reglab/housing_qa huggingface dataset:
HI Rev Stat § 201H-13 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-13 Eminent domain, exchange or use of public property.

  §201H-13 Eminent domain, exchange or use of public property. [(a)] The corporation may acquire any real property, including fixtures and improvements, or interest therein: through voluntary negotiation; through exchange of land in accordance with section 171-50, provided that the public land to be exchanged need not be of like use to that of the private land; or by the exercise of the power of eminent domain which it deems necessary by the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and required for public use. The corporation shall exercise the power of eminent domain granted by this section in the same manner and procedure as is provided by chapter 101 and otherwise in accordance with all applicable provisions of the general laws of the State; provided that condemnation of parcels greater than fifteen acres shall be subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation.  [(b)] The corporation may acquire by the exercise of the power of eminent domain property already devoted to a public use; provided that no property belonging to any government may be acquired without its consent, and that no property belonging to a public utility corporation may be acquired without the approval of the public utilities commission, and subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-14 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-14 Contracts with the federal government.

  §201H-14 Contracts with the federal government. (a) The corporation may:  (1) Borrow money or accept grants from the federal government for or in aid of any housing project that the corporation is authorized to undertake;  (2) Take over any land acquired by the federal government for the construction or operation of a housing project with the approval of the federal government or at the request of the federal government;  (3) Procure insurance or guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made or held by the corporation on any property included in any housing project;  (4) Comply with any conditions required by the federal government in any contract for financial assistance; and  (5) Execute contracts with the federal government.  (b) It is the purpose and intent of this part to authorize the corporation to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any housing project that the corporation is empowered to undertake. [L 2005, c 196, pt of §20; am L 2006, c 180, §11]
HI Rev Stat § 201H-15 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-15 Administration of low-income housing credit allowed under section 235-110.8.

  §201H-15 Administration of low-income housing credit allowed under section 235-110.8. (a) The corporation is designated as a state housing credit agency to carry out section 42(h) (with respect to limitation on aggregate credit allowable with respect to a project located in a state) of the Internal Revenue Code of 1986, as amended. As a state housing credit agency, the corporation shall determine the eligibility basis for a qualified low-income building, make the allocation of housing credit dollar amounts within the State, and determine the portion of the State's housing credit ceiling set aside for projects involving qualified nonprofit organizations. The corporation shall file any certifications and annual reports required by section 42 (with respect to low-income housing credit) of the Internal Revenue Code of 1986, as amended.  (b) The state aggregate housing credit dollar amount shall be allocated annually as required by section 42 of the Internal Revenue Code of 1986, as amended, by the corporation in an amount equal to $1.25 multiplied by the state population in the calendar year or such greater or lesser amount as provided by section 42(h) of the Internal Revenue Code of 1986, as amended.  (c) The corporation shall adopt rules under chapter 91 necessary to comply with federal and state requirements for determining the amount of the tax credit allowed under section 42 of the Internal Revenue Code of 1986, as amended, and section 235-110.8. The corporation may establish and collect reasonable fees for administrative expenses incurred in providing the services required by this section, including fees for processing developer applications for the credit. All fees collected for administering these provisions, including developer application fees, shall be used to cover the administrative expenses of the corporation.  (d) All claims for allocation of the low-income housing credit under section 235-110.8 shall be filed with the corporation. The corporation shall determine the amount of the credit allocation, if necessary, and return the claim to the taxpayer. The taxpayer shall file the credit allocation with the taxpayer's tax return with the department of taxation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-16 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-16 Administration of federal programs.

  §201H-16 Administration of federal programs. (a) The corporation may carry out federal programs designated to be carried out by a housing finance or housing development entity.  (b) The corporation shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the program, to carry out any federal program in subsection (a).  (c) All fees collected for administering the program may be deposited into an appropriate special fund of the corporation and may be used to cover the administrative expenses of the corporation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-17 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-17 Federal funds outside of state treasury.

  §201H-17 Federal funds outside of state treasury. Notwithstanding chapter 38, the corporation may establish and manage federal funds outside of the state treasury to be used for federal housing programs. The corporation shall invest those funds in permitted investments in accordance with chapter 36. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-18 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-18 Public works contracts.

  §201H-18 Public works contracts. The corporation may make, execute, and carry out contracts for, or in connection with, any housing project in the manner provided under chapter 103D and section 103-53; provided that with regard to the contracts, the term "officers", as used in chapter 103D, shall mean the corporation or officer authorized by the corporation to act as its contracting officer. Unless made and executed in the name of the State, each contract made and executed as authorized in this section shall state therein that it is so made and executed. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-19 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-19 Remedies of an obligee: mandamus; injunction; possessory action; receiver; accounting; etc.

