reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-78 - Procedure before a hearings officer; transmittal to board

Current through June, 2024
(a) Upon conclusion of the proceedings before
				  the hearings officer and following the timely submittal of proposed findings of
				  fact, conclusions of law, and decision and order, the hearings officer shall
				  prepare a recommended decision in the matter for the board.
(b) If the recommended decision is adverse to
				  any party to the proceeding other than the corporation, the recommended
				  decision shall contain a statement of the reasons therefor and shall include a
				  determination of each issue of fact or law necessary to the recommended
				  decision and it shall be served upon all parties. Any party adversely affected
				  by the recommended decision may file exceptions thereto and may submit written
				  argument in support of the exceptions to the board, provided that the
				  exceptions and argument shall be filed within ten days of the service of the
				  recommended decision, or within such other time as may be designated by the
				  hearings officer.
(c) Following the
				  expiration of the time specified in subsection (b), or if not applicable,
				  following preparation of the recommended decision, the hearings officer shall
				  transmit the entire record to the board for action together with the
				  recommended decision, any timely filed exceptions thereto, and any timely
				  submitted written arguments in support of the exceptions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 4 - DECLARATORY RELIEF › Section 15-300-79 - Order, effect

Current through June, 2024
Any decision and order of declaratory relief, whether
					 granting or denying the petition, shall have the same force and effect as other
					 decisions and orders issued by the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 15-300-91 - General provisions; contents of petition for rule relief

Current through June, 2024
Any interested person may petition the corporation for the
					 amendment, adoption, or repeal of a rule. The petition for rule relief shall
					 set forth the text of the rule to be repealed, or the text of any proposed
					 rule, the adoption of which is being sought, or the text of any existing rule,
					 the amendment of which is being sought, together with the proposed amendment.
					 The petition shall further state concisely and with particularity the facts and
					 circumstances giving rise to the petition, including the petitioner's interest
					 and reasons for filing the petition, the necessity for the relief and
					 anticipated effect or impact of the relief, the questions or issues raised and
					 petitioner's position or contentions with respect thereto.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 15-300-92 - Disposition

Current through June, 2024
(a) Within thirty days of the filing of a
				  petition, the corporation, with the approval of the chairperson, shall either
				  deny the petition in writing stating its reasons therefor, or initiate public
				  rulemaking procedures in accordance with chapter
				  91, HRS.
(b) Without limiting the generality of the
				  foregoing, the corporation may deny any petition which:
(1) Fails to substantially conform with the
				  requirements of section 15-300-91;
(2) Discloses insufficient reasons which
				  would justify the institution of public rulemaking procedures; or
(3) Is frivolous.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 15-300-93 - Additional facts or supplemental memorandum

Current through June, 2024
The corporation may require the petitioner or any person
					 to submit a statement of additional facts or a memorandum, the purpose of which
					 is to clarify a specific factual issue, position, or
					 contention.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 15-300-94 - Notice of determination

Current through June, 2024
The corporation shall promptly notify the petitioner in
					 writing of its decision not to consider the petition, in the time prescribed by
					 law, and the reasons for its denial.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 5 - RULE RELIEF › Section 15-300-95 - Determination final

Current through June, 2024
Unless otherwise provided by law, the petitioner shall
					 have no right to request the board to reconsider the action nor to seek
					 judicial review of the action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - OTHER PROVISIONS › Section 15-300-121 - Forms

Current through June, 2024
The corporation may prescribe and use such forms as it may
					 reasonably require to carry out its functions. The corporation may at any time
					 create, modify, amend, or delete any forms in order, to effectuate the purposes
					 herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - OTHER PROVISIONS › Section 15-300-122 - Gender and number

Current through June, 2024
In any rule of the corporation, all words used in the
					 masculine or singular shall extend to and include the feminine or
					 plural.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 300 - RULES OF PRACTICE AND PROCEDURE › Subchapter 6 - OTHER PROVISIONS › Section 15-300-123 - Severability

