reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-39 - Building form

Current through June, 2024
(a) The height of any building or structure
				  or portion thereof shall not exceed two stories.
(b) Height limits for attics or raised
				  basements, masts, elevator bulkheads, cupolas, domes, ventilators, skylights,
				  parapet walls, cornices, solar energy systems, or necessary mechanical
				  appurtenances on the roof level shall be limited to the height necessary for
				  their proper functioning. The executive director shall make the final
				  determination on the height necessary for proper functioning. Attics shall not
				  exceed fourteen feet in height.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-40 - Architectural design

Current through June, 2024
(a) The
				  architectural character of all structures shall blend with the natural
				  environment of the Heeia CDD.
(1) Building
				  materials should be sustainable and responsive to Heeia's tropical
				  climate;
(2) Environmentally
				  sensitive design features should respect the human scale, encourage the use of
				  natural daylight and ventilation, and promote the use of natural
				  resources;
(3) Building colors and
				  surfaces should generally be absorptive rather than reflective;
(4) The building mass should be contained to
				  a minimum footprint required to support the proposed facility and use;
				  and
(5) Pedestrian circulation in
				  and around any facility shall be designed to provide a safe walking
				  environment, especially for accessing parking areas.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-41 - Parking

Current through June, 2024
(a) Applicability. This section applies to
				  all new buildings in the Heeia CDD.
(b) There shall be no parking requirement for
				  agricultural uses in all land use zones.
(c) For new buildings in the Heeia CDD, the
				  executive director will review the proposed use and determine its equivalent
				  and applicable off-street parking requirements.
(d) Permeable surfaces for parking and
				  maneuvering areas are permitted.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-42 - Landscape

Current through June, 2024
Where applicable, all yards within projects shall be
					 landscaped with native or adapted plant species and/or hardscaped with
					 permeable material.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-43 - Historical and cultural sites

Current through June, 2024
(a) Purpose. The
				  purpose of this section is to preserve, protect, and restore properties in the
				  Heeia CDD that are determined to be historic and culturally
				  significant.
(b) Applicability.
				  This section applies to all historical or culturally significant properties as
				  identified in the Heeia MP.
(c)
				  Preservation and consultation. Properties identified in the Heeia MP that are
				  deemed to be historically or culturally significant shall be preserved and
				  protected in accordance with the implementing regulations of section 106 of the
				  National Historic Preservation Act and chapter
				  6E, HRS:
(1) All projects that propose the restoration
				  of historic and cultural sites shall consult with the department of land and
				  natural resources, state historic preservation division ("SHPD"), department of
				  land and natural resources to allow an opportunity for review of the effect of
				  the proposed project on any historic properties or burial sites, pursuant to
				  section
				  6E-43,
				  HRS;
(2) A written letter of
				  concurrence from SHPD or adequate documentation that the applicant has complied
				  with the requirements of chapter
				  6E, HRS, shall be included with the
				  permit application to the authority; and
(3) All SHPD requirements shall be completed
				  by the applicant prior to submittal of a permit application to the
				  authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 3 - AREA-WIDE STANDARDS › Section 15-220-44 - Temporary uses

Current through June, 2024
Temporary structures, such as tents and booths, may be
					 permitted in any land use zone for periods not exceeding thirty days, provided
					 that the executive director may grant extensions for an additional thirty
					 days.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-56 - Rules clearance permit

Current through June, 2024
(a) Applicability.
				  Any uses, structures, and activities identified by subsection (b) shall be
				  issued a rules clearance from the rules when they are in compliance with
				  applicable standards of subchapter
				  2 (land use) and subchapter 3
				  (area-wide standards) and, where applicable, those relating to section
				  15-220-65 (nonconformities);
(b)
				  Qualifying land uses, structures, and activities. The following are eligible
				  for issuance of a rules clearance when in compliance with subsection (a):
(1) Agricultural structures and uses
				  identified in section 15-220-38(b) (agricultural use and structures);
(2) Fences and walls in compliance with
				  height and location requirements in section 15-220-40 (architectural
				  design);
(3) Interior alterations
				  or change in use;
(4) Repairs and
				  maintenance on all structures if the work does not change the approved land use
				  of the site or structure;
(5)
				  Aquaculture and aquaponic uses; and
(6) Any public utility project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-57 - Facility permit

