reglab/housing_qa huggingface dataset:
HI Rev Stat § 171-75 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-75 Persons disqualified to take residential leases.

  §171-75 Persons disqualified to take residential leases. No person shall be qualified to take a residential lease under this part who, or whose husband or wife, or both of them:  (1) Has previously taken from or held under the Territory or State any certificate of occupation, right of purchase lease, cash freehold agreement, special homestead agreement or homestead lease, or patent based on any of the foregoing, or has previously taken residential lease or patent or deed to any residential lot under this part; provided that a person who has previously taken from or held under the Territory or State or under this part any such certificate, lease, agreement, patent, or deed to any land shall not be disqualified, if the person has been displaced at any time from the land by governmental authority for any public purpose or by reason of any natural disaster;  (2) Owns other land in the State suitable for residential use;  (3) Owns other land not suitable for residential use if the value thereof exceeds the value of the residence lot applied for;  (4) Is the lessee under a lease having an unexpired term of more than five years of other land in the State suitable for residential use and which lease does not prohibit the lessee from using the land for such purposes;  (5) Had voluntarily sold or otherwise disposed of, within one year prior to the filing of the person's application, any land or lease described in (2), (3) and (4). [L 1962, c 32, pt of §2; Supp, §103A-71; HRS §171-75; gen ch 1985]
HI Rev Stat § 171-76 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-76 Preference right to residential lease.

  §171-76 Preference right to residential lease. In any drawing to determine the person to whom a residential lease is to be made, preference shall be given to an otherwise qualified person, who has:  (1) Within a period of not longer than five years prior to the filing of the person's application for a residential lease, been an owner in possession, or a lessee in possession having an unexpired lease term of more than one year, of residential premises which were taken by any governmental authority for any public purpose and who was displaced by reason of such taking; or  (2) Been displaced by reason of any natural disaster as defined in section 171-85.  After the above preference, any person who is a citizen of the United States and who is otherwise qualified shall be given preference over non-citizens. [L 1962, c 32, pt of §2; Supp, §103A-72; HRS §171-76; gen ch 1985]
HI Rev Stat § 171-77 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-77 Transfers of title by bequest, devise, intestate succession, or by operation of law, and upon foreclosure.

  §171-77 Transfers of title by bequest, devise, intestate succession, or by operation of law, and upon foreclosure. Notwithstanding the prohibitions contained in section 171-73, title to a residential lease or to the fee of the premises if purchased by the lessee, and to the improvements upon the premises, may be transferred only by testamentary bequest or devise, intestate succession, or otherwise by operation of law. No person, corporation, or agency of government, disqualified under section 171-74 or 171-75 to take a residential lease, may succeed to and take title to a residential lease and improvements, except by such transfer or by purchasing at or after a sale upon a foreclosure of a mortgage permitted by this part.  If the lessee purchases the fee as provided in section 171-79, no person, corporation, or agency of government, disqualified under sections 171-74 and 171-75, may, without the express written consent of the board of land and natural resources, within the ten-year period following the issuance to the lessee of a patent or deed in fee simple to the premises, succeed to and take the fee title to the premises formerly leased, and improvements, except by testamentary bequest or devise, intestate succession, or otherwise by operation of law, or by purchasing at or after a sale upon the foreclosure of a mortgage permitted by this part. [L 1962, c 32, pt of §2; am L 1965, c 239, §7; Supp, §103A-73; HRS §171-77]
HI Rev Stat § 171-78 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-78 Notice; drawing.

  §171-78 Notice; drawing. No residential lease shall be made unless notice of the board of land and natural resources' intention to lease, with such details concerning the intended lease and method of application for the lease as the board deems necessary or desirable, is published as provided in section 171-16(b). The person entitled to the lease shall be determined by drawing from among the qualified applicants who have submitted evidence satisfactory to the board of loan commitments, still in force, from recognized lending institutions to finance the construction of a residence upon the premises. Only those who are entitled to preference may participate in the drawing, and one of them shall be entitled to the lease of the lot offered, or if more than one lot is offered, they shall have their choice among the lots offered, according to the numbers drawn by them. If there are more lots than qualified applicants entitled to preference, those without preference may participate in the drawing after all preferred qualified applicants have made their choices. Any lease referred to in the published notice which is not taken upon the drawing may thereafter be leased to any qualified applicant for a residential lease having a loan commitment, still in force, from a recognized lending institution to finance the construction of a residence upon the premises, notwithstanding the person was not an applicant at the date of the drawing, without further publication of notice and without further drawing, if the lease is made within one year of the date of the drawing of which notice was published. [L 1962, c 32, pt of §2; Supp, §103A-74; HRS §171-78]
HI Rev Stat § 171-79 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-79 Purchase of fee title by lessee.

