reglab/statecodes huggingface dataset:
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 15-306-12 - Application for certification of newly constructed or rehabilitated housing projects

Current through June, 2024
When an exemption from general excise taxes is requested by
					 a claimant involved with a newly constructed or rehabilitated housing project,
					 the following shall apply.
(1) The
				  developer or general contractor of an eligible housing project shall submit to
				  the corporation completed general excise tax exemption claims (department of
				  taxation form G-37) on behalf of any subcontractors, material houses, real
				  estate sales agencies, or other firms involved with the planning, design,
				  financing, construction, or sale of the housing project;
(2) Along with the claim forms, the developer
				  or general contractor shall submit to the corporation the following information
				  on the eligible housing project:
(A) A
				  description of the eligible housing project, including the number of housing
				  units affordable to households earning up to fifty per cent, sixty per cent,
				  eighty per cent, ninety-five per cent, and one hundred forty per cent,
				  respectively, of the area median income, as determined by HUD;
(B) Authorization for the corporation to
				  conduct on-site inspections of the affordable housing project if the project is
				  not being developed or rehabilitated under the sponsorship of the
				  corporation;
(C) A written
				  statement indicating how any cost savings realized from the exemption from
				  general excise taxes will be used;
(D) A cover letter requesting the tax
				  exemption, which includes the following:
(i) A
				  list of qualified persons or firms previously granted or currently claiming an
				  exemption; and
(ii) Contract
				  amounts for each of the qualified persons or firms; and
(E) Any additional information necessary for
				  the corporation to make a determination; and
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 15-306-13 - Application for certification of rental housing projects

Current through June, 2024
The following requirements shall apply to requests for
					 exemptions from general excise taxes for affordable rents received from
					 affordable housing units in newly constructed or moderately or substantially
					 rehabilitated rental housing projects:
(1) The claimant shall annually complete and
				  submit to the corporation a general excise tax exemption claim (department of
				  taxation form G-37);
(2) Along with
				  the claim form, the claimant shall submit to the corporation the following
				  information on the eligible housing project:
(A) A description of the eligible housing
				  project, including the number of housing units affordable to households earning
				  up to fifty per cent, sixty per cent, eighty per cent, ninety-five per cent,
				  and one hundred forty per cent, respectively, of the area median income, as
				  determined by HUD;
(B) A schedule
				  showing rents charged on all housing units providing verification that the
				  lower income household tenants meet the income criteria necessary for the tax
				  exemption and an audited income statement or a reconciliation of the department
				  of taxation form G-49 for the claimant's project if provided for in the
				  regulatory agreement;
(C)
				  Authorization for the corporation to conduct on-site inspections of the
				  project;
(D) A written statement
				  indicating how any cost savings realized from the exemption from general excise
				  taxes will be used; and
(E) Any
				  additional information necessary for the corporation to make a
				  determination;
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 15-306-14 - Criteria for determining eligibility of projects

Current through June, 2024
In approving or disapproving a project for exemption from
					 general excise taxes, the corporation shall determine whether:
(1) The project is an eligible housing
				  project under these rules;
(2) The
				  exemption from general excise taxes will achieve cost savings to assure
				  economic feasibility which will encourage and enable the production or
				  preservation of as many lower cost housing units as possible; and
(3) The project is consistent with any other
				  requirements under the law or under this chapter.
The corporation may disapprove a project for exemption from
					 general excise taxes if these criteria are not met.
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 15-306-15 - Substantial changes

Current through June, 2024
If a contract for work on a certified project experiences
					 substantial changes, the claimant must submit a revised, or amended, department
					 of taxation form G-37 for certification by the corporation. This revised form
					 G-37 must include the full amounts of the contract. A revised department of
					 taxation schedule A to form G-37 must also be submitted, if applicable. For
					 purposes of this section, ''substantial changes"' means changes of more than
					 twenty per cent of the original contract amount, or more than $200,000.
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 3 - MISCELLANEOUS PROVISIONS › Section 15-306-21 - Exemptions for certain existing rental projects

Current through June, 2024
Any existing rental project for which a general excise tax
					 exemption was granted by the Hawaii housing authority prior to June 9, 1983, is
					 not required to reapply for an exemption unless there is a change in use or
					 ownership of the project which results in a change in the target tenant
					 population. Upon such a change in use or ownership, application for
					 recertification shall be made to the corporation. If qualified, the successive
					 owner of the project may receive an annual exemption as long as the project
					 remains an eligible housing project.
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 3 - MISCELLANEOUS PROVISIONS › Section 15-306-22 - Exemption for other existing rental projects