Current through June, 2024
(a) Applicability.
				  All new buildings shall require a facility permit unless waived in accordance
				  with section 15-220-38 (agricultural use and structures) or eligible for a
				  rules clearance under section 15-220-56.
(b) Initiation. An applicant may apply for a
				  facility permit by filing an application with the executive director.
(c) Types. All facility permits shall be
				  subject to the authority's review and action pursuant to Figure 1 (approval
				  requirements), dated ________, made a part of this chapter, and attached at the
				  end of this chapter.
(d) Required
				  findings. Approval of a facility permit shall require all of the following
				  findings of fact:
(1) Heeia MP consistency.
				  That the proposal complies with and advances the goals, policies, objectives,
				  and manao hooko (intent) of the Heeia MP;
(2) Heeia CDD rules consistency. That the
				  proposal will protect, preserve, or enhance desirable characteristics of the
				  district through compliance with the standards and guidelines of the rules;
				  and
(3) Compatibility. That the
				  proposal will not have a substantial adverse effect on surrounding uses and
				  will be compatible with the existing and planned land use character of the
				  Heeia CDD and broader Heeia ahupuaa.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-58 - Conditional use permit

Current through June, 2024
(a) No inherent
				  right exists to receive a conditional use permit. Every conditional use permit
				  application shall, at a minimum, comply with every requirement contained in
				  these rules. Mere compliance with the generally applicable requirements however
				  may not be sufficient, and additional measures and conditions may be necessary
				  to mitigate the impact of the proposed project.
(b) Applicability. Uses are as designated in
				  Figure 3 (allowable uses), dated ______, made a part of this chapter, and
				  attached at the end of this chapter.
(c) Decision-maker. Conditional use permits
				  are subject to authority review and action pursuant to Figure 1 (approval
				  requirements), dated ________, made a part of this chapter, and attached at the
				  end of this chapter.
(d) Findings.
				  Approval of a conditional use permit shall require all the following findings
				  of fact:
(1) The use is allowed within the
				  applicable land use zone and complies with all other applicable provisions of
				  the rules;
(2) The use will conform
				  to the Heeia MP;
(3) The design,
				  location, size, and operating characteristics of the proposed use are
				  compatible with manao hooko (intent) of the district;
(4) The site is physically suitable for the
				  type and intensity of use being proposed, including access, utilities, and the
				  absence of physical constraints; and
(5) Granting the permit would not be
				  detrimental to the public health, safety, or welfare, or be materially
				  injurious to persons, lots, or to the district.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-59 - Variances

Current through June, 2024
(a) Purpose. This section is intended to
				  provide a mechanism for relief from the strict application of the rules where
				  the strict application will deprive the applicant of privileges because of the
				  subject site's unique and special conditions. Economic or financial hardship
				  alone is not sufficient justification for granting a variance.
(b) Applicability. All requirements of the
				  rules are mandatory unless a variance is obtained,
(c) Variances shall be subject to authority
				  review and action as set forth in Figure 1 (approval requirements), dated
				  _______, made a part of this chapter, and attached at the end of this
				  chapter:
(d) Findings. Approval of
				  a variance shall require all the following findings of fact:
(1) Uniqueness. That there are unique
				  physical conditions, including irregularity of the lot size or shape or
				  exceptional topographical or other physical conditions peculiar to and inherent
				  in the particular project area; and that, as a result of such unique physical
				  conditions, practical difficulties or unusual hardship arise in complying
				  strictly with the standards of the rules;
(2) Self-created hardship. That the practical
				  difficulties or unusual hardship claimed as the basis for a variance has not
				  been created by the applicant;
(3)
				  Minimal deviation. That the variance, if approved, is the minimum deviation
				  necessary to afford relief; and to this end, the decision-maker may permit a
				  lesser variance than that applied for;
(4) Character. That the variance, if
				  approved, will not alter the existing character of the area and will not be
				  detrimental to the public welfare and the environment; and
(5) No adverse impact. The variance would
				  result in a project that would not be detrimental to nor adversely impact the
				  district.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-61 - Automatic approvals