  §171-79 Purchase of fee title by lessee. At any time after the requirement of construction of a residence upon the premises has been fulfilled and after ten years from the date of the issuance of the lessee's residential lease, any residential lessee who is financially able to purchase the fee title to the premises demised to the lessee by the lessee's residential lease may, if not in default under the terms of the lessee's lease, purchase the fee title at its fair market value determined as of the date of the exercise of the lessee's option to purchase. The fair market value shall be determined by appraisers and shall exclude the value of improvements erected by the lessee and shall be determined as if the premises were not subject to the residential lease or to any mortgage made by the lessee. The patent or deed issued upon purchase shall state that within the ten-year period following the date of issuance of the patent or deed, the land or any interest therein shall not, without the written consent of the board of land and natural resources, be sold, leased, or otherwise transferred to any person disqualified under sections 171-74 and 171-75, except that the lessee may mortgage the premises and improvements, without the board's consent, to recognized lending institutions, which mortgage may be freely assigned by the mortgagee and the fee title sold to any person or corporation or agency of government at or after foreclosure. [L 1962, c 32, pt of §2; Supp, §103A-75; HRS §171-79; gen ch 1985] Case Notes  Fee simple interest may be purchased under §171-99(a) by payment of "fair market price", which, under this section and §171-99(a), requires appraisers to ignore both the value of improvements erected on the premises and the lease encumbrances. 85 H. 217, 941 P.2d 300.
HI Rev Stat § 171-80 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-80 Cancellation of leases.

  §171-80 Cancellation of leases. Whenever the board of land and natural resources has reason to believe that any term or condition of a residential lease has been violated, it shall give notice to the lessee of the suspected violation as provided in section 171-20, and shall afford the lessee an opportunity to be heard. If upon the hearing, the board finds that the lessee has violated the terms and conditions of the lease, it may declare the lessee's interest in the lease and improvements forfeited and order the premises to be vacated within a reasonable time. No such forfeiture shall, however, operate to forfeit the interest of any mortgagee in the lease and improvements, and the board shall pay from the special land and development fund the amount due upon and secured by the mortgage; provided that payment need not be made if a new lease of the premises and improvements is made to a new lessee who is willing to assume, and if the mortgagee is willing to accept the new lessee's assumption of, the mortgage and the debt secured thereby. [L 1962, c 32, pt of §2; Supp, §103A-76; HRS §171-80] Cross References  Administrative hearing, see chapter 91.
HI Rev Stat § 171-81 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-81 Surrender of lease.

  §171-81 Surrender of lease. If at any time the lessee desires to surrender the lessee's lease and improvements, the board of land and natural resources may accept the surrender and purchase the improvements for their fair market value, as determined by appraisers, with funds from the special land and development fund, provided the board has a firm offer from a person, who is qualified to take the residential lease under this part, to take the lease and purchase the improvements for not less than the amount to be paid therefor by the board and who has a commitment from a recognized lending institution to finance the purchase. Upon acceptance of the surrender and purchase of the improvements, the board shall sell the improvements to that person and make a new lease to the person. [L 1962, c 32, pt of §2; Supp, §103A-77; HRS §171-81; gen ch 1985]
HI Rev Stat § 171-82 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-82 Approval by board.

  §171-82 Approval by board. All subdivisions of public lands and premises covered by residential leases, all purchases and sales of improvements erected by lessees upon lots under residential leases, and all purchases of the fee titles to the leasehold premises by the lessees, and all sales of such fee simple titles during the ten-year period following issuance of a patent or deed thereupon to any person not disqualified under sections 171-74 and 171-75, shall be subject to approval by the board of land and natural resources. [L 1962, c 32, pt of §2; Supp, §103A-78; HRS §171-82]
HI Rev Stat § 171-83 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-83 Costs of, and realization from, residential leasing.

  §171-83 Costs of, and realization from, residential leasing. The board of land and natural resources is authorized to expend from the special land and development fund sufficient moneys to meet all costs of the planning, development, and subdivision of public lands for residential leasing, the sale of residential leases and otherwise to effectuate the purposes of this part, and all realizations from residential leases and the selling of any improvements purchased from lessees shall be paid into the fund. [L 1962, c 32, pt of §2; Supp, §103A-79; HRS §171-83]
HI Rev Stat § 171-84 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-84 Leases to certain developers of housing for low and moderate income families.