Current through June, 2024
If any rule of the corporation is found in whole or in
					 part by a court of competent jurisdiction to be invalid under law, such finding
					 shall not affect the remaining rules or any part therein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-301-1 - Purpose

Current through June, 2024
These rules are adopted pursuant to chapter
					 91, and section
					 201H-81, Hawaii
					 Revised Statutes to enable the corporation to provide low interest loans for
					 home construction for Kikala-Keokea leaseholders who have been denied loans
					 from traditional financial institutions.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-10 - Corporation's right to contract for services

Current through June, 2024
The corporation is authorized to enter into agreements
					 with or purchase services from any financial institution, non-profit
					 organization, or any other appropriate government agency, for services required
					 for the purpose of this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-11 - Use of loan

Current through June, 2024
Loans made under this chapter shall be:
(1) For the purpose of home construction;
				  and
(2) Limited to one loan per
				  leaseholder.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-12 - Amount of loan

Current through June, 2024
The maximum amount of the loan under this chapter shall be
					 $100,000 per eligible leaseholder.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-13 - Term of the loan

Current through June, 2024
The term of the loan shall not be more than forty
					 years.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-14 - Interest rate on loan

Current through June, 2024
The interest rate on the loan offered under this chapter
					 shall not exceed three per cent per year.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-15 - Fees

Current through June, 2024
The eligible leaseholder shall be responsible for the
					 payment of all fees charged by the corporation in connection with the
					 application for a loan under this chapter, including, but not limited to, a
					 non-refundable application fee of $100. Failure to submit the fee by the
					 required date and time may result in the eligible leaseholder's forfeiture of a
					 program loan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-16 - Mortgage valid first lien; protection of security

Current through June, 2024
The mortgage securing each loan shall constitute a first
					 lien on such real estate secured. The corporation, or its agent, shall promptly
					 record or file, or both, the lien with the bureau of conveyances or the land
					 court, as the case may be, to ensure the creation of a valid lien on the
					 mortgaged property.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-17 - Acceleration of maturity of loan

Current through June, 2024
The occurrence of either of the following events shall be
					 sufficient grounds for the corporation, at its option, to accelerate the
					 maturity of the loan:
(1) The eligible
				  leaseholder ceases to occupy the residence as the eligible leaseholder's
				  primary residence; or
(2) Failure
				  to respond within thirty days to the corporation's request to verify the
				  continued occupancy of the eligible leaseholder.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-18 - Default of loan

Current through June, 2024
The occurrence of any of the following events shall be
					 sufficient grounds for the corporation, at its option, to treat the loan to be
					 in default:
(1) The property described
				  in the mortgage or security agreement is conveyed or transferred; provided,
				  however, that a transfer of title will be permitted if it appears to the
				  satisfaction of the corporation that the transfer was effected for estate
				  planning purposes and the corporation's security interest is unaffected by the
				  transfer;
(2) The eligible
				  leaseholder fails to comply with any agreement executed for the purpose of
				  securing the loan; or
(3) The
				  corporation determines that any statement made by the eligible leaseholder in
				  the loan application or loan document is false or fraudulent.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-19 - Corporation's rights upon default of loan

Current through June, 2024
With respect to any loan made under this chapter, which is
					 in default under the terms thereof, the corporation may:
(1) Renegotiate, refinance, or foreclose the
				  loan ;
(2) Waive any default or
				  consent to the modification of the terms of the loan or the security
				  agreement;
(3) Commence any action
				  to protect or enforce any right conferred upon the corporation by any law,
				  mortgage, insurance policy, contract, or other agreement;
(4) Bid for and purchase the property secured
				  by the loan at any foreclosure or other sale, or acquire or take possession of
				  the property secured by the loan; or
(5) Operate, manage, lease, dispose of, or
				  otherwise deal with the property secured by the loan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-20 - Loan not available for refinancing

Current through June, 2024
No funds under this chapter shall be available for
					 refinancing of existing loans.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-21 - Occupancy

Current through June, 2024
The eligible leaseholder shall utilize the residence as
					 his or her principal residence for the life of the loan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 2 - KIKALA-KEOKEA REVOLVING LOAN PROGRAM › Section 15-301-22 - False information in application