Current through June, 2024
(a) The following
				  permits shall be deemed approved and require no public hearing if a certificate
				  of completeness has been issued and no decision is rendered within the
				  following review periods:
(1) Rules clearance
				  (sixty calendar days);
(2) Facility
				  Permit (ninety calendar days); and
(3) Variance (one hundred eighty calendar
				  days).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-62 - Approval period

Current through June, 2024
(a) The following
				  permit approvals shall automatically lapse if the initial building permit
				  authorizing the construction has not been issued or if construction has not
				  commenced on the project:
(1) Rules clearance
				  permit approvals shall have an effective approval period of one year;
(2) Facility permits shall have an effective
				  approval period of two years, unless extended under these rules;
(3) Conditional use permits shall have an
				  effective approval period of two years, unless extended under these rules;
				  and
(4) Variance approvals shall
				  have an effective approval period of two years, unless extended under these
				  rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-63 - Appeals

Current through June, 2024
(a) Decisions of the executive director
				  rendered in the administration of the rules are appealable, as provided herein,
				  to the authority (see Figure 1 (approval requirements), dated _____, made a
				  part of this chapter, and attached at the end of this chapter).
(b) An appeal of an executive director
				  decision shall be sustained by the authority only if it finds:
(1) The executive director's decision was
				  based on an erroneous finding of material fact; or
(2) The executive director acted in an
				  arbitrary or capricious manner or had manifestly abused his or her
				  discretion.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-64 - Minor changes

Current through June, 2024
(a) After final
				  approval of a rules clearance, facility permit, conditional use permit or
				  variance, the executive director may allow minor amendments to the application
				  without submittal of a new or amended application when the requested amendment
				  does not:
(1) Introduce different land
				  uses;
(2) Request larger land
				  area;
(3) Request a greater
				  variance; and
(4) Reduce or
				  eliminate any conditions attached to the subject permit approval.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-65 - Nonconformities

Current through June, 2024
(a) Applicability. This section applies to
				  nonconformities, including their continuation, enlargement, or
				  expansion.
(b) Continuation. A
				  nonconformity that was lawfully operated, established, or commenced in
				  accordance with the provisions of all authority statutes or regulations in
				  effect at that time may continue subject to this section.
(c) Violation of rules. The violation of this
				  section shall immediately disallow a nonconformity.
(d) Nonconforming uses:
(1) Continuance of nonconforming uses. The
				  lawful use of any structure existing as of the effective date of the rules may
				  be continued, although such use does not conform to the provisions of the
				  rules. Such use may be extended throughout the structure, provided that no
				  structural alterations or additions to the structure occur, except those made
				  in conformance with the rules; and
(2) Changes of use:
(A) Any nonconforming use may be changed to a
				  use conforming with the rules established for the land use zone in which the
				  nonconforming use is located; provided, however, that a nonconforming use so
				  changed shall not in the future be changed back to a nonconforming use;
				  and
(B) A nonconforming use may
				  only be expanded under the provisions of subsection (e)(2).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-66 - Violations and enforcement

Current through June, 2024
All provisions relating to violations of these rules and
					 enforcement of said violations are provided in chapter
					 219, HCDA's rules of practice and
					 procedure.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 220 - HEEIA COMMUNITY DEVELOPMENT DISTRICT RULES › Subchapter 4 - PROCEDURES › Section 15-220-67 - Fee schedule

