reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 15-304-3 - Consolidated plan

Current through June, 2024
(a) The consolidated plan is a tool
				  established by the United States Department of Housing and Urban Development to
				  help states and localities to assess their affordable housing and community
				  development needs and market conditions, and to make data-driven, place-based
				  investment decisions. The consolidated planning process is the framework for a
				  community-wide dialog to identify housing and community development priorities
				  that align with and focus funding from the United States Department of Housing
				  and Urban Development's community planning and development formula block grant
				  programs.
(b) The corporation shall
				  solicit public input into the consolidated plan in the manner required in 24
				  CFR part 91, subpart B, and consistent with the citizen participation plan
				  described in section 15-304-4.
(c)
				  The consolidated plan shall be implemented through annual action plans, which
				  provide a concise summary of the actions, activities, and specific federal and
				  non-federal resources that will be used each year to address the priority needs
				  and specific goals identified by the consolidated plan.
(d) Accomplishments and progress toward
				  consolidated plan goals shall be reported to the United States Department of
				  Housing and Urban Development in the consolidated annual performance and
				  evaluation report.
(e) The
				  corporation, with the assistance and cooperation of the applicable state and
				  county entities, shall prepare the consolidated plan as required by the United
				  States Department of Housing and Urban Development. The corporation's
				  consolidated plan shall include:
(1) The HOME
				  Investment Partnerships Program for the State;
(2) The Housing Trust Fund program for the
				  State; and
(3) The emergency
				  solutions grants program and housing opportunities for persons with AIDS
				  program plans for the State.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 15-304-4 - Citizen participation plan

Current through June, 2024
(a) The citizen
				  participation plan sets forth policies and procedures for citizen participation
				  in the consolidated planning process. The plan provides for, and encourages
				  citizens to, participate in the development of the consolidated plan, any
				  substantial amendments to the consolidated plan, and the consolidated annual
				  performance and evaluation report to the United States Department of Housing
				  and Urban Development.
(b) The
				  citizen participation plan shall require the corporation to provide the
				  following information to the public and stakeholders:
(1) The amount of assistance the corporation
				  expects to receive;
(2) The range
				  of activities that may be undertaken, including the estimated amount that will
				  benefit low- and moderate-income persons;
(3) Plans to minimize displacement of persons
				  and to assist any persons displaced; and
(4) How and when this information is to be
				  made available.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 15-304-5 - Administrative fees and costs

Current through June, 2024
(a) The corporation
				  shall be entitled to all eligible fees and costs allowed by the United States
				  Department of Housing and Urban Development for administration of federal
				  formula grants referenced in this chapter.
(b) For rental projects receiving funds under
				  this chapter, the corporation may charge the project an annual compliance
				  monitoring fee of up to $35 per unit per year for all assisted units, excluding
				  managers' units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 15-304-6 - Compliance with federal requirements

Current through June, 2024
(a) The corporation
				  shall require all entities that administer or receive allocations or awards of
				  federal funds under this chapter to comply with all laws, regulations, or
				  notices applicable to the federal formula grant programs referenced in this
				  chapter as a condition of using the allocations or awards of federal
				  funds.
(b) The corporation shall
				  monitor the performance of all entities that administer or receive allocations
				  or awards of federal funds under this chapter to ensure compliance with
				  applicable federal requirements. The corporation may enter into agreements with
				  third party contractors to perform compliance monitoring services on its
				  behalf.
(c) The corporation may
				  take any and all actions authorized by the United States Department of Housing
				  and Urban Development for grantees to enforce compliance with federal
				  requirements by all entities that administer or receive allocations or awards
				  pursuant to this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 2 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 15-304-10 - Designation of corporation as HOME program administrator

Current through June, 2024
The corporation has been designated as the HOME program
					 administrator for the State. In this capacity, the corporation shall administer
					 the HOME program as the participating jurisdiction for each federal program
					 year in accordance with the requirements of the HOME program pursuant to 24 CFR
					 part 92 and as established by the United States Department of Housing and Urban
					 Development.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 2 - HOME INVESTMENT PARTNERSHIPS PROGRAM › Section 15-304-11 - Generally

