided…and this is the big area…so we got all these
tremendous exemptions that we can use to expedite affordable
housing…provided that the corporation finds the housing project
is consistent with the purposes of intent of affordable
housing…which is the intent of the chapter…and meets the minimum
requires of health and safety. And that’s really what comes
before you, and so you are in charge of deciding, what’s the
minimum for health and safety? Now, you know, planning,
department of public works, there following there chapters, and
there gunna tell you there whole code is health and safety…but
when it gets down to it, were gunna have to decided on issue-by-
issue what is really the health and safety related issues to
that development? The second thing is…that it requires is the
development of the proposed housing project does not contravene
any safety standards, tariffs or rates and fees approved by the
public utilities commission for public utilities or for the
various boards of water supply authorized under chapter 54. So
we haven’t had any come forth that have asked for variances to
water facilities fees, for instance. That’s just not allowed.
Number 3, the legislative body of the county of which the
housing to be situated shall have approved the project with or
without modifications. So as your probably aware and some of the
new members, you’ll see, when they come, they might
come…developer will come forth with a whole list of exemptions
and its really our job to kinda call that down to what is
realistic and I do wanna let you know that, you know, working
very closely with our corp counsel, we circulate this…the
request and the draft resolution to all the agencies affected to
get their input, cause we wanna know what ther…what they feel is
health and safety related to. And then once we kinda work that
down to the bare bones then that’s usually what we bring forth
to your body, actually the county agency. Chapter 4615 is very
interesting law and you really have to look at it closely, it
the county organization and administration but under HRS 4615
experimental and demonstration housing project, the Mayor of
each county, after holding a public hearing on the matter and
receiving the approval of the respective council shall be
empowered to designate areas of land for experimental and
demonstration housing projects the purposes of which to research
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and develop ideas that would be…would [re]duce the cost of
housing in the state. Except as hereinafter provided, the
experimental and demonstration housing project shall be exempt
from all statutes, ordinances, charter provisions and rules or
regulations of any government agency or public utility relating
to planning, zoning, construction standards for sub-division,
development and improvements of land and the construction and
sale of homes thereon…so it has that same clause…provided that
the experimental and demonstration housing project shall not
affect the safety standards or tariffs approved by the public
utility commissions, but under 4615 what happens is we become
the state…we…the office of housing community development
actually steps into the housing…Hawai‘i Housing and Finance
Development Corporations shoes, in that role. It gives the
county the power, with the agency, to step into the role and one
of the issues a lot of times is some of the exemptions might be
asking to exempt state laws and there was a mis-understanding
for years that a county resolution cannot exempt state law; well
that’s not correct, we did find out through Amy Self and through
our corp counsel carefully reading it that it can, in certain
circumstances, the way the law is written. So we can step into
the states shoes and we can exempts state laws when necessary
for the affordable housing. I wanna caution it though that some
state laws are also from federal laws and so we have to be
careful, like the SMA…Special Management Area, is to keep us in
line with the federal, so we don’t exempt federal laws. So when
is it applicable? Well first the developer has to have site
control. We need to have…make sure that they have permission for
what their doing, that they have control of the site. That they
are an eligible developer. When we use the 201H powers, were
looking at developers and qualifying um to make sure that they
have the wherewithal to carry this ou…carry out this project. Or
there teamed with some developer that can carry out this project
and were seeing a lot more of that as well today. The majority
of the project is for low income. The way its interpreted is
201H projects have to be mostly affordable. And typically that’s
been defined as 50% + 1 makes it majority affordable, well we
like to see more, of course. And a lot of them that come forth
are 100% affordable. They have to meet the state and county
affordability requirements. So we do keep chapter 11 in view
with this. There subject to county buy back restrictions. So
there gunna have deed restrictions recorded with the land to
protect our interests so that they can’t be using these units,
getting’um low and then flipping’um to make a profit. Okay,
that’s not acceptable. And that have to meet fate…federal, state
and county health and safety standards. The approval process is
basically, the developer comes in with a 201H application, they
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usually have a good idea…most of these are ones that are low
income housing tax-credit developers that are gunna be competing
with other developers for state funding…not all…sometimes our
office has come forth with a 201H project, for like Ulu Wini and
Kamakoa Nui our workforce housing. We might need exemptions. But
then we hold a community meeting, okay. Our office reviews the
application, we hold a community meeting and we review all the
comments. Once we get all the department reviews, then OHCD
submits the application to departments for their comments and we
draft a resolution. Then that goes to committee review. Which
your familiar with, and then for council approval, but it only
needs one reading I believe at council. And this is the result,
Kamakoa Nui, you know, Riverside apartments, you know, these
type of projects we get through this process. And that’s what we
all wanna see is more affordable housing. So that’s a quick,
brief overview on 201H. Thank you.
Mrs. Eoff: Thank you. Committee members do you have questions?
(no responses)
Mrs. Eoff: we look forward to working with you and unless you
have something else to add we know how to reach you and we’ll be
looking forward to any other opportunities to discuss these
matters and work on some solutions.
Mr. Rudo: Thank you.
Mrs. Eoff: oh, I’m sorry. Mr. Chung.
Mr. Chung: You know I…I have a lot of questions Alan. And thank
you, I’ll…I’ll talk to you and Amy about this later because I
know were running a little late and I’m glad that you did come
and give us a refresher course, for some of us anyway.
Mrs. Poindexter: Chair, can I just, let…I don’t think
Councilmember Chung knows that he is now the Vice Chair of this
committee…this...
Mrs. Eoff: This comm… this housing agency…
Mrs. Poindexter:…this housing agency. I just wanted to let you
know that you’re the Vice Chair…
Mr. Chung: Thank you very much. Usually I don’t like to get
interrupted as you guys know…it’s a good interruption…
Mrs. Poindexter: you can speak with authority…
HCHA April 4, 2017
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Mr. Chung: ….Thank you…thank you…
Mrs. Poindexter: that was…agency
Mrs. Lee Loy: I’ll say it…it was me. I nominated Mr. Chung, in
your absence…
Mr. Chung: I guess it is important to be here…at the meetings…
(laughter)
Mr. Chung: no but thank you very much. But anyway, you know I do
have a lot of questions, I’ll talk to you Alan later on yeah,
thank you.
Mrs. Eoff: Oh, okay. Mahalo. Okay. We’ll go ahead and I’m sorry
ask for a motion to close file on this power point presentation
of the 201H process.
Dr. O’Hara: So moved.
Mr. Richards: Second.
Mrs. Eoff: Moved by Ms. Ohara. Second my Mr. Richards. All in
favor say aye.
All say aye.
Mrs. Eoff: Okay, we have nine ayes and now may I have for a
motion to adjourne?
Mrs. Poindexter: So moved.
Mrs. David: Second.
Mrs. Eoff: Okay, moved by Mrs. Poindexter. Second by Mrs. David.
All in favor?
All say aye.
Mrs. Eoff: Thank you we have nine ayes. This meetings adjourned.
Thank you everybody.
Meeting adjourned at 10:36 a.m.