Current through June, 2024
The corporation may certify claimants for exemption of
					 affordable rents of existing rental projects following a conveyance or transfer
					 of ownership, provided that the following conditions are met:
(1) The rental project was previously
				  certified or approved for exemption from general excise taxes by the
				  corporation or its predecessors;
(2) The rental project will continue to meet
				  the income criteria of an existing eligible housing project, pursuant to a deed
				  restriction or other written agreement that restricts the use and operation of
				  the project, and is recorded on the project; and
(3) The claimant shall reapply for
				  certification of the existing rental project.
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 4 - APPROVAL OR CERTIFICATION OF AFFORDABLE RENTAL HOUSING PROJECTS UNDER ACT 54, SESSION LAWS OF HAWAII 2017, AS AMENDED › Section 15-306-31 - Purpose

Current through June, 2024
(a) This subchapter implements Act 54,
				  Session Laws of Hawaii 2017, as amended, regarding general excise tax
				  exemptions for qualified persons and firms involved in providing low and
				  moderate income housing. The legislative intent of Act 54, as amended, is to
				  provide a short-term incentive to spur the creation of more affordable housing
				  by:
(1) Expanding the types of rental housing
				  projects that can be exempt from general excise taxes; and
(2) Allowing the terms of prevailing wages
				  under contracts pursuant to §
											201H-36(a)(5)
				  to be deemed prevailing wages as the basis of compliance with chapter
				  104, HRS for the construction of
				  certain rental housing projects.
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 4 - APPROVAL OR CERTIFICATION OF AFFORDABLE RENTAL HOUSING PROJECTS UNDER ACT 54, SESSION LAWS OF HAWAII 2017, AS AMENDED › Section 15-306-32 - Definitions

Current through June, 2024
For purposes of this subchapter:
''Complete application"' means:
(1) All of the materials required to be submitted to the
					 corporation as set forth in §
										15-306-12,
					 above;
(2) A copy of the executed collective bargaining agreement
					 or project labor agreement for the rental housing project; and
(3) Department of labor and industrial relations approval
					 of prevailing wages for laborers and mechanics employed for construction of the
					 project pursuant to §
										104-2(i)
					 (2), HRS, in a form established by said
					 department.
"Contracting"' shall have the same meaning as it does in
					 §
										237-6,
					 HRS.
''Governmental contracting agency" shall have the same
					 meaning as it does in §
										104-2,
					 HRS.
"Project labor agreement" means a collective bargaining
					 agreement or an agreement otherwise compliant with
					 29 U.S.C. §
											158(f) for the rental
					 housing project for which an exemption is being claimed under this
					 subchapter.
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 4 - APPROVAL OR CERTIFICATION OF AFFORDABLE RENTAL HOUSING PROJECTS UNDER ACT 54, SESSION LAWS OF HAWAII 2017, AS AMENDED › Section 15-306-33 - Types of income eligible for exemption

Current through June, 2024
Only gross income received by a qualified person or firm
					 for contracting for the new construction or substantial rehabilitation of an
					 affordable rental housing project may be exempted from general excise taxes.
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 4 - APPROVAL OR CERTIFICATION OF AFFORDABLE RENTAL HOUSING PROJECTS UNDER ACT 54, SESSION LAWS OF HAWAII 2017, AS AMENDED › Section 15-306-34 - Exemptions for projects developed under a contract compliant with section 104-2 (i) (2), HRS

Current through June, 2024
(a) From July 1, 2018 to June 30, 2030, the
				  corporation may approve and certify eligible persons or firms involved with a
				  newly constructed, or substantially rehabilitated affordable rental housing
				  project for exemption from general excise taxes, provided that:
(1) All available units in the affordable
				  rental housing project are for persons and families at or below one hundred
				  forty per cent of the area median family income as determined by HUD, of which
				  at least twenty per cent of the available units are for households with incomes
				  at or below eighty per cent of the area median family income as determined by
				  HUD;
(2) The affordable rental
				  housing project has received no other direct or indirect financing for the
				  construction project from any other government contracting agency, including
				  the corporation; and
(3) The
				  project owner shall not refuse to lease a unit to an applicant solely because
				  the applicant holds a voucher or certificate of eligibility under section 8 of
				  the United States Housing Act of 1937, as amended.
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 4 - APPROVAL OR CERTIFICATION OF AFFORDABLE RENTAL HOUSING PROJECTS UNDER ACT 54, SESSION LAWS OF HAWAII 2017, AS AMENDED › Section 15-306-35 - Corporation review of claims for exemption