  §201H-19 Remedies of an obligee: mandamus; injunction; possessory action; receiver; accounting; etc. An obligee of the corporation shall have the right, in addition to all other rights that may be conferred on the obligee subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior rights of others:  (1) By mandamus, suit, action, or proceeding in law or equity to compel the corporation, and the members, officers, agents, or employees thereof to perform each and every item, provision, and covenant contained in any contract of the corporation, and to require the carrying out of any or all covenants and agreements of the corporation and the fulfillment of all duties imposed upon the corporation by this chapter;  (2) By suit, action, or proceeding in equity to enjoin any acts or things that may be unlawful, or the violation of any of the rights of the obligee of the corporation;  (3) By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any housing project or any part thereof to be surrendered to any obligee having the right to possession pursuant to any contract of the corporation;  (4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the corporation), to obtain the appointment of a receiver of any housing project of the corporation or any part or parts thereof, and if the receiver is appointed, the receiver may enter and take possession of the housing project or any part or parts thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the corporation itself might do and shall keep the moneys in a separate account or accounts and apply the same in accordance with the obligations of the corporation as the court shall direct; and  (5) By suit, action, or proceeding in any court of competent jurisdiction to require the corporation and the members thereof to account as if it and they were the trustees of an express trust. [L 2005, c 196, pt of §20; am L 2006, c 180, §15] Case Notes  Mentioned: 903 F. Supp. 2d 1037 (2012).
HI Rev Stat § 201H-20 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-20 Subordination of mortgage to agreement with government.

  §201H-20 Subordination of mortgage to agreement with government. The corporation may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a governmental agency of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In that event, any purchaser or purchasers at a sale of the property of the corporation pursuant to a foreclosure of the mortgage or any other remedy in connection therewith shall obtain title subject to the contract. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-21 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-21 Duty to make reports.

  §201H-21 Duty to make reports. Except as otherwise provided by law, the corporation shall:  (1) File at least once a year with the governor a report of its activities for the preceding fiscal year;  (2) Report to the state comptroller on moneys deposited in depositories other than the state treasury under section 40-81 and rules adopted thereunder; and  (3) Submit an annual report to the legislature on all corporation program areas and funds organized by program area, and by fund within each program area, no later than twenty days prior to the convening of each regular session, which shall provide the following information on the status of its programs and finances:  (A) A description of programs being developed in the current fiscal biennium, including a summary listing of the programs, the status of each program, the methods of project financing or loans, and other information deemed significant;  (B) A description of programs planned for development during the two ensuing fiscal bienniums, including a summary listing of the proposed programs, the methods of project financing or loans, and other information deemed significant;  (C) A status report of actual expenditures made in the prior completed fiscal year from each fund established under this chapter, estimated expenditures anticipated for the current fiscal year, and projected expenditures for the ensuing fiscal years to be described in relation to specific projects developed to implement the purposes of any program or fund established under this chapter;  (D) A financial audit and report conducted on an annual basis by a certified public accounting firm; and  (E) Recommendations with reference to any additional legislation or other action that may be necessary to carry out the purposes of this [chapter]. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-22 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-22 Quitclaim deeds.

  §201H-22 Quitclaim deeds. Unless otherwise provided by law, the corporation shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
HI Rev Stat § 201H-23 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-23 For-sale developments.

  §201H-23 For-sale developments. [(a)] Any law to the contrary notwithstanding, new multifamily for-sale housing condominium developments of seventy-five units or more per acre on privately owned lands and privately financed without federal, state, or county financing assistance or subsidies, including tax credits, shall:  (1) Be exempt from the corporation's shared appreciation equity program;  (2) Be subject to three-year occupancy requirements and transfer restrictions; provided that the three-year occupancy requirement shall begin upon the sale of each unit; and  (3) Not be subject to the ten-year occupancy requirements and transfer restrictions in sections 201H-47 and 201H-49, respectively; provided that, in order for paragraphs (1), (2), and (3) to apply, the primary purpose of constructing the new multifamily for-sale housing condominium development of seventy-five units or more per acre shall be to augment the existing affordable housing unit inventory in the State and not for the purpose of satisfying any affordable housing or reserved housing requirement under this chapter, section 206E-4(18), or any other law or ordinance.  [(b)] As used in this section:  "Affordable housing" means the same as defined under section 201H-57.  "Reserved housing" means the same as defined under section 206E-101. [L 2008, c 123, §1]
HI Rev Stat § 201H-31 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-31 Criteria.

 §201H-31 Criteria. In administering this chapter and other laws of the State applicable to the supplying of housing or the assistance in obtaining housing, the corporation shall give preference to those applicants most in need of assistance in obtaining housing, in light of the amount of moneys available for the various programs. In doing so, the corporation shall take into consideration the applicant's household income and number of dependents; the age of the applicant; the physical disabilities of the applicant or those living with the applicant; whether or not the present housing of the applicant is below standard; whether or not the applicant's need for housing has arisen by reason of displacement of the applicant by governmental actions; and other factors as it may deem pertinent. [L 2006, c 180, pt of §3]
HI Rev Stat § 201H-34 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-34 Additional powers; development.

 §201H-34 Additional powers; development. Notwithstanding section 103-7, but with the approval of the governor, the corporation may enter into and carry out agreements and undertake projects or participate in projects authorized by this chapter. [L 2006, c 180, pt of §3]
HI Rev Stat § 201H-34.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-34.5 Authority to modify and amend development agreements with eligible developers.