Current through June, 2024
(a) The corporation may enter into agreements
				  with state recipients, sub-recipients, or contractors, for administration of
				  allocated funds, as provided under 24 CFR part 92.
(b) The corporation shall allocate, or cause
				  to be allocated as set forth in subsection (a), the aggregate amounts of HOME
				  funds awarded to the State by the United States Department of Housing and Urban
				  Development in accordance with the consolidated plan and all procedures
				  pertaining thereto. The corporation may amend the consolidated plan to
				  reallocate funds to other eligible uses to ensure the federal funds are fully
				  expended.
(c) The corporation may
				  allocate HOME funds or cause HOME funds to be allocated for the uses allowed
				  under the HOME program, including but not limited to:
(1) Home purchase or rehabilitation financing
				  assistance to eligible homeowners and new homebuyers;
(2) Construction or rehabilitation of housing
				  for rent or ownership;
(3) Site
				  acquisition or improvement;
(4)
				  Demolition of dilapidated housing;
(5) Tenant-based rental assistance;
				  and
(6) Payment of relocation
				  expenses.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 3 - HOUSING TRUST FUND PROGRAM › Section 15-304-20 - Designation of corporation as housing trust fund grantee; selection of subgrantee

Current through June, 2024
(a) The corporation
				  has been designated by the governor as the Housing Trust Fund grantee for the
				  State. In this capacity, the corporation shall administer the Housing Trust
				  Fund program for each federal program year in accordance with the Housing Trust
				  Fund program requirements pursuant to 24 CFR part 93 and as established by the
				  United States Department of Housing and Urban Development.
(b) The corporation may select a unit of
				  local government or a state agency as a subgrantee to administer all or a
				  portion of its Housing Trust Fund program. A local government subgrantee must
				  have an approved consolidated plan submitted in accordance with 24 CFR part 91
				  to be selected.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 304 - ADMINISTRATION OF FEDERAL PROGRAMS › Subchapter 3 - HOUSING TRUST FUND PROGRAM › Section 15-304-21 - Generally

Current through June, 2024
(a) The corporation may use the Housing Trust
				  Fund for uses allowed under the Housing Trust Fund program, including the new
				  construction, acquisition, or rehabilitation of rental housing units affordable
				  to extremely low-income families at or below thirty per cent of the area median
				  income, and when necessary and subject to the limitations in
				  24 CFR section
				  93.200(a), operating costs
				  defined at 24 CFR section
				  93.201(e) (1) for Housing
				  Trust Fund assisted rental units for which project-based assistance is not
				  available.
(b) The corporation
				  shall prepare an annual housing trust fund allocation plan as part of the
				  consolidated planning process. The annual housing trust fund allocation plan
				  shall describe the distribution of funds and establish the application
				  requirements and the criteria for the selection of applications submitted by
				  eligible recipients that meet the State's priority housing needs.
(c) The annual housing trust fund allocation
				  plan shall reflect how the housing trust fund will be distributed, such -as
				  through grants to subgrantees or directly to eligible recipients, as required
				  under 24 CFR section
				  91.320(k)(5).
(d) The corporation may amend the housing
				  trust fund allocation plan following the procedures provided in 24 CFR part
				  91.
(e) The corporation shall
				  delegate to the executive director responsibility for day-to-day administration
				  of this program."
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-305-1 - Purpose and applicability

Current through June, 2024
This chapter is adopted pursuant to chapter
					 91, HRS, and implements chapter
					 516, HRS, which applies to all
					 leasehold residential lots owned or held privately, or owned by the State or by
					 the counties. Certain Hawaiian home lands and lands owned or held by the
					 federal government are excluded.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-305-2 - Definitions