Current through June, 2024
In each fiscal year, the corporation shall review claims
					 for exemption under this section in the order in which complete applications
					 are received and time-stamped.
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 4 - APPROVAL OR CERTIFICATION OF AFFORDABLE RENTAL HOUSING PROJECTS UNDER ACT 54, SESSION LAWS OF HAWAII 2017, AS AMENDED › Section 15-306-36 - Corporation approval and certification of claims for exemption

Current through June, 2024
(a) The aggregate annual amount of the
				  exemption from general excise taxes for all projects approved and certified by
				  the corporation shall not exceed the statutory limit of $30,000,000.
(b) In the event that the corporation has
				  reached or is approaching the statutory limit referenced above, the corporation
				  may:
(1) Approve and certify claims for
				  exemption of all or a portion of eligible gross income eligible for exemption
				  under this subchapter, subject to the statutory limit; or
(2) Roll over claims for exemption to the
				  next fiscal year. Any claims rolled over under this provision shall be placed
				  ahead of applications that are subsequently received.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-307-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, HRS, and implement the provisions
					 of chapter
					 201H, HRS, providing for the
					 development and construction of housing projects; the development and
					 construction of mixed-use development projects; interim and construction loans;
					 regional infrastructure grants and loans; and the provisions of loans and
					 guarantees to qualified persons.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-307-3 - References to other chapters

Current through June, 2024
To the extent appropriate for the implementation of chapter
					 201H, HRS, references in documents, forms, and similar instruments of the
					 corporation to chapters
					 201E,
					 201G,
					 356,
					 359, and
					 359G, HRS, shall be treated as
					 references to chapter
					 201H, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-307-4 - Development by corporation

Current through June, 2024
(a) The corporation
				  may develop land or housing projects in accordance with the provisions of
				  chapter
				  201H, HRS:
(1) On its own behalf;
(2) On behalf of, or in partnership with any
				  government agency, or any landowner, or developer; or
(3) With an eligible developer or
				  contractor.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-307-5 - Public information

Current through June, 2024
The administrator may disseminate information and render
					 assistance to the public in order that the provisions of the programs of the
					 corporation may be understood and implemented effectively. The administrator
					 may use all available media or publications to distribute these rules or a
					 summary thereof to the public.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-307-6 - Public meeting or informational hearing

Current through June, 2024
The corporation may hold or cause to be held informational
					 hearings on any project proposed to be developed by the corporation as it deems
					 necessary to receive and study community reaction to the proposed project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-307-7 - Fees

Current through June, 2024
The corporation shall have the right to charge reasonable
					 fees for processing any instrument or taking any action required under this
					 chapter. These fees shall be nonrefundable. Such fees shall be as prescribed by
					 the exhibit at the end of this chapter entitled "Fees", dated ________________.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-21 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish a procedure
					 for the corporation to initiate by itself or with an eligible developer or
					 contractor, or to enter into agreements with eligible developers or
					 contractors, for the development of housing projects. This subchapter shall
					 govern the development of real property and the construction of units thereon.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-22 - Development by corporation

Current through June, 2024
The corporation may develop land or housing projects in
					 accordance with the provisions set forth in chapter
					 201H, HRS:
(1) On its own behalf;
(2) With an eligible developer or contractor;
				  or
(3) With a State or county
				  agency.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-23 - Project proposal; who may submit

Current through June, 2024
(a) Any individual,
				  partnership, profit or nonprofit corporation, or public agency, upon having
				  filed application with the corporation as required by section 15-307-24, may
				  submit project proposals for review and certification by the
				  corporation.
(b) A project proposal
				  may be submitted to the corporation together with the application required
				  under section 15-307-24.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-25 - Community input on project proposals