Current through June, 2024
By signing the application, the eligible leaseholder
					 certifies that the information provided in the application is true and correct.
					 The eligible leaseholder shall be subject to criminal charges or civil action,
					 or both, under the laws of the state if false information is
					 provided.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 3 - APPLICATION PROCEDURES › Section 15-301-30 - Loan application process

Current through June, 2024
(a) The corporation
				  shall obtain a listing of the leaseholders from the department of land and
				  natural resources.
(b) A loan
				  application packet will be mailed to all interested leaseholders.
(c) Loan applications received by the
				  corporation will be time and date stamped, and will be reviewed on a
				  first-come, first-served basis, subject to fund availability.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 3 - APPLICATION PROCEDURES › Section 15-301-31 - Review of loan application; loan approval/disapproval

Current through June, 2024
(a)
				  Loan applications will be preliminarily reviewed to ensure all required
				  information has been submitted to the corporation.
(1) Information required includes, but is not
				  limited to, a completed, signed loan application and all supporting documents
				  to verify current income and assets (i.e., employment paystubs, bank
				  statements), copies of signed federal and/or state income tax returns for the
				  most recent past two (2) years, letters of denial from one (1) financial
				  institution, owner-occupancy statement, copy of recorded Kikala-Keokea
				  residential subdivision lease document, and any other document required by the
				  corporation.
(2) Loan applications
				  deemed to be substantially incomplete shall be returned to the leaseholders. No
				  further action will be taken on the part of the corporation. Leaseholders
				  resubmitting their loan application for review will be subject to section
				  15-301-30(c).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 301 - KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM › Subchapter 4 - MISCELLANEOUS PROVISIONS › Section 15-301-40 - Waiver

Current through June, 2024
The board may by resolution waive or vary provisions of
					 these rules or any process or procedure established by these rules in order to
					 conform to applicable federal and state laws, regulations, and
					 requirements.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-302-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, Hawaii Revised Statutes
					 (hereinafter referred to as "HRS") , and implement section
					 201H-181
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-302-2 - Definitions

Current through June, 2024
As used in this chapter and the program's procedural
					 handbook:
"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.
"Family" means:
(1) Two or more persons who live or intend to live together
					 as a unit and whose income and resources are available to meet the family's
					 need and who may, but need not be, related by blood, marriage, or operation of
					 law, including foster children and hanai children and whose head of household
					 has reached the age of majority, or is otherwise legally emancipated; or
(2) A person who is pregnant or in the process of securing
					 legal custody of a minor child or children, and who has reached the age of
					 majority or is otherwise emancipated.
"Gross family income" means the total amount of income of
					 the participant and all adult family members from all sources before
					 deductions.
"Participant" means a person or family who executes a
					 contract with the corporation to participate in the rent-to-own program.
"Procedural handbook" means a set of instructions,
					 guidelines, terms, and conditions relating to the rent-to-own program.
"Qualified resident" means the same as defined under
					 section
					 201H-32, HRS.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-302-3 - Delegation

Current through June, 2024
The corporation delegates to the executive director the
					 authority to implement and carry out the purposes of this
					 chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-11 - Purpose

Current through June, 2024
The purpose of this program is to enable residents of the
					 State to become homeowners through the establishment of a rent-to-own program.
					 Under the program, a qualified resident will be provided an opportunity to rent
					 a housing unit for up to five years prior to exercising his or her option to
					 purchase the unit, subject to the conditions set forth in these
					 rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-12 - Rent-to-own program; general provisions