Current through June, 2024
There are no fees for rule clearance facility and
					 conditional use permits. Public hearing costs for variance requests shall be
					 the paid for by the applicant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-161-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, HRS, and implements part III,
					 chapter 2016, HRS, the housing loan and mortgage programs, also known as the
					 hulamae single family program, and the following objectives:
(1) Alleviate the shortage of long-term
				  mortgage financing at affordable interest rates;
(2) Make funds available at affordable
				  interest rates, through mortgage lenders, to permit the purchase of homes by
				  resident families of lower and moderate income; and
(3) Assure effective participation by
				  mortgage lenders in the programs authorized by part III, chapter 2016, HRS and
				  the restriction of their financial return from the programs to that necessary
				  and reasonable to induce their participation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-161-3 - Delegation

Current through June, 2024
The corporation delegates to the executive director the
					 authority to implement and carry out the purposes of these
					 rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 2 - LOANS TO LENDERS PROGRAM › Section 15-161-10 - Purpose

Current through June, 2024
The purpose of this program is to provide loans to
					 mortgage lenders to be used to make eligible loans to eligible borrowers. The
					 loan amount shall be based on an agreement by mortgage lenders to originate a
					 specified amount of eligible loans.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 3 - PURCHASE OF EXISTING LOANS PROGRAM › Section 15-161-20 - Purpose

Current through June, 2024
The purpose of this program is to provide funds to
					 mortgage lenders to be used to make eligible loans to eligible borrowers. The
					 funding shall be based on an agreement by mortgage lenders to deliver a
					 specified amount of existing loans and mortgage lenders shall use the funds to
					 originate eligible loans to eligible borrowers.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 4 - ADVANCE COMMITMENT PROGRAM › Section 15-161-30 - Purpose

Current through June, 2024
The purpose of this program is to allow the corporation to
					 purchase eligible loans from mortgage lenders. The purchase shall be based on
					 an advance commitment by mortgage lenders to deliver a specified amount of
					 eligible loans to the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 4 - ADVANCE COMMITMENT PROGRAM › Section 15-161-31 - Definitions

Current through June, 2024
Whenever used in this subchapter and the procedural guide,
					 unless the context otherwise requires:
"Commitment application" means a mortgage lender's
					 application, in such form as may be prescribed by the corporation, to sell
					 eligible loans to the corporation pursuant to the terms of the mortgage
					 purchase agreement and the procedural guide. The form of the commitment
					 application shall be available for inspection at the principal office of the
					 corporation during normal business hours.
"Notice of acceptance" means the corporation's notice to
					 the mortgage lender of the acceptance of its commitment application.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 4 - ADVANCE COMMITMENT PROGRAM › Section 15-161-32 - Process and procedures

Current through June, 2024
(a) The corporation
				  shall make available to all mortgage lenders, a commitment application at least
				  thirty days in advance of the deadline for submission to the corporation. The
				  commitment application shall be mailed to each active and qualified member of
				  the:
(1) Hawaii bankers
				  association;
(2) Hawaii league of
				  savings associations;
(3) Mortgage
				  bankers association of Hawaii; and
(4) Other mortgage lenders requesting an
				  application.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 5 - ELIGIBLE LOAN FUNDING PROGRAM › Section 15-161-40 - Purpose

Current through June, 2024
The purpose of this program is to provide eligible loans
					 to eligible borrowers through an alternative program to the advance commitment
					 program. The purchase of mortgage loans shall be based upon requests submitted
					 to the corporation by mortgage lenders on a loan by loan
					 basis.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 5 - ELIGIBLE LOAN FUNDING PROGRAM › Section 15-161-41 - Definitions

Current through June, 2024
Whenever used in this subchapter and the procedural guide,
					 unless the context otherwise requires:
"Commitment letter" means the corporation's notice to the
					 mortgage lender of the acceptance of its qualified request and the reservation
					 of funds pursuant to the request.
"Qualified requests" means requests submitted by mortgage
					 lenders to the corporation for the commitment of funds to a specific loan. The
					 request must include the borrowers' names, bond series of the funds requested
					 loan amount and commitment fees.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 5 - ELIGIBLE LOAN FUNDING PROGRAM › Section 15-161-42 - Process and procedures