Current through June, 2024
An eligible developer shall conduct or participate in at
					 least one public meeting in the community or development plan area in which the
					 proposed project is located to solicit community input on the proposed project.
					 The public meeting shall take place prior to corporation action on the project
					 proposal. The eligible developer shall consult with affected community groups
					 such as neighborhood boards, homeowners' associations, surrounding property
					 owners, and the council member for the region.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-27 - Review of application and project; criteria for selection of proposals

Current through June, 2024
The administrator shall review the application and project
					 proposals to determine if the applicant qualifies by experience and financial
					 responsibility and support to develop housing projects of the size and type
					 proposed to be developed, and to determine if the proposed project meets
					 certain minimum requirements, as follows:
The proposed project:
(1) Is reasonably necessary and suitable for
				  the development of lower cost housing units in the State, at the proposed
				  location;
(2) Is primarily designed
				  for lower cost housing;
(3) Follows
				  existing laws, charter provisions, ordinances, and rules as closely as is
				  consistent with the production of lower cost housing in the State;
(4) Meets minimum standards of good planning,
				  zoning, design, pleasant amenities, and a coordinated development;
(5) Is consistent with the housing objectives
				  and policies of the Hawaii state plan;
(6) Does not adversely affect surrounding
				  property;
(7) Does not unduly
				  burden existing water systems, sewage and other waste disposal systems,
				  transportation systems, roadway, drainage, street lighting, open spaces, parks,
				  and other recreational areas, public utilities, and public services, or
				  includes, as part of the proposed project, the development of such systems,
				  facilities, and services at reasonable cost;
(8) Utilizes natural resources such as solar
				  or other renewable energy, grid interactive and efficient as well as
				  energy-conserving devices to the extent reasonable and practicable;
(9) Utilizes indigenous species of plants
				  whenever and wherever feasible in the landscaping of the housing project;
				  and
(10) Meets other minimum
				  requirements established by the corporation and adopted as rules of the
				  corporation pursuant to chapters
				  91 and
				  201H, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-28 - Processing of proposal

Current through June, 2024
(a) The
				  administrator shall, upon receipt of an application or project proposal or
				  both, time stamp the same as received and review the application for
				  completeness and compliance with applicable rules under this subchapter. An
				  incomplete application shall be returned to the applicant. The administrator
				  shall, upon certifying that the application or project proposal is complete and
				  is in compliance with sections 15-307-23, 15-307-24, and 15-307-26 of this
				  subchapter, inform both the applicant and the board that a recommendation of
				  approval or disapproval should be made within ninety days. The administrator
				  shall invite comments from appropriate agencies in the review of the proposal
				  for appropriateness, technical compliance, and feasibility.
(b) After review of the proposal for
				  appropriateness, technical compliance and feasibility, the administrator may
				  submit the proposal with a recommendation for approval, contingent approval, or
				  disapproval to the board. Any proposal forwarded to the board by the
				  administrator may be rejected, accepted, deferred, or re-referred to the
				  administrator for further review and recommendation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-29 - Agreement with eligible developer or contractor; form of agreement

Current through June, 2024
(a) The administrator, upon approval by the
				  board, may enter into an agreement with an eligible developer or contractor, to
				  develop a housing project; provided that the plans and specifications of the
				  housing project provide for the rental of units to eligible tenants or the sale
				  of units in fee simple or in leasehold either to the corporation or to the
				  purchaser. In the case of for-sale projects, the sale of the units shall be
				  subject to all of the provisions in sections
				  201H-47,
				  201H-49,
				  and
				  201H-50,
				  HRS, including the shared appreciation equity program, except for units which
				  are to be sold at market prices.
(b)
				  The agreement shall be subject to modification, and shall include, but not be
				  limited to the following applicable terms, conditions, and covenants:
(1) Purpose of the agreement, which shall
				  include the development of lower cost housing;
(2) A description of the role and
				  responsibility of the corporation, the eligible developer or contractor, and
				  other parties to the agreement, including the manner of compensating each party
				  and the amount of profit for work performed;
(3) Project concept and cost;
(4) Time required to complete the
				  project;
(5) Delivery of dwelling
				  units;
(6) Sales prices or rents of
				  dwelling units;
(7) Construction
				  agreements (when one of the parties is a contractor);
(8) Insurance and bonding or surety
				  requirements;
(9) Inspection
				  requirements and procedures;
(10)
				  Manner in which progress payments will be made; and
(11) Such standard clauses that the
				  corporation determines to be required, including, but not limited to, the
				  following:
(A) Indemnity;
(B) Severability;
(C) Termination; and
(D) Assignability.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-30 - State land use district boundary amendments