Current through June, 2024
Unless otherwise clear from the context or unless further
					 defined herein, the definitions of terms in chapter
					 516, HRS, shall be applicable to this
					 chapter. As used in this chapter:
"Additional deposit" means one or more additional deposits
					 of not less than $500, which shall be used to pay for administrative costs and
					 tract costs not covered by the initial deposit. Such a deposit may be collected
					 in advance if the projected costs exceed the initial deposit.
"Corporation" means the Hawaii housing finance and
					 development corporation.
"Executive director" means the executive director employed
					 by the corporation or the executive director's designated
					 representative.
"Initial deposit" means a fee of not less than $1,000
					 assessed to all lessees applying to purchase the leased fee interest in their
					 respective residential houselots. The initial deposit, which may also be
					 referred to as an application fee, shall be used to cover tract costs.
"Lessor" means the fee simple owner, and legal and
					 equitable owners who lease or sublease land to another and their heirs,
					 successors, legal representatives, and assigns.
"Lessor's costs" means actual out-of-pocket expenses of
					 appraisal, survey, and attorney's fees that the owner, the lessor and the legal
					 and equitable owners of the land designated for acquisition may have incurred
					 as a result of the designation.
"Qualified lessee" means a person who has applied,
					 petitioned, and qualified for the designation and condemnation of the person's
					 leasehold lot and who has executed a contract to purchase with the
					 corporation.
"Substituting lessee" means a person who substitutes the
					 person's self for the original applicant subject to outright purchase or by an
					 agreement of sale pursuant to the consent of the substitution by the executive
					 director.
"Tract costs" means direct costs incurred by a particular
					 development tract in conjunction with the designation, condemnation,
					 acquisition and disposition of the leased fee interest in the residential lots
					 of the tract. Such costs may include but are not limited to costs of
					 administrative salaries for direct time spent on a particular tract by the
					 corporation's personnel, appraisals, attorney's fees, public hearing expenses,
					 escrow fees, and title reports.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-305-3 - Public information

Current through June, 2024
The executive director shall disseminate information and
					 render assistance to lessees of residential lots in order that chapter
					 516, HRS, may be understood and
					 effectively implemented. The executive director may use available news media to
					 implement this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-11 - Designation initiated by lessees

Current through June, 2024
(a) The lessees of
				  residential lots in any qualified development tract may request designation of
				  that development tract for acquisition, in whole or part, as provided in this
				  section.
(b) The lessees desiring
				  to acquire the leased fee interests in their residential lots shall initially
				  determine whether chapter
				  516, HRS, applies to their
				  development tract. The lessees may submit their findings to the executive
				  director prior to formal application, and the executive director may provide a
				  preliminary determination as to tract qualification.
(c) The lessees shall submit to the executive
				  director a request for designation of the development tract on a form provided
				  by the executive director.
(1) The request
				  for designation shall contain sufficient information to identify the
				  development tract and the fee owners thereof. Each request for designation
				  shall have attached a tax map showing the development tract and the residential
				  lots of the lessees requesting designation;
(2) Each lessee requesting designation of the
				  development tract shall sign a signature sheet which shall be attached to the
				  request for designation and which sufficiently identifies the lessee's lot. The
				  signature of each requesting lessee shall constitute a certification that the
				  lessee has read, understood and agreed to or with all representations,
				  covenants, and statements of consequence contained in the request for
				  designation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-12 - Analysis and reply

Current through June, 2024
(a) The executive director shall review the
				  lessees' request for designation and shall report to the corporation on the
				  feasibility of such designation. Within ninety days after receipt of a request
				  for designation and all required accompanying documents and initial deposit,
				  the executive director shall inform the lessees' representative of the
				  preliminary determination of the feasibility of designation and shall inform
				  the lessees when a public hearing will be scheduled pursuant to section
				  15-305-15.
(b) The executive
				  director shall review each lessee's application to purchase and all
				  accompanying forms. If the executive director makes a preliminary determination
				  that a lessee is not financially or otherwise qualified to participate in the
				  designation, the executive director shall so notify the lessee within ninety
				  calendar days, and shall return the lessee's application to purchase.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-13 - Boundaries of development tract