  §171-84 Leases to certain developers of housing for low and moderate income families. Sections 171-73 to 171-76, or any other law to the contrary notwithstanding, residential public lands may be leased on a first priority basis, without a drawing or public auction, by the board of land and natural resources to a developer or mortgagor who qualifies under the federal housing programs for low and moderate income families under the National Housing Act or state housing program for low and moderate income families as approved by the board of land and natural resources, or to a nonprofit or limited distribution corporation or association as defined in section 221(d)(3) of the National Housing Act which conforms to the standards of section 221(d)(3) but which is not a mortgagor under section 221(d)(3), all of which are regulated or supervised under federal or state laws or by political subdivisions of the State, or agencies thereof, as to rents, charges, sales prices, capital structure, rate of return, and methods of operation from the time of issuance of the building permit for the project. The lease under this section shall include terms to meet Federal Housing Administration requirements, if any, and the annual rental of the premises shall not exceed $1 a year to the lessee. The subleasing of individual lots will be allowed with lessee retaining first right of purchase for resale to a qualified low and moderate income family in conformance with the board of land and natural resources requirements. [L 1967, c 278, §23; HRS §171-84; am L 1970, c 109, §1]
HI Rev Stat § 171-85 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-85 Definitions.

  §171-85 Definitions. As used in this part III C:  "Disaster area" means an area proclaimed by the governor to be a disaster area.  "Natural disaster" means any disaster caused by seismic or tidal wave, tsunami, hurricane, volcanic eruption, typhoon, earthquake, or flood.  "Person" means an individual (citizen and noncitizen), partnership, corporation, and association. [L 1962, c 32, pt of §2; Supp, §103A-80; HRS §171-85] Revision Note  Numeric designations deleted.
HI Rev Stat § 171-86 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-86 Purpose.

  §171-86 Purpose. It is the purpose of this part, in the public interest, to provide for immediate relocation and rehabilitation of disaster victims by making public lands available in the manner hereinafter provided, when a natural disaster strikes the State and devastates large tracts of lands and causes the necessity for immediate relocation of persons from the devastated areas. [L 1962, c 32, pt of §2; Supp, §103A-81; HRS §171-86]
HI Rev Stat § 171-87 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-87 Disposition to victims of natural disaster, when.

  §171-87 Disposition to victims of natural disaster, when. Notwithstanding any law to the contrary, the board of land and natural resources may dispose of public land to victims of a natural disaster by negotiation and without recourse to public auction for purposes other than the personal residences of the victims or for agricultural purposes as hereinafter provided.  To effectuate disposition for the purpose of relocating victims onto public lands and placing them in circumstances similar to those which existed prior to the natural disaster the board shall:  (1) Subdivide and improve public lands, including the construction of roads, in conformity with applicable county or city and county zoning and subdivision requirements and good planning;  (2) Lease the lands at fair market rental as determined by the board, based on appraisals by at least one but not more than three disinterested appraisers, provided that the board shall waive rental for the first two years of the terms of the lease;  (3) Limit the size of any lot leased under this part in accord with need and use, provided that such lot shall not exceed four acres of usable land;  (4) Lease only one lot to a person eligible under this part; provided that if the person owned, leased, or occupied another lot in the devastated area which was used for a different purpose, the board may lease a maximum of two lots to the person if there is a different use for each lot;  (5) Include in the instrument of lease, in addition to other terms and conditions, the following:  (A) The lessee, for the first five years of the term of the lease, shall use the leased land for the same business use or undertaking as that in which the lessee was engaged at the time of the natural disaster or for a use approved by the board;  (B) The lessee shall complete the construction of improvements required under the lessee's lease within one year from the commencement of the lease, unless the board extends the time of completion, and if the lessee defaults with respect to the construction of the improvements and fails to remedy or cure the default after proper notice thereof as provided in section 171-20, the board may, at its option, subject to the provisions of section 171-21, declare a forfeiture of all the right, title, and interest of the lessee in and to the leased land;  (C) The lessee shall not assign, mortgage, or sublet the whole of the leasehold premises, without the prior approval of the board, provided that the lessee may sublet a part of the leasehold premises without approval of the board; and  (D) The lease rental shall be subject to redetermination and renegotiation during the lease term in the manner and at such intervals as the board may specify in the lease. [L 1962, c 32, pt of §2; Supp, §103A-82; HRS §171-87; gen ch 1985]
HI Rev Stat § 171-88 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-88 Option to purchase.