Current through June, 2024
Upon receipt of any project proposal from an eligible
					 developer that requires a state land use district boundary amendment by the
					 state land use commission, the corporation may, concurrently with its review of
					 the application and the project proposal, petition the state land use
					 commission for a state land use district boundary amendment as provided in
					 chapter
					 205, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 2 - DEVELOPMENT OF HOUSING PROJECTS › Section 15-307-31 - Other uses within housing project development

Current through June, 2024
The corporation may designate portions of the land for
					 commercial, industrial, and other uses. In the designation of such commercial,
					 industrial, and other uses, the corporation shall consider the extent to which
					 the proposed uses and the development thereof:
(1) Conform to the objectives and policies of
				  the Hawaii state plan;
(2) Provide
				  employment opportunities for the community;
(3) Provide necessary and convenient
				  amenities to the residents within the development;
(4) Impact upon the suitability of the
				  dwelling units within the development in the proximity of the proposed uses;
				  and
(5) Affect the economic
				  feasibility of the development.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 3 - INDEPENDENT DEVELOPMENT OF PROJECTS › Section 15-307-51 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish a procedure
					 for eligible developers to develop housing projects pursuant to agreements with
					 the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 3 - INDEPENDENT DEVELOPMENT OF PROJECTS › Section 15-307-52 - Project primarily designed for lower income housing; determination by corporation

Current through June, 2024
(a) A project shall
				  be primarily designed for lower income housing if the project meets the
				  requirements set forth in section 15-307-26, or a government assistance program
				  approved by the corporation.
(b) An
				  eligible developer may submit a project proposal to the . corporation for the
				  corporation to determine if the project is primarily designed for lower income
				  housing, and whether the corporation is willing to enter into an agreement with
				  the eligible developer for the housing project.
(c) The project proposal to be submitted by
				  the eligible developer shall contain the information required under section
				  15-307-26.
(d) An eligible
				  developer shall conduct or participate in at least one public meeting in the
				  community or development plan area in which the proposed project is located to
				  solicit community input on the proposed project. The public meeting shall take
				  place prior to corporation action on the project proposal. The eligible
				  developer shall consult with affected community groups such as neighborhood
				  boards, homeowners' associations, surrounding property owners, and the council
				  member for the region.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 3 - INDEPENDENT DEVELOPMENT OF PROJECTS › Section 15-307-53 - Required conditions of agreements

Current through June, 2024
If the corporation determines that the proposed project is
					 primarily designed for lower income housing, and the corporation desires to
					 enter into an agreement with the eligible developer, the agreement with the
					 eligible developer for the development of housing projects shall include the
					 following conditions:
(1) That the
				  eligible developer may furnish a performance or material house bond, issued by
				  sureties that shall be satisfactory to the corporation, in favor of the
				  corporation, to assure the timely and complete performance of the housing
				  project;
(2) That the plans and
				  specifications of the housing project provide for the rental of units to
				  eligible tenants or the sale of units in fee simple or in leasehold either to
				  the corporation or to the purchaser. In the case of for-sale projects, the sale
				  of the units shall be subject to all of the provisions in sections
				  201H-47,
				  201H-49,
				  and
				  201H-50,
				  HRS, including the shared appreciation equity program, except for units which
				  are to be sold at market prices; and
(3) That the housing project encompasses the
				  use of lands adequately suited to size, design, and types of occupancies
				  designated for projects primarily designed for lower income housing, properly
				  located for occupancy by the groups for which the development is designed, or
				  appropriate in its situation and surroundings for more intensive or denser
				  zoning.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 3 - INDEPENDENT DEVELOPMENT OF PROJECTS › Section 15-307-54 - Conditions imposed at discretion of corporation

Current through June, 2024
The corporation may include such conditions as it may deem
					 to be appropriate, to assure that the project will be developed and the units
					 sold or rented primarily as lower income housing. By agreement, the corporation
					 may provide that all or a portion of the housing to be placed under the control
					 of the corporation, is to be rented or sold by the corporation or to be sold to
					 the corporation upon completion of all or a portion of the
					 units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 3 - INDEPENDENT DEVELOPMENT OF PROJECTS › Section 15-307-55 - Processing of proposal; agreement with eligible developer