Current through June, 2024
The corporation shall make the final determination of the
					 boundaries of a development tract and when requested by lessees to designate a
					 particular area as such, may-change and revise the boundaries in any manner
					 which it considers to be most feasible, and its decisions shall be
					 final.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-14 - Designation initiated by corporation

Current through June, 2024
The corporation, on its own initiative, may designate a
					 development tract for acquisition through the procedures specified in sections
					 15-305-15 to 15-305-20.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-15 - Notice, hearings and findings

Current through June, 2024
The corporation shall designate all or a portion of a
					 development tract by the resolution duly adopted by the corporation. Prior to
					 adoption of the resolution:
(1) The
				  corporation shall give notice of the proposed designation by publication of the
				  resolution and of the time and place of the public hearing scheduled to be held
				  on the proposed designation, in a newspaper of general circulation in the
				  county in which the development tract is situated, on at least three different
				  days, the last publication being not less than five days before the hearing.
				  Notice shall be given by mail to those persons, at their last recorded address,
				  who have made a prior written request for such notice by mail;
(2) The public hearing shall be held in the
				  county in. which the development tract is situated. All interested persons
				  shall be afforded the opportunity to submit data, views, or arguments for or
				  against the proposed designation, orally or in writing. Written submissions may
				  be made to the executive director prior to or during the public hearing,
				  without the necessity of oral presentations.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-16 - Negotiation

Current through June, 2024
(a) After the public hearing, and if there is
				  a finding that the designation will effectuate the public purpose of chapter
				  516, the corporation shall request the lessor and lessees, or their designated
				  agents, to negotiate the just compensation which the lessees will pay the
				  lessor to acquire all or part of the subject development tract under
				  consideration.
(b) Negotiations
				  shall end sixty calendar days from the date the corporation requests
				  negotiations to begin. If no agreement is reached within the sixty day period,
				  the executive director may:
(1) Extend the
				  negotiation period by not more than sixty additional calendar days with the
				  concurrence of the lessees and lessor;
(2) Call a final negotiation meeting in which
				  there shall be a simultaneous exchange of final offers together with any
				  appraisals, other documents, and any expert opinions on which their negotiating
				  positions were based. Violation or noncompliance with this paragraph shall be
				  cause to institute provisions as prescribed by section 15-305-4 2; or
				  both.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-17 - Financial qualification

Current through June, 2024
(a) After the
				  setting of the qualification amounts, the corporation shall give each lessee
				  who has submitted an application to purchase a notice by certified mail sent to
				  the lessee's last known address, informing the lessee of the qualification
				  amount for the lot and requesting that the lessee submit the following
				  financial information;
(1) An accurate and
				  updated financial statement; and
(2) A true and correct copy of a letter of
				  credit, certificate of deposit, proof of funds, or loan commitment letter
				  demonstrating that the lessee is able to pay the qualification
				  amount.
(3) Evidence of other
				  assets such as precious metals, coins, jewelry, stocks, bonds, etc., may be
				  acceptable as proof of funds provided that verification is made and attested to
				  by, a qualified independent financial officer, broker, appraiser,
				  etc,
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-18 - General qualification requirements