Current through June, 2024
(a) The corporation
				  shall notify all mortgage lenders of its intent to issue bonds not later than
				  thirty days in advance-of the anticipated sale date of the bonds.
The notification shall be mailed to each active and
					 qualified member of the:
(1) Hawaii
				  bankers association;
(2) Hawaii
				  league of savings associations;
(3)
				  Mortgage bankers association of Hawaii; and
(4) Other mortgage lenders requesting an
				  application.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-51 - Yield on mortgage loans

Current through June, 2024
Mortgage loans sold to the corporation shall bear interest
					 at a rate and be sold the corporation at a price which in the aggregate shall
					 produce a yield to the corporation on the mortgage loans sufficient to:
(1) Pay interest on the related issue of the
				  authority's bonds;
(2) Provide
				  adequate reserves, if any, for the holders of the bonds; and
(3) Cover the operating costs of the
				  corporation for the program;
provided the yield on the mortgage loans shall not exceed
					 the maximum permitted by applications of the provisions of section 103A(i) or
					 section 103(c) of the Internal Revenue Code of 1954, as amended, or section
					 143(g) of the Internal Revenue Code of 1986, as applicable, and the applicable
					 regulations promulgated by the United States Department of the
					 Treasury.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-52 - Waiver

Current through June, 2024
The board of the corporation, by resolution, may waive or
					 vary provisions of this rule to conform to the requirements of applicable
					 federal requirements.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-53 - Homeownership counseling

Current through June, 2024
The corporation may require the eligible borrower to
					 successfully complete a homeowner's counseling program
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-54 - Limitations on transfer, use and eligibility

Current through June, 2024
The corporation shall provide for:
(1) The increase in the interest rate charged
				  on the eligible loan to a rate not to exceed the interest rate allowed at the
				  time the original loan was made for loans insured by the Federal Housing
				  Administration or guaranteed with the Veterans Administration, or the Farmers
				  Home Administration; or
(2)
				  Acceleration of all payments due under the mortgage and loan covering the
				  eligible loan if the:
(A) Eligible borrower
				  conveys or transfers the property described in the mortgage to any person other
				  than an eligible borrower. However, transfer of title will be permitted for
				  estate planning purposes provided that the eligible borrower remain clearly
				  identifiable and in occupancy during the term of the mortgage;
(B) Eligible borrower rents or fails to
				  occupy the property described in the mortgage as the eligible borrower's
				  permanent and primary residence;
(C) Eligible borrower fails to abide by any
				  agreements executed by the eligible borrower for the purpose of the eligible
				  loan; or
(D) Corporation finds that
				  any statement made by the eligible borrower in the eligible loan application to
				  be false; provided if it is necessary for the purchase of mortgages insured by
				  the Federal Housing Administration or guaranteed by the Veterans Administration
				  or the Farmers Home Administration, the requirements above may be amended by
				  the corporation, to conform to the requirements of the Federal Housing
				  Administration, Veterans Administration, and Farmers Home
				  Administration.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-55 - Falsification of application

Current through June, 2024
The eligible borrower shall verify the application by
					 signing the application, falsification of which shall be subject to the
					 criminal sanctions of the Hawaii penal code, part V, sections
					 710-1063
					 HRS, and shall constitute a misdemeanor.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-56 - Occupancy

Current through June, 2024
(a) The eligible borrower shall utilize the
				  dwelling purchased under these rules as his or her principal residence for the
				  life of the eligible loan.
(b) For
				  an eligible borrower in the process of selling or transferring title to their
				  property, the corporation may grant a waiver of the requirements of subsection
				  (a) for a period not to exceed three years and for the reasons based on
				  hardship, included but not limited to, unforeseeable job or military transfer,
				  serious illness of the person, or any other hardship circumstance that the
				  corporation may determine on a case by case basis.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-57 - Arbitrage