Current through June, 2024
Processing of proposals and agreements with eligible
					 developers shall be in accordance with sections 15-307-27 and 15-307-28.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-141 - Purpose

Current through June, 2024
The purpose of this subchapter is to set forth the manner
					 in which the corporation shall exercise the right conferred by section
					 201H-51,
					 HRS, to repurchase or repair dwelling units which have substantial construction
					 defects.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-142 - Applicability

Current through June, 2024
Unless otherwise provided herein, this subchapter applies
					 to all dwelling units for which the restrictions set forth in section
					 201H-47,
					 HRS, are in effect.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-143 - Notice of existence of substantial construction defect

Current through June, 2024
(a)
				  Prior to commencing any legal proceeding against the corporation for claims
				  arising out of a substantial construction defect in a dwelling unit to which
				  this subchapter applies, the owner shall deliver to the corporation by mail,
				  postage prepaid, or in person a notice of substantial construction
				  defect.
(b) Upon receipt of the
				  notice, the corporation may, but shall not be obligated to, take one of the
				  following actions:
(1) Execute a repurchase
				  agreement with the owner;
(2)
				  Execute a repair and rental agreement with the owner; or
(3) Execute a statement of intent to enforce
				  its repurchase right, and deliver the statement to the owner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-144 - Repurchase of dwelling unit

Current through June, 2024
(a) Upon receipt of
				  a notice of construction or soil defect, the corporation shall review the
				  notice and conduct an investigation to determine if a substantial construction
				  or soil defect exists in the dwelling unit and if at least one of the following
				  conditions also exists:
(1) The dwelling unit
				  has been found to be unsafe by the building department of the county in which
				  the dwelling unit is situated;
(2)
				  The corporation determines that the construction or soil defect cannot be
				  repaired or it will not be economically feasible to repair the construction or
				  soil defect; or
(3) The corporation
				  determines that the construction or soil defect is of such a magnitude that it
				  will take longer than one year to repair.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-145 - Repair of repurchased dwelling unit

Current through June, 2024
(a) After a
				  dwelling unit is repurchased by the corporation pursuant to section
				  201H-51,
				  HRS, the corporation shall determine whether or not the dwelling unit should be
				  repaired.
(b) If the corporation
				  determines that the dwelling unit should be repaired, then it may retain the
				  services of one or more design professionals and contractors for the purpose of
				  repairing the dwelling unit.
(c) If
				  the corporation determines that the dwelling unit should not be repaired, then
				  it may retain the services of one or more contractors for the purpose of
				  destroying the dwelling unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-146 - Resale or rental of repaired dwelling unit

Current through June, 2024
(a) After a
				  repurchased dwelling unit is repaired by the corporation, the dwelling unit
				  shall be first offered for sale to the former owner pursuant to section
				  15-307-147(a).
(b) If the former
				  owner fails to exercise his or her first right of refusal provided for under
				  section 15-307-147(a), then the corporation may proceed to resell or rent the
				  repaired dwelling unit pursuant to section 15-308-61; provided, however, that
				  any sale of the dwelling unit shall be subject to the former owner's rights
				  under section 15-307-147(c).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-147 - Former owner's right of first refusal

Current through June, 2024
(a) A former owner
				  of a dwelling unit shall have the right of first refusal regarding the resale
				  by the corporation of a dwelling unit repurchased from him or her under this
				  subchapter; provided, however, that the former owner has not yet purchased a
				  dwelling unit pursuant to section 15-307-148.
(b) Under this section, after a dwelling unit
				  repurchased from the former owner by the corporation under this subchapter is
				  repaired, the corporation shall first offer the dwelling unit for sale to the
				  former owner for a price equal to the repurchase price paid by the corporation
				  for the dwelling unit and subject to the restrictions set forth in sections
				  201H-47
				  and
				  201H-34,
				  HRS, and the shared appreciation program restriction in effect at the time of
				  repurchase. If the former owner rejects the offer. then the corporation may
				  offer the dwelling unit for sale to persons other than the former owner at the
				  price and subject to the restrictions set forth in this subsection.
(c) If the corporation is unable to sell the
				  dwelling unit under the terms and conditions set forth in subsection (b), then
				  the corporation may offer the dwelling unit for sale under new terms and
				  conditions that may differ from those specified in subsection (b); provided,
				  however, that the corporation shall first offer the dwelling unit for sale to
				  the former owner under the new terms and conditions. If the former owner
				  rejects the offer, then the corporation may offer the dwelling unit for sale to
				  persons other than the former owner under the new terms and conditions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-148 - Former owner's right to preference