Current through June, 2024
(a) The corporation
				  is authorized to develop or participate in the development of housing projects
				  in which dwelling units are offered for rent to qualified residents who may not
				  have the financial capability to purchase a dwelling unit at the time of
				  initial occupancy, but who demonstrate a desire and potential capability of
				  being able to purchase the unit within five years as determined by the
				  corporation.
(b) The sales price of
				  the dwelling unit shall be established at the beginning of the rental term and
				  shall remain in effect for the first five years after the rental agreement is
				  executed.
(c) The participant shall
				  have the option of purchasing the unit at any time within the five-year period
				  and shall have the right to remain in the unit for at least five years provided
				  that all conditions set forth in these rules are met.
(d) During the period that the participant
				  rents the unit, the following shall apply:
(1) The corporation shall credit a portion of
				  the participant's rent toward the purchase price of the unit, which amount
				  shall be determined on a project-by-project basis;
(2) The participant shall learn the
				  responsibilities of homeownership and begin to save money toward the purchase
				  of the home by participating in a homeownership counseling program approved by
				  the corporation;
(3) The
				  corporation shall have the right to verify on an annual basis that the
				  participant is making sufficient progress toward saving money for the purchase
				  of the unit, and if it is determined that the participant is not making
				  sufficient progress, the corporation shall have the right to terminate the
				  contract and offer the unit to another potential purchaser with all rental
				  amounts paid to date being forfeited; and
(4) The participant shall perform minor
				  maintenance on the dwelling unit, with major maintenance being provided by the
				  corporation or the owner of the project, if the owner is other than the
				  corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-13 - Process and procedures

Current through June, 2024
(a) Applications
				  for participation in the rent-to-own program shall be available at the
				  principal office of the corporation or through a private realtor or property
				  manager contracted to handle the rent-to-own program on behalf of the
				  corporation.
(b) Units shall be
				  rented and sold under the rent-to-own program in accordance with all applicable
				  state and federal fair housing laws.
(c) Prior to identification of the site or
				  the start of marketing, an affirmative fair housing marketing plan shall be
				  filed with the U.S. Department of Housing and Urban Development, and marketing
				  of the units shall not commence until approval of the plan is received from the
				  department. Such approval shall be necessary to ensure receipt of Federal
				  Housing Administration mortgage insurance.
(d) The corporation shall establish a system
				  to determine preferences by lot in the event that it receives more qualified
				  residents than it has units available.
(e) Applications may be accepted from an
				  applicant for more than one project sponsored by the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-14 - Eligibility for assistance

Current through June, 2024
(a) An applicant
				  shall be eligible to participate in the rent-to-own program if the applicant
				  meets all of the following requirements:
(1)
				  Is a qualified resident who is domiciled in the State;
(2) Has not previously received assistance
				  under a homeownership program designed and implemented under chapter
				  201H, HRS, by the corporation or any
				  of the counties in the State. However, the corporation may, on an individual
				  basis, allow a person who previously purchased a dwelling sponsored by the
				  corporation or any of the counties to reapply provided that the corporation or
				  the county repurchased the dwelling unit and there has been a significant
				  change in one of the following:
(A) Family
				  size;
(B) Place of employment;
				  or
(C) Income;
provided that an applicant may become eligible again if the
					 sale of such person's first dwelling was caused by extreme hardship such as
					 family death, divorce, loss of employment, or a handicap, and the dwelling was
					 repurchased by the corporation or the county;
(3) Has an acceptable credit
				  report;
(4) At least one head of
				  household family member must be gainfully employed or have an established
				  source of continuing income;
(5)
				  Has a sufficient income such that the monthly rental payment will not exceed
				  forty per cent of gross monthly income unless offset by other favorable
				  factors, such as sufficient savings, as determined by the
				  corporation;
(6) Does not have a
				  record or history of conduct or behavior, including past rent payment
				  delinquencies, which may prove detrimental to other tenants or the corporation;
				  and
(7) Is at least eighteen years
				  of age.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-15 - Occupancy guidelines for rent-to-own units

Current through June, 2024
The following occupancy guidelines may be used for
					 rent-to-own units when the number of applicants exceeds the number and types of
					 units available:
Dwelling Unit Size
Preferred Family Size
0 Bedroom
1 person
1 Bedroom
2 persons
2 Bedroom
3 persons
3 Bedroom
4 persons
4 Bedroom
5 persons
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-16 - Participation in a homeownership counseling program required