Current through June, 2024
(a) In addition to
				  financial qualification, each lessee shall demonstrate the ability to meet the
				  following requirements at the time of application and at the time of purchase,
				  as required by section
				  516-33,
				  HRS:
(1) The applicant shall either have
				  legal title to the property or shall have an equitable interest in the
				  residential structure as the vendee under an agreement of sale;
(2) The applicant shall be at least eighteen
				  years of age;
(3) The applicant
				  shall be a bonafide resident of the State of Hawaii and reside on the lot,
				  except in hardship circumstances as determined by the corporation on a case by
				  case basis;
(4) The applicant shall
				  not own in fee simple land suitable for residential purposes within the county
				  and in or reasonably near the place of employment or business of the applicant.
				  A husband and wife together, unless separated and living apart under a decree
				  of separation issued by a court of competent jurisdiction, shall be considered
				  jointly in owning fee simple land. Provided that whenever any of the applicants
				  on title to the subject lot owns other fee simple land(s) suitable for
				  residential purposes in the county but is on title to the subject lot solely
				  for purposes of mortgage financing as co-mortgagor and co-owner, such applicant
				  shall not cause the disqualification of the subject lot for lease to fee
				  conversion. Applicants who claim an exemption under this subpart shall comply
				  with the following:
(A) the applicant must
				  provide a letter from a mortgage lender attesting to the necessity of having
				  such co-mortgagor/co-owner on leasehold title for mortgage purposes;
				  and
(B) the co-mortgagor/co-owner
				  under this sub-part shall sign an affidavit that he/she appears on title as
				  co-owner only for financing purposes as co-mortgagor and does not reside or
				  intend to reside at the leasehold property applied for;
(5) The applicant shall not have pending
				  before the corporation an unrefused application to lease or purchase a
				  residential lot. A husband and wife together, unless separated and living apart
				  under a decree of separation issued by a court of competent jurisdiction, shall
				  be entitled to purchase only one lot under this chapter; and
(6) The applicant shall submit to the
				  executive director copies of any mortgage or other encumbrance on the house and
				  lot and shall provide any other information requested by the executive director
				  in connection with the application.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-19 - Additional deposit

Current through June, 2024
Along with financial information set forth in section
					 15-305-17, lessee may be required to submit an additional deposit of not less
					 than $500, as defined in section 15-305-2. Failure to submit a required deposit
					 shall preclude a lessee from proceeding with designation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-20 - Title search

Current through June, 2024
The executive director may request a title search to be
					 made prior to designation of specific lots within the tract for
					 acquisition.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 2 - APPLICATION, NEGOTIATION AND DESIGNATION › Section 15-305-21 - Designation

Current through June, 2024
The corporation may designate all or a portion of the
					 development tract for acquisition pursuant to section
					 516-22,
					 HRS, upon the following conditions:
(1) A designation shall be made by resolution
				  duly adopted by the corporation, which resolution shall state the corporation's
				  findings and shall identify the residential leasehold lots for which the
				  corporation intends to acquire the leased fee interest;
(2) The corporation's determination to
				  designate individual residential leasehold lots within a development tract
				  shall take into consideration all qualification requirements and shall not be
				  based solely upon the request for designation;
(3) Upon designation, the executive director
				  shall mail a copy of the resolution to the fee owner and the representative of
				  the lessees of the development tract, if any, and to those persons who have
				  made prior written request for notice (at their last recorded address); and a
				  copy of the resolution shall be published once in a newspaper or general
				  circulation in the county in which the development tract is situated;
(4) Amendments to the designation resolution
				  may be adopted by the corporation as follows:
(A) In a development tract being contested by
				  the lessor, a lessee shall have sixty calendar days from the adoption date of
				  the first designation resolution to meet the qualification requirements and be
				  subsequently designated. Lessees who fail to meet the qualification
				  requirements within the sixty calendar day period following date of first
				  designation shall not be permitted to join the eminent domain proceedings
				  unless and until said lessee has complied with the executive director's
				  request; and
(B) Where the lessor
				  and lessee agree to additional designations, additional resolutions designating
				  additional leasehold lots for acquisition may be adopted by the corporation
				  provided that the lessees have applied and have been preliminarily
				  qualified.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-31 - Ineligibility and disqualification