Current through June, 2024
(a) A former owner
				  of a dwelling unit repurchased by the corporation under this subchapter shall
				  have the right to a preference in all other projects of the corporation;
				  provided, however, that the former owner has not repurchased a dwelling unit
				  pursuant to section 15-307-147.
(b) For the purpose of this section, the
				  former owner's right to a "preference" means that the former owner has the
				  right superior to any other person to purchase or rent a dwelling unit in any
				  project of the corporation.
(c) In
				  order to be entitled to a preference, the former owner shall deliver by mail,
				  postage prepaid, or in person to the corporation a request for preference and
				  the effective displacee certificate issued by the corporation.
(d) Upon receipt of a request for preference,
				  the corporation shall provide information to the former owner regarding
				  available projects.
(e) If the
				  former owner exercises a right of preference with respect to a project, the
				  corporation shall offer to sell or rent a dwelling unit in that project to the
				  former owner; provided, however, that the former owner meets the eligibility
				  requirements imposed under chapter
				  201H, HRS, and under this chapter.
				  The corporation, upon approval by the board, .may, although it shall not be
				  obligated to, waive one or more eligibility requirements to permit the former
				  owner to purchase or rent the dwelling unit in the project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-149 - Former owner's right to relocation assistance when the corporation repurchases a dwelling unit without the former owner's consent

Current through June, 2024
If the corporation repurchases a dwelling unit without the
					 former owner's consent, then the former owner shall be entitled to relocation
					 assistance as provided for in chapter
					 111, HRS, and chapter
					 15-307, Hawaii Administrative
					 Rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-150 - Repair and rental agreement

Current through June, 2024
(a) If the
				  corporation receives a notice of substantial construction defect and determines
				  that the dwelling unit has a substantial construction or soil defect, then the
				  corporation, upon approval of the board, may, but shall not be obligated to,
				  enter into a repair and rental agreement with the owner.
(b) If the corporation enters into a repair
				  and rental agreement with the owner, the corporation shall enter into contracts
				  with such design professionals and contractors whose services are reasonably
				  necessary to repair the dwelling unit. Under the terms of the contracts, the
				  corporation, and not the owner, shall be responsible for making payments due to
				  the design professionals and contractors under the contracts.
(c) If the corporation determines that the
				  owner will be substantially deprived of the use of the dwelling unit during the
				  time it is being repaired pursuant to a repair and rental agreement, the
				  corporation shall pay rent to the owner during the period of time the dwelling
				  unit is being repaired. The amount of rent to be paid shall be determined by
				  the corporation; provided, however, that the rent paid shall not exceed the
				  amount of the mortgage payments being made by the owner on the dwelling
				  unit.
(d) The repair and rental
				  agreement provided for under this section shall include at .least the
				  following:
(1) The scope of repair to be
				  performed on the dwelling unit;
(2)
				  The amount of rent to be paid to the owner, if any; and
(3) A release and indemnification by the
				  owner in favor of the corporation relating to any liability arising out of the
				  construction or soil defect and the work performed by the design professionals
				  and contractors to repair the dwelling unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-151 - Legal action on behalf of corporation

Current through June, 2024
(a) If the
				  corporation expends moneys to repurchase or repair and rent a dwelling unit
				  pursuant section
				  201H-51,
				  HRS, then the corporation, upon approval by the board, shall have the authority
				  to take legal action against the developer, codeveloper, general contractor,
				  and their subcontractors, consultants and other parties involved with the
				  development, construction, or sale of the dwelling unit or with the substantial
				  construction defect in order to recover the moneys expended.
(b) The corporation, upon approval by the
				  board, shall have the authority to retain attorneys and expert witnesses and
				  incur the expenses reasonably necessary for the legal action to recover the
				  moneys expended.
(c) The
				  corporation shall not be barred from bringing a legal action under this section
				  notwithstanding any period of limitations set forth in chapter
				  657, HRS.