Current through June, 2024
(a)
				  All participants in the rent-to-own program shall be required to participate in
				  a homeownership counseling and training program approved by the
				  corporation.
(b) The homeownership
				  counseling program shall minimally provide training to participants with
				  adequate incomes and who are desirous of purchasing a home but lack sufficient
				  funds for the down payment and closing costs. The primary focus of the program
				  is to facilitate the home purchase by providing strategies to save money and
				  resolve credit problems; and to educate participants on how to shop for and
				  purchase a home.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-17 - Preference

Current through June, 2024
(a) Unless otherwise provided in these rules,
				  the corporation may give preference to rent-to-own applicants on the basis of
				  overall need and to applicants who:
(1) Meet
				  the occupancy guidelines set forth in section 15-302-15;
(2) For single family developments only,
				  have, excluding an applicant's spouse, minor dependents, as defined in the
				  applicable regulations of the Internal Revenue Service, and as shown on the
				  applicant's or co-applicant's state income tax return, divorce decree, or other
				  document which is to be submitted upon the request of the corporation. If
				  preference was given due to birth of a child or pregnancy after the tax return
				  year, verification of newborn children will be made at the time of lot
				  selection and purchase;
(3) Have
				  been displaced from their homes because of governmental action; and
(4) For income preferences only, income
				  preference will be based on family size and annual family income as established
				  from time to time for the State by the United States Department of Housing and
				  Urban Development. All income for family members who are eighteen years of age
				  and older who are currently residing with the family and will physically reside
				  in the dwelling unit to be purchased will be added to the gross family income
				  to determine the income preference. The corporation shall determine the income
				  preference for each project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-18 - Information and verification

Current through June, 2024
(a) The corporation
				  shall require applicants to provide information relating to family income,
				  family size, financial condition, and status changes prior to executing a
				  rent-to-own contract.
(b) The
				  corporation may require applicants and program participants to provide
				  documentation to verify information submitted to the corporation, including but
				  not limited to:
(1) Hawaii state income tax
				  return;
(2) Federal income tax
				  return;
(3) Certification of
				  pregnancy; and
(4) Other documents
				  as required by the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-19 - Repurchase and other restrictions

Current through June, 2024
For units which are purchased under this program, the
					 corporation shall have the right to impose repurchase, owner-occupancy, shared
					 appreciation, and other restrictions as set forth in chapter 15-174, Hawaii
					 Administrative Rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-20 - Rental agreement

Current through June, 2024
(a) A five-year
				  revocable permit as provided by the corporation shall constitute the rental
				  agreement for units under this rental program and shall set forth the names of
				  the authorized occupants, security deposit requirements, monthly rent amount,
				  conditions of occupancy ("house rules"), and obligations of the parties,
				  including performance of minor maintenance and major maintenance. The revocable
				  permit shall also state that any ongoing or repeated violations of the house
				  rules established or chronic delinquencies may result in eviction from the
				  unit, with forfeiture of rental amounts paid to date.
(b) The revocable permit shall be executed by
				  the responsible members of the tenant family and the administrator.
(c) Amendments to the revocable permit shall
				  be in writing and executed by the parties involved and attached to the
				  revocable permit.
(d) In the event
				  of the death of the participants who have executed a contract to participate in
				  the rent-to-own program, the surviving immediate family members shall have the
				  option to- enter into a new contract provided that they meet the eligibility
				  requirements of the program. Any credits accrued to the original participant
				  shall be credited to the surviving qualified participant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 302 - RENT-TO-OWN PROGRAM › Subchapter 2 - RENT-TO-OWN PROGRAM › Section 15-302-21 - Program administration

Current through June, 2024
Except as otherwise provided by law or rule, the rental
					 program under this chapter shall be administered in accordance with chapter
					 521, HRS, the residential
					 landlord-tenant code.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-303-1 - Purpose and applicability