Current through June, 2024
It is the intent of the corporation not to exceed the
					 arbitrage limitation of the Internal Revenue Code and the corporation may waive
					 any provision of this rule in any instance to comply with the arbitrage
					 limitation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-58 - Mortgage valid first lien

Current through June, 2024
The mortgage securing each eligible loan shall constitute
					 a first lien on such real estate secured in accordance with the requirements of
					 the procedural guide. The enforcement of such mortgage shall be delineated in
					 the procedural guide as part of the servicing requirement of each eligible
					 loan.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 161 - HULA MAE SINGLE FAMILY PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-161-59 - Special assistance program

Current through June, 2024
The corporation may develop subsidy programs for its bond
					 issues to enable certain eligible borrowers whose family income, earned during
					 the most recent calendar year preceding the date of application for an eligible
					 loan, does not exceed eighty per cent of median income for a family of four in
					 the State, as adjusted for family size, to qualify for an eligible loan subject
					 to such other terms, conditions and covenants as may be prescribed by the
					 corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-164-1 - Purpose

Current through June, 2024
This rule is adopted under chapter
					 91, HRS, and implements subpart III.C.
					 of chapter 2016, HRS. The purpose of this program is to increase the number of
					 safe and sanitary rental housing accommodations available at affordable rents
					 in the State by:
(1) Assisting owners
				  of rental housing accommodations in maintaining the rentals at levels
				  affordable by families and individuals of low and moderate income through the
				  provision of rental assistance payments which, with rentals received from
				  tenants of low and moderate income, will provide the owners with limited but
				  acceptable rates of return on their investment in rental housing
				  accommodations; and
(2) Providing a
				  funding source for low-interest interim construction financing for the
				  development of affordable rental housing by nonprofit and for-profit entities
				  well as the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-164-2 - Definitions

Current through June, 2024
(a) The definition of the terms "eligible
				  tenant", "owner", "regulatory agreement", and "rental assistance contract"
				  shall be the same as defined in part III, chapter 2016, HRS.
(b) As used in this subchapter and the
				  procedural handbook:
"Discount rate" means the rate to be used to determine the
					 present value of the cumulative rental assistance payments made to an
					 owner.
"Eligible project" means an eligible project as defined, in
					 part III, chapter 2016, HRS and which is not feasible at affordable rentals
					 without a rental assistance contract.
"Owner's equity" means the capital contributed by the owner
					 to the eligible project and approved by the corporation pursuant to the
					 procedural handbook and regulatory agreement.
"Qualified sponsor" means qualified sponsor as defined in
					 part III, chapter 2016, HRS, and who is determined by the corporation to have
					 articles of incorporation or comparable documents of organization or a written
					 agreement with the corporation which, in addition to other requirements of law,
					 provides that if the person or entity receives an interim construction loan
					 under part III, chapter 2016, HRS, and subpart 3 of these rules, it shall be
					 authorized to enter into an agreement with the corporation, providing for
					 regulations with respect to rents, profits, dividends, and dispositions of
					 property or franchises.
"Rate of return on owner's equity" means the annual
					 percentages derived by dividing the owner's net earnings, as defined in the
					 procedural handbook, by the owner's equity.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 2 - RENTAL ASSISTANCE PROGRAM › Section 15-164-11 - Rental assistance revolving fund

Current through June, 2024
(a) The corporation
				  shall administer the rental assistance revolving fund established pursuant to
				  section 2016-223, HRS.
(b) Subject
				  to the restrictions in section 2016-223, HRS, the corporation may use the
				  aggregate principal sum and the accumulated earnings in the rental assistance
				  revolving fund to make payments under the rental assistance contracts or to
				  subsidize tenants' rents in projects developed by the corporation under part
				  III of chapter 2016, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 2 - RENTAL ASSISTANCE PROGRAM › Section 15-164-12 - Rental assistance contracts; sharing of appreciation