Current through June, 2024
(a) Prior to
				  designation, if the executive director makes a preliminary determination that
				  an applicant does not qualify to purchase or lease under chapter
				  516, HRS, the executive director
				  shall send a written notification of that determination to the applicant at the
				  applicant's last known address. The written notification shall state the
				  requirements that the applicant has failed to meet and any other reason the
				  applicant does not qualify as determined by the executive director.
(b) If the applicant so notified desires to
				  contest the executive director's determination, the applicant, within sixteen
				  calendar days after the date the notification is mailed, shall file with the
				  corporation a written request for reconsideration with a written statement of
				  the reasons the applicant believes that the executive director's determination
				  is incorrect. Final determination of the request for reconsideration may be
				  made by the corporation prior to or at its meeting on the resolution for
				  designation. Any request for reconsideration shall be heard pursuant to the
				  corporation's rules of practice and procedure, and chapter
				  91, HRS.
(c) The applicant who is ruled ineligible and
				  who is disqualified from purchasing shall pay to the corporation a prorata
				  share of all costs incurred up to the date of the applicant's disqualification.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-32 - Withdrawal from participation

Current through June, 2024
(a) If, after
				  application for purchase but prior to designation for acquisition, any lessee
				  withdraws the lessee's application, the corporation shall be entitled to deduct
				  the actual pro rata share of tract costs from the initial deposit and
				  additional deposit made pursuant to section
				  516-33.5,
				  HRS, and section 15-305-11. The executive director shall bill the lessee for
				  any amounts not paid after the deposits have been applied or may take whatever
				  action the executive director deems necessary to collect the costs from the
				  lessee.
(b) If, after the
				  designation for acquisition but prior to acquisition of the leased fee interest
				  by the corporation, any lessee who has applied to purchase the leased fee
				  interest in the lessee's residential lot withdraws the application, or fails or
				  refuses to pay such reasonable fees assessed by the executive director for the
				  services of appraisers, title searches, and other tract costs, or otherwise
				  breaches or violates the provision and covenants of the request for designation
				  or of the application to purchase, the corporation, at its option, may cease
				  all efforts to acquire the leased fee interest in that lessee's residential lot
				  and the lessee shall pay to the corporation the lessee's pro rata share of all
				  tract costs incurred in the designation and subsequent efforts to acquire the
				  leased fee interest in the residential lot.
(c) Failure by the lessee to close escrow
				  within thirty calendar days after the expiration of the sixty calendar day
				  period set forth in section
				  516-30,
				  HRS, shall constitute a failure to purchase and the lessee shall be responsible
				  for all costs and fees as set forth in subsection (b).
(d) The executive director may take whatever
				  action the executive director deems necessary to collect the costs and fees set
				  forth in this section from the lessee, including the automatic deductions of
				  the costs and fees from the initial deposit and additional deposit made by the
				  lessee in accordance with section 15-305-11.
(e) If, after designation or the filing of
				  the condemnation complaint, a lessee withdraws the lessee's lot from the
				  condemnation action or fails to purchase the leased fee interest to the lot,
				  the lessee is liable for the lessee's pro rata share of costs as set forth in
				  sections
				  516-23
				  and
				  516-30,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-33 - Substitution of applicants

Current through June, 2024
(a) A substituting
				  lessee may take the place of a withdrawing lessee provided that the
				  substituting lessee meets all of the qualification requirements stated in
				  section 15-305-18, and submits the financial information called for in section
				  15-305-16.
(b) The substituting
				  lessee shall submit to the executive director a request for substitution. The
				  executive director shall make a preliminary determination of the applicant's
				  qualification to be substituted as a lessee.
(c) The lessee who is being substituted shall
				  assign all title, rights and interest under the application to the substituting
				  lessee. The substituting lessee shall assume all liabilities of the withdrawing
				  lessee.
(d) The substituting lessee
				  shall assume all responsibility for obtaining approval of the court for
				  substitution into the condemnation action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-34 - Submission of cost expenditures by fee owners