Current through June, 2024
These rules are adopted pursuant to chapters
					 91 and
					 92, HRS, and implement the objectives
					 of chapters 39 and
					 201H, HRS, as to rental housing
					 developments within the rental housing system, as defined herein, which are
					 owned and developed by the corporation for the following purposes:
(1) To alleviate the shortage of available
				  rental housing accommodations by providing safe and sanitary rental housing
				  accommodations at affordable rents;
(2) To provide safe and sanitary rental
				  housing accommodations at affordable rents to families and individuals of low
				  and moderate income; and
(3) To
				  provide safe and sanitary rental housing accommodations at affordable rents to
				  other families and individual applicants in need of such accommodations, based
				  on such considerations as age, physical handicap, present standard of housing,
				  or other factors the corporation deems pertinent.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-303-2 - Definitions

Current through June, 2024
Notwithstanding any other rule herein, when used in this
					 subchapter:
"Board" means the board of directors of the Hawaii housing
					 finance and development corporation.
"Contract" means any agreement of the corporation with an
					 obligee or a trustee for such obligee whether contained in a resolution, trust,
					 indenture, mortgage, lease, bond, or other instrument.
"Corporation" means the Hawaii housing finance and
					 development corporation created under chapter
					 201H, HRS.
"Executive director" means the executive director employed
					 by the corporation or the executive director's designated
					 representative.
"Family" means:
(1) Two or more persons who live or intend to live together
					 as a unit and whose income and resources are available to meet the family's
					 need and who may, but need not be, related by blood, marriage, or operation of
					 law, including foster children and hanai children and whose head of household
					 has reached the age of majority, or is otherwise legally emancipated; or
(2) A person who is pregnant or in the process of securing
					 legal custody of a minor child or children, and who has reached the age of
					 majority or is otherwise emancipated.
"Government" includes the State of Hawaii and the United
					 States of America and any of their political subdivisions, agencies, or
					 instrumentalities, corporate or otherwise.
"Qualified applicant" means a qualified resident who has
					 applied with the corporation for the rental housing development and who:
(1) Demonstrates an ability to pay rent as determined by
					 the corporation; and
(2) Meets any additional criteria established by the
					 corporation for the respective rental housing development for which the
					 applicant is applying.
"Qualified resident" means the same as defined under
					 section
					 201H-32, HRS.
"Rental housing development" or "rental housing project"
					 means any real and personal property, buildings and improvements, commercial
					 space, lands for farming and gardening, and community facilities acquired or
					 constructed or to be acquired or constructed, and all tangible or intangible
					 assets held or used in connection therewith, or any one or more of the
					 foregoing, or any combination thereof, designated by the corporation as a
					 rental housing development to be included in the rental housing system.
"Rental housing system" means the system of rental housing
					 developments owned and operated by or on behalf of the corporation consisting
					 of all rental housing developments pursuant to chapter
					 201H, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-303-3 - Designation by the corporation

Current through June, 2024
(a) The board, by
				  resolution, shall designate each rental housing development to be included in
				  the rental housing system.
(b) The
				  corporation may call for informational hearings pursuant to chapter
				  91, HRS, on any development proposed
				  under the rental housing program, as it deems necessary to receive and study
				  community reaction to the proposed development.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-303-4 - Criteria for rental housing developments

Current through June, 2024
Notwithstanding any rule herein, prior to the designation
					 of a rental housing development, the corporation shall establish criteria for
					 the rental housing development, including but not limited to the:
(1) Priority and selection of applicants for
				  the development;
(2) Occupancy of
				  the rental units in the development;
(3) Selection of the management of the
				  development; and
(4) Rental
				  administration of the development.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-303-5 - Program administration

Current through June, 2024
Except as otherwise provided by law or rule, the rental
					 housing system under this chapter shall be administered in accordance with
					 chapter
					 521, HRS, the "residential
					 landlord-tenant code".
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 2 - ELIGIBILITY AND ADMISSION OF TENANTS › Section 15-303-20 - Notification of eligibility

Current through June, 2024
(a) An applicant
				  shall be notified in writing by the corporation as to the applicant's
				  qualification and eligibility.
(b)
				  If there are no rental units available, the applicant shall be placed on a
				  waiting list for an available rental unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 3 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-303-30 - Occupancy guidelines