  §171-88 Option to purchase. Any owner in fee simple of private land in a disaster area who leases or who presently has a lease of public land under this part shall be entitled to an option to purchase in fee simple the public land so leased if the owner's private land was or is condemned or purchased for a public purpose by a governmental agency at any time between the date of the natural disaster and the date of expiration of the first two years of the term of the lease to the person.  If private land in a disaster area owned at the time of the natural disaster by a lessee under this part is not condemned or purchased for a public purpose by a governmental agency at the expiration of the first two years of the term of the lease of the lessee, the person shall be entitled to an option to purchase in fee simple the public land leased under this part, provided that the lessee first offers the board of land and natural resources a period of six months in which to exercise an option to purchase in fee simple the lessee's private land in the disaster area which the lessee held at the time of the natural disaster. The offer shall be made to the board by the lessee within thirty calendar days next following the first two years of the term of the lease of the lessee. The lessee shall then have a period of six months next following the board's rejection or exercise of its option in which to reject or exercise the lessee's option to purchase the public lands. The acquisition or purchase of the private lands in a disaster area by the board under this part is declared to be for a public purpose.  During the period that the board and the lessee are considering their respective options to purchase, the board shall waive the lease rental of the lessee.  Public land under lease shall be sold and private land of the lessee shall be purchased at fair market value as determined by appraisal as set forth in section 171-17. The fair market value shall not include the value of improvements erected by the lessee and shall be determined as if the premises were not subject to the lease or to any mortgage made by the lessee. [L 1962, c 32, pt of §2; Supp, §103A-83; am L 1966, c 27, §2; HRS §171-88; gen ch 1985]
HI Rev Stat § 171-89 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-89 Applications.

  §171-89 Applications. All applications for a lease shall be filed with the board of land and natural resources within three months after the date of the natural disaster, provided that the board may extend the time for filing applications for an additional period not to exceed three months. [L 1962, c 32, pt of §2; Supp, §103A-84; HRS §171-89]
HI Rev Stat § 171-90 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-90 Eligibility.

  §171-90 Eligibility. Any person shall be eligible to apply for a lease under this part if the person was an owner, lessee, or tenant in actual possession of real property in a disaster area and whose business activity or undertaking, not primarily agricultural in character, was substantially destroyed or made unsuitable on or after May 22, 1960, by a natural disaster and whose property or the property on which the person is a lessee or tenant was substantially damaged on or after May 22, 1960, by a natural disaster, so as to render the property unfit or economically unfit for the purpose or use made prior to the disaster, provided that an owner or lessor not in actual possession of the owner's or lessor's property shall not be eligible unless the owner or lessor first fully releases all lessees or tenants from all obligations under the owner's or lessor's lease or agreement of tenancy.  Any owner or lessee of real property in a disaster area who was engaged in the business of renting homes or apartments shall be deemed an owner or lessee or tenant in actual possession of real property in a disaster area as provided for in this section.  Property shall be deemed unfit or economically unfit for the purpose or use made prior to the disaster when so determined by the board of land and natural resources, which determination shall be final, or if any law, ordinance, or regulation of any governmental agency prohibits the construction of improvements on land in a disaster area.  The determination by the board as to who is an eligible applicant shall be final. [L 1962, c 32, pt of §2; Supp, §103A-85; HRS §171-90; gen ch 1985]
HI Rev Stat § 171-91 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-91 Notice of availability of leases; selection of lessees.

  §171-91 Notice of availability of leases; selection of lessees. Notice of availability of land to be offered to qualified applicants for lease shall be by publication in accordance with the same procedure as set forth in section 171-16(b), but limited to the county in which the land is situated. The notice shall contain, in addition to such other information as the board of land and natural resources deems proper, a reference to the qualification of applicants, a brief description of the land to be leased, its locality, area, and quality, with reference to the survey, and the date by which the applications must be filed for a lease of the land. The board shall, as soon as practicable following the closing date for applications, review the qualifications of the applicants, determine their respective needs, fix the terms, covenants, and conditions of leases to be issued, as more particularly provided in section 171-87, and, within the limits of availability of the land for which notice has been published, issue leases to selected applicants. [L 1962, c 32, pt of §2; Supp, §103A-86; HRS §171-91]