Current through June, 2024
(a)
				  Subsequent to the designation, the fee owner, lessor and the legal and
				  equitable owners of the lots condemned by the corporation, shall maintain and
				  submit to the corporation a quarterly report on the costs incurred or expended.
				  This quarterly report shall be submitted within thirty calendar days following
				  the end of each quarter involved, and shall be used for the purpose of
				  determining pro rata costs of each lot in the event it is withdrawn from the
				  condemnation action.
(b) The
				  initial quarterly report shall consist of costs incurred or expended during the
				  month of designation, as well as during the three calendar months following.
				  Thereafter, three calendar months shall constitute a quarter.
(c) Such reports shall also be updated from
				  time to time upon the dismissal of a lot and lessees from the condemnation
				  action. The update to the date of dismissal shall be submitted to the
				  corporation within thirty calendar days after notification of the
				  dismissal.
(d) Failure to submit
				  the expenditure report as prescribed will be grounds for disallowing the same
				  unless the delay is consented to by the corporation for good cause
				  shown.
(e) Costs expenditure
				  submitted shall be subject to review and approval of the corporation or the
				  courts in case of disagreement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-35 - Appraisal fee

Current through June, 2024
(a) The executive director may assess and
				  collect from the lessees who have indicated a desire to acquire the leased fee
				  interest in their residential lots an amount reasonably necessary for the
				  services of an appraiser or appraisers contracted by the executive director to
				  determine the owner's basis of the leased fee interest to be acquired. The
				  appraisal fee shall be included in the initial deposit and additional deposit
				  required by section
				  516-33.5,
				  HRS, and section 15-305-11.
(b)
				  Each lessee failing to pay any fee assessed in subsection (a) within thirty
				  calendar days after written notice to pay such fee may be prohibited from
				  acquiring the leased fee interest of the lessee's lot pursuant to chapter
				  516, HRS. .
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-36 - Disposition; purchase of fee interest by lessee

Current through June, 2024
The lessee shall purchase the fee interest of the lessee's
					 leasehold lot within sixty calendar days of the acquisition of the interest by
					 the corporation pursuant to the contract to purchase. The lessee, however,
					 shall not be in default in the performance of the lease
					 obligation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-37 - Disposition; purchase of fee interest by the corporation

Current through June, 2024
(a)
				  Upon acquisition of the fee interest in leasehold lots of a development tract,
				  the corporation shall sell the fee interest to the lessees of the leasehold
				  lots as prescribed in section 15-305-36.
(b) If the lessee fails to purchase the fee
				  interest, the corporation may lease the acquired residential lot for periods of
				  twenty years or less to the lessee at a lease rental rate sufficient to pay for
				  the principal and interest on bonds issued, or for other financing, for the
				  purpose of this chapter, as well as expenses incurred in administering chapter
				  516, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-38 - Sales price

Current through June, 2024
(a) The sales price of the leased fee
				  interest in a residential lot to the lessee of the lot shall be that amount of
				  money that will enable the corporation to recover the total cost of acquiring
				  the lot.
(b) The total cost of
				  acquisition shall include:
(1) The actual cost
				  of acquisition determined by negotiation or by eminent domain
				  proceedings;
(2) Any and all court
				  costs;
(3) The cost of appraisal
				  not previously paid for pursuant to section 15-305-35;
(4) Any other tract costs incurred by the
				  corporation;
(5) An amount
				  sufficient to pay the principal and interest on bonds issued or to be issued,
				  or other financing, for the purpose of carrying out chapter
				  516, HRS; and
(6) An amount sufficient to create and
				  maintain a reserve to enable the corporation to make the largest amount of
				  principal and interest payments which may be due on such bonds in any one
				  year.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-41 - Zoning changes

Current through June, 2024
All lessors shall notify their lessees when applying for a
					 change in zoning if the lessees reside within three-fourths mile of the land
					 proposed to be rezoned. Notice to the lessees shall be in writing or published
					 in a newspaper of general circulation at least thirty calendar days before
					 filing the rezoning application with the appropriate public zoning authority. A
					 copy of the notice shall be submitted to the corporation at the time of mailing
					 to the lessees or publication.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 305 - LAND REFORM PROGRAM › Subchapter 3 - CONDEMNATION, ACQUISITION AND DISPOSITION › Section 15-305-42 - Investigations