 §201H-34.5 Authority to modify and amend development agreements with eligible developers. The corporation is authorized to amend, delete, restate, and otherwise modify the terms, conditions, plans, specifications, and all other matters relating, directly or indirectly, to any housing project that was previously approved by the corporation, including the terms, covenants, and conditions of any development agreement for a housing project between the corporation and an eligible developer. [L 2009, c 143, §1]
HI Rev Stat § 201H-35 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-35 Bond financing.

 §201H-35 Bond financing. The director of finance may issue general obligation bonds and short-term project notes of the State in an aggregate amount not to exceed $105,000,000 for the dwelling unit revolving fund created by section 201H-191. Pending the receipt of funds from the issuance and sale of the bonds and notes, the amount required for the purposes of this chapter shall be advanced from the general fund of the State. Upon the receipt of the bond or note funds, the general fund shall be reimbursed. The director of finance may sequester and separate the proceeds from the sale of the bonds and notes into separate funds and the amounts in either fund may be used for any of the purposes set forth in this chapter. [L 2006, c 180, pt of §3]
HI Rev Stat § 201H-37 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-37 Exemption from tax on income and obligations.

 §201H-37 Exemption from tax on income and obligations. Income earned and obligations issued by a nonprofit entity determined to constitute a "public housing agency" pursuant to section 3(b)(6) of the United States Housing Act of 1937, as amended, and which income and obligations are declared by the United States Department of Housing and Urban Development to be exempt from all taxation imposed by the United States pursuant to section 11(b) of the United States Housing Act of 1937, shall be exempt from all taxation now or hereafter imposed by the State. [L 2006, c 180, pt of §3; am L 2016, c 55, §2]
HI Rev Stat § 201H-39 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-39 Starter homes; design standards; applicant eligibility; authority to incorporate starter homes into housing projects of the corporation.

 §201H-39 Starter homes; design standards; applicant eligibility; authority to incorporate starter homes into housing projects of the corporation. (a) The corporation shall adopt rules in accordance with chapter 91 to establish design and construction standards for starter homes configured to expand incrementally over time. For the purposes of this section, "starter home" means a dwelling unit that is designed to meet the basic living capacity requirements of homebuyers with families of limited size by eliminating unnecessary design and space amenities, but which nonetheless enables future expansion, modification, and improvement by the owner to accommodate increased occupancy over time as may be necessary. The rules shall include building, setback, minimum lot size, infrastructure, and architectural standards for the construction and development of starter homes.  (b) In addition to the requirements of subsection (a), the corporation shall adopt rules in accordance with chapter 91 to establish the basic requirements for families eligible to purchase starter homes under this section. The rules shall include guidelines and restrictions on occupancy standards initially permitted in a starter home, as well as the income ranges of families eligible to qualify for purchases under this section.  (c) The corporation may incorporate starter homes into any affordable housing project developed by the corporation under this chapter. The corporation shall determine on a project-by-project basis the number of starter home units to be included in each particular project.  (d) The corporation shall include in its annual report to the legislature a report on the number of starter homes constructed and developed by the corporation in accordance with the authorization provided in this section. [L 2006, c 180, pt of §3]
HI Rev Stat § 201H-40 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|201H. Hawaii Housing Finance and Development Corporation|201H-40 Housing projects; construction and sponsorship.

 §201H-40 Housing projects; construction and sponsorship. (a) The corporation, on behalf of the State or with eligible developers and contractors, shall develop real property and construct dwelling units thereon; provided that not less than ten per cent of the total number of units in single-family projects consisting of fifty units or more sponsored by the corporation shall be first offered to owner-builders or to nonprofit organizations assisting owner-builders in the construction of units thereon. Qualifications for developers and contractors shall be provided by rules adopted by the corporation in accordance with chapter 91. Any person, if qualified, may act as both the developer and the contractor.  (b) In selecting the eligible developers or in contracting any services or materials for the purposes of this chapter, the corporation shall not be subject to the competitive bidding laws.  (c) If working in partnership with an eligible developer, the corporation shall have sole control of the partnership, shall keep all books of the partnership, and shall ascertain all costs of the partnership, including the cost of services performed by any other partners, and the corporation shall audit the same. The other partners shall perform services for the partnership under the direction of the corporation and shall be reimbursed for all costs relating to the project as certified by the corporation, including administrative and overhead costs. Additionally, the other partners, upon transfer of title by the corporation to the purchaser, shall be entitled to a guaranteed gross share if the actual cost of the project does not exceed the original project cost. The gross share shall not exceed fifteen per cent of the original project cost prorated to the dwelling units, less any amount subsidized by the State. Subsidies shall include unrecovered development and land costs and any other subsidized items as defined in rules adopted by the corporation pursuant to chapter 91. The percentage of the share shall be determined by the corporation by contract with the partners based upon the nature of the services rendered by them. For purposes of this subsection, "original project cost" means the original budget of a project as approved by the corporation without modification at a later date.  (d) The corporation may require that performance bonds be posted to the benefit of the State with surety satisfactory to the corporation guaranteeing performance by the other partners, or the State may act as a self-insurer requiring security, if any, from the other partners, as the corporation shall deem necessary. [L 2006, c 180, pt of §3]