Current through June, 2024
The following occupancy guidelines may be used for rental
					 housing units when the number of applicants exceeds the number and types of
					 units available:
Dwelling Unit Size
Preferred Family Size
0 Bedroom
1 person
1 Bedroom
2 persons
2 Bedroom
3 persons
3 Bedroom
4 persons
4 Bedroom
5 persons
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 3 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-303-31 - Rental agreement

Current through June, 2024
(a) A qualified and
				  eligible applicant shall enter into a rental agreement with the corporation
				  which shall provide all the terms and conditions of occupancy for the tenancy,
				  including but not limited to, use, mutual obligations and covenants, and rental
				  readjustment.
(b) No tenant shall
				  be permitted to remain in a rental housing project without a valid rental
				  agreement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 3 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-303-32 - Verification of information

Current through June, 2024
An applicant or tenant shall provide documentation to
					 verify information upon request of the staff.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 3 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-303-33 - Misrepresentation

Current through June, 2024
A qualified applicant or tenant may be denied admission or
					 continued occupancy in a rental housing development, or a tenant's rental
					 agreement may be terminated if the qualified applicant or tenant has submitted
					 false information, withheld information, or made wilful misstatements in order
					 to qualify for admission into the rental housing development.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 3 - OCCUPANCY AND RENTAL AGREEMENT › Section 15-303-34 - Security deposit

Current through June, 2024
A tenant shall submit a security deposit which shall be
					 not less than one month of the applicable rent along with the completed rental
					 agreement prior to occupancy of the rental unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 303 - HAWAII RENTAL HOUSING SYSTEM REVENUE BOND PROGRAM › Subchapter 4 - MANAGEMENT OF RENTAL HOUSING PROJECTS › Section 15-303-40 - Management by private firms

Current through June, 2024
Rental housing projects may be managed by private firms
					 duly organized and qualified as a property manager under applicable state laws.
					 The corporation may solicit proposals from private management firms for the
					 management of a rental housing project and shall select the best qualified
					 firm, based upon the experience of the firm, experience of the personnel who
					 will be directly involved in the management of the rental housing development,
					 the management plan submitted, and the management fee.
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 15-304-1 - Purpose

Current through June, 2024
This chapter implements federal formula grant or other
					 non-competitive grant programs that are administered by the corporation as the
					 grantee. It is the purpose and intent of this chapter for the corporation to
					 take all steps necessary to maximize the availability and use of federal funds
					 for the provision of housing statewide.
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 15-304-2 - Definitions

Current through June, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
"Citizen participation plan" means the document prepared by
					 the corporation pursuant to 24 CFR part 91, as further described in section
					 15-304-4.
"Community housing development organization" means a
					 private nonprofit, community-based, service organization that has, or intends
					 to obtain, staff with the capacity to develop affordable housing for the
					 community it serves, as further defined in
					 24 CFR
					 92.2.
"Consolidated plan" means the document prepared by the
					 corporation pursuant to 24 CFR part 91, as further described in section
					 15-304-3.
"Corporation" means the Hawaii housing finance and
					 development corporation established pursuant to chapter 201H, Hawaii Revised
					 Statutes.
"County" means the counties of Hawaii, Kauai, and Maui, and
					 the city and county of Honolulu.
"Executive director" means the executive director of the
					 corporation or the executive director's designated representative.
"HOME" means the HOME investment partnerships program
					 created by Title II of the Cranston-Gonzalez National Affordable Housing Act of
					 1990, as amended.
"Housing trust fund" means the national housing trust fund
					 program created by Title I of the Housing and Economic Recovery Act of
					 2008.
"Housing Trust Fund allocation plan" means the annual
					 submission to the United States Department of Housing and Urban Development
					 that describes how the grantee will distribute its housing trust fund,
					 including how it will use the funds to address its priority housing needs, what
					 activities may be undertaken with those funds, and how recipients and projects
					 will be selected to receive those funds.
"State" means the State of Hawaii.
"State recipient" means a unit of local government
					 designated by the corporation to receive a conditional commitment of HOME
					 program funds from the corporation.