Current through June, 2024
The executive director may conduct an investigation or
					 investigate a written complaint when it appears chapter
					 516, HRS, or these rules are being
					 violated.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 306 - GENERAL EXCISE TAX EXEMPTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 15-306-1 - Purpose

Current through June, 2024
This chapter implements sections
					 201H-36
					 and
					 237-29,
					 HRS, regarding general excise tax exemptions for qualified persons and firms
					 involved in providing low and moderate income housing. The legislative intent
					 of the general excise tax exemption is to achieve cost savings to assure
					 economic feasibility which will encourage and enable the production of as many
					 lower cost housing units as possible.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 306 - GENERAL EXCISE TAX EXEMPTIONS › Subchapter 1 - GENERAL PROVISIONS › Section 15-306-3 - Fees

Current through June, 2024
The corporation shall charge the following fees:
(1) Application for exemption of an eligible
				  housing project and claimant: $500, to be adjusted annually each July 1 using
				  the consumer price index series title: all items in U.S. city average, all
				  urban consumers, not seasonally adjusted, for the month of April published by
				  the U.S. Department of Labor, Bureau of Labor Statistics. The corporation shall
				  post any fee changes on its website;
(2) Subsequent applications for certification
				  of claimants of an eligible housing project: $300, to be adjusted annually each
				  July 1 using the consumer price index series title: all items in U.S. city
				  average, all urban consumers, not seasonally adjusted, for the month of April
				  published by the U.S. Department of Labor, Bureau of Labor Statistics. The
				  corporation shall post any fee changes on its website;
(3) Application for annual certification of
				  rental income generated by an eligible housing project: $300, to be adjusted
				  annually each July 1 using the consumer price index series title: all items in
				  U.S. city average, all urban consumers, not seasonally adjusted, for the month
				  of April published by the U.S. Department of Labor, Bureau of Labor Statistics.
				  The corporation shall post any fee changes on its website; and
(4) A reasonable annual compliance monitoring
				  fee may be charged to cover administrative expenses. It will be the
				  responsibility of the corporation or its designated representative to inform
				  the project owner of any changes in the annual compliance fee. The fee may be
				  adjusted annually each July 1.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 306 - GENERAL EXCISE TAX EXEMPTIONS › Subchapter 2 - CERTIFICATION OF PERSONS AND FIRMS › Section 15-306-11 - Types of income eligible for exemption

Current through June, 2024
(a) With respect to
				  for-sale housing projects, the gross income received by a qualified person or
				  firm as allowable development costs, allowable construction costs, or allowable
				  financing costs for the planning, design, financing, construction, or sale of
				  an eligible housing project may be exempt from general excise taxes.
(b) With respect to rental housing projects,
				  the gross income received by a qualified person or firm as allowable
				  development costs, allowable construction costs, or allowable financing costs
				  for the planning, design, financing, construction, moderate rehabilitation, or
				  substantial rehabilitation of an eligible housing project may be exempt from
				  general excise taxes.
(c) Rents
				  received from residential units in a rental housing project may be exempt from
				  general excise taxes; provided that in an economically integrated housing
				  project in which only a portion of the units in a project are targeted for
				  lower income households, the exemption shall apply to only that portion
				  targeted for lower income households.
(d) Revenues received from commercial,
				  industrial, or other nonresidential uses within an eligible housing project,
				  such as coin operated vending machines, laundromats, parking fees, and the
				  like, shall not be eligible for an exemption from general excise
				  taxes.
(e) Except for moderate
				  rehabilitation and substantial rehabilitation, revenues received for
				  contracting, services, and materials provided in connection with the
				  management, operation, maintenance, and repair of a rental housing project
				  shall not be eligible for an exemption from general excise taxes.