Current through June, 2024
(a)
				  The corporation may enter into an agreement to enter into a rental assistance
				  contract in accordance with section 2016-224, HRS. The agreement shall provide
				  for the execution of a rental assistance contract upon satisfaction of the
				  terms set forth in the procedural handbook. The maximum annual rental
				  assistance payment amount shall be determined pursuant to the procedural
				  handbook. The rate of return on owner's equity shall not exceed fifteen per
				  cent annually.
(b) The corporation
				  shall be entitled to share in the appreciation of the value of units maintained
				  for eligible tenants within an eligible project realized at the time of
				  refinancing or prepayment of the eligible project loan in accordance with
				  section 2016-225, HRS; provided that the corporation shall exempt projects
				  owned by a county from this shared appreciation requirement if all of the
				  following requirements are met:
(1) The funds
				  derived by the county as a result of appreciation in value of the units are
				  used for housing projects where in:
(A) At
				  least sixty per cent of the project is affordable to families earning up to one
				  hundred per cent of the area median income as determined by the United Stated
				  Department of Housing and Urban Development and as adjusted for family size;
				  and
(B) At least one-half of the
				  foregoing sixty per cent is affordable to families earning up to eighty per
				  cent of the area median income as determined by the United Stated Department of
				  Housing and Urban Development and as adjusted for family size; and
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 2 - RENTAL ASSISTANCE PROGRAM › Section 15-164-13 - Procedures, implementation of program

Current through June, 2024
(a) The corporation
				  shall develop a procedural handbook which shall contain, but not be limited to,
				  procedures for evaluating rental schedules, reviewing tenants' income in
				  eligible projects, inspecting units, and calculating appreciation upon
				  refinancing or prepayment of the eligible project loan-
(b) The operation and implementation of the
				  rental assistance program shall be conducted in accordance with part III,
				  chapter 2016, HRS, these rules, and the procedural handbook as amended or
				  supplemented from time to time by the corporation at its sole
				  discretion.
(c) A copy of the
				  procedural handbook, in its most current form, shall at all times be kept at
				  the principal office of the corporation and shall be available for inspection
				  during normal business hours.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 3 - INTERIM CONSTRUCTION PROGRAM › Section 15-164-21 - Interim construction program

Current through June, 2024
(a) Subject to the
				  restrictions and funding limitations in section 2016-223, HRS, the corporation
				  may use the aggregate principal sum and the accumulated earnings in the rental
				  assistance revolving fund to provide interim construction financing to:
(1) Qualified sponsors of rental housing
				  projects who are private nonprofit or for-profit entities; or
(2) The corporation; provided that in
				  allotting interim construction financing moneys under this program, the
				  corporation shall give a preference to rental housing projects developed by
				  qualified sponsors who are private nonprofit or for-profit entities.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 3 - INTERIM CONSTRUCTION PROGRAM › Section 15-164-22 - Project criteria for funding; minimum requirements

Current through June, 2024
Affordable rental housing projects funded in whole or in
					 part through loans under this program must meet the following criteria:
(1) At least twenty per cent of the units in
				  the project are rented to households with incomes of up to fifty per cent of
				  the area median income as determined by the U.S. department of housing and
				  urban development; or
(2) At least
				  forty per cent of the units are rented to households with incomes of up to
				  sixty per cent of the area median income, as determined by the U.S. department
				  of housing and urban development; or
(3) At least sixty per cent of the units must
				  be rented to households with incomes of up to one hundred forty per cent of the
				  area median income, as determined by the U.S. department of housing and urban
				  development; provided, however, that if there is an insufficient number of
				  persons or families who meet the income qualifying criteria for admission into
				  the housing project, the corporation may permit the developer to rent units to
				  higher income tenants in order to ensure full occupancy of funded
				  projects.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 3 - INTERIM CONSTRUCTION PROGRAM › Section 15-164-24 - Evaluation of requests for program funds

Current through June, 2024
(a) The corporation
				  will review and evaluate each application for program funds, and shall take
				  into consideration factors such as compliance with the purposes and intent of
				  section 2016-223, HRS, and other relevant factors.
(b) In evaluating the requests for program
				  funding, the corporation shall provide a preference to projects meeting the
				  following criteria:
(1) Projects which
				  dedicate a greater number of units or a larger proportion of their project for
				  very low and low income persons or families; and
(2) Projects which are committed to serving
				  very low and low income persons or families over a longer period of time.
The corporation may also include other criteria as it deems
					 necessary to carry out the purposes of the fund.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 3 - INTERIM CONSTRUCTION PROGRAM › Section 15-164-25 - Corporation action

Current through June, 2024
(a) The corporation
				  may accept a request that program funds be allocated or may deny a request for
				  program funds for a project. The corporation may also defer action on any
				  request for project funds and may request that additional information be
				  submitted. If the corporation accepts a request that program funds be allocated
				  for a project, the corporation must make specific findings that the use and
				  application of program funds for the project are consistent with the purposes
				  of the program and must submit a recommendation to the governor that program
				  funds be allocated for the project.
(b) For any project that the corporation
				  recommends to be assisted by program funds, the corporation shall provide the
				  governor with a summary of the project to be developed. The summary shall
				  include:
(1) The various aspects of the
				  project, including any projects or loan programs to be a part of the
				  program;
(2) The methods of
				  financing the project or loans;
(3)
				  If applicable, how the program funds will be returned to the program;
(4) Specific findings that the application of
				  program funds will meet the requirements of the program and that the
				  application of program funds will comply with the primary objectives of the
				  program;
(5) Other information
				  which the corporation deems relevant; and
(6) Other information as the governor may
				  request.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 3 - INTERIM CONSTRUCTION PROGRAM › Section 15-164-26 - Commitment of program funds

Current through June, 2024
Program funds may be committed in participation with other
					 lenders. The corporation shall not issue nor make any commitment of program
					 funds for any project unless the corporation has first made a determination
					 that the purposes and amounts for which program funds are to be applied are
					 consistent with the purposes of the program and the governor has approved the
					 commitment of program funds for the project. All commitments for program funds
					 shall be made subject to availability of program funds.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 164 - RENTAL ASSISTANCE PROGRAM › Subchapter 3 - INTERIM CONSTRUCTION PROGRAM › Section 15-164-27 - Conditions for program funds

Current through June, 2024
For a commitment of project funds, the corporation may
					 require the applicant to enter into an agreement with the corporation,
					 including a development agreement or regulatory agreement, evidencing the
					 applicant's obligation to develop the project in a manner which will carry out
					 the intent and purpose of the program. The corporation may require the
					 applicant to prepare and maintain such records, including cost certifications,
					 which evidence that project funds are being applied in a manner which meets the
					 requirements of the program.
Additionally, the corporation may impose other
					 restrictions which the corporation shall require as a condition for project
					 funds.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 165 - TAXABLE MORTGAGE SECURITIES PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-165-1 - Purpose

Current through June, 2024
These rules are adopted pursuant to Chapter
					 91, Hawaii Revised Statutes ("HRS"),
					 to implement sections 2016-241 through 2016-244, HRS, and sections 2016-161,
					 2016-164 through 2016-167, 2016-170, HRS, pertaining to the issuance and sale
					 of taxable mortgage securities for the general purpose of raising funds:
(1) To provide mortgage financing at
				  affordable or prevailing market interest rates to persons and families, who
				  meet the criteria of being eligible borrowers, to purchase a home;
(2) To make commitments to provide mortgage
				  financing for the purchase of homes in projects, developments and elsewhere as
				  a means of encouraging the development of affordable housing; and
(3) To provide interim or permanent loans to
				  finance affordable housing projects.