reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 9 - REPURCHASE OR REPAIR OF DWELLING UNITS HAVING SUBSTANTIAL CONSTRUCTION DEFECTS › Section 15-307-152 - Legal action on behalf of owner

Current through June, 2024
(a) For the purpose
				  of this section, the term "dwelling unit" means all residences developed,
				  constructed, financed, or sold pursuant to chapter
				  201G, HRS, regardless of whether or
				  not the restrictions set forth in section
				  201H-47,
				  HRS, remain in effect. The term "land" means vacant lots developed,
				  constructed, financed, or sold pursuant to chapter
				  201H, HRS, regardless of whether or
				  not the restrictions set forth in section
				  201H-47,
				  HRS, remain in effect.
(b) If a
				  dwelling unit or land is found to have a substantial construction or soil
				  defect, the corporation, upon approval of the board, may, but shall not be
				  obligated to, file a legal action on behalf of the owner of the dwelling unit
				  for the recovery of damages or for injunctive relief against the developer,
				  co-developer, general contractor, and their subcontractors, consultants and
				  other parties involved with the development, construction, or sale of the
				  dwelling unit or with the construction or soil defect.
(c) Before the corporation may file or
				  participate in any legal action on behalf of the owner, the corporation shall
				  enter into an agreement approved by the board, with the owner relating to the
				  corporation's participation in the legal action. The agreement shall include,
				  but shall not be limited to, provisions as to the following:
(1) The scope of the corporation's
				  participation in the legal action;
(2) The responsibility for payment of the
				  expenses of litigation, including attorneys' fees and expert witnesses' fees;
				  and
(3) The allocation of any
				  damages awarded in the legal action or of any proceeds from settlement of the
				  legal action.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 10 - PROJECT FINANCING OF LOANS AND MORTGAGE AND SECURITY REQUIREMENTS › Section 15-307-161 - Purpose

Current through June, 2024
The purpose of this subchapter is to set forth the rules
					 relating to the interim and permanent financing of housing projects.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 10 - PROJECT FINANCING OF LOANS AND MORTGAGE AND SECURITY REQUIREMENTS › Section 15-307-161.5 - Applications for program funds

Current through June, 2024
Applicants desiring to utilize fund moneys under this
					 program shall submit to the corporation an application containing the
					 information required under sections 15-307-24 and 15-307-26 of these rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 10 - PROJECT FINANCING OF LOANS AND MORTGAGE AND SECURITY REQUIREMENTS › Section 15-307-162 - Interim financing

Current through June, 2024
(a) Interim loans
				  for approved projects shall be funded in accordance with section
				  201H-43,
				  HRS, and will be available to developers who qualify in accordance with this
				  chapter.
(b) A developer shall
				  satisfy the corporation that the developer or contractor is a sound credit risk
				  and has the ability to repay the money borrowed.
(c) Upon the report and recommendation of the
				  administrator, the corporation, through board action, may at any time
				  thereafter approve or disapprove the loan.
(d) The loan amount shall not exceed the
				  actual cost of the project including the land cost, total construction contract
				  price, architectural and engineering fees, interest on the loan, legal and
				  accounting expenses, construction insurance and performance bond premiums,
				  charges for appliances, and such other related expenses and costs as are
				  directly attributable to the development and construction of the project;
				  provided that in no event shall the loan amount exceed a percentage of the
				  total value of the project as determined by the corporation for such
				  project.
(e) Mortgage and security
				  requirements shall conform to section
				  201H-43,
				  HRS, and may include the condition that no disbursements of the loan fund will
				  be made by the corporation until the corporation receives satisfactory evidence
				  that there is available permanent financing or other means of repayment
				  covering the project or the individual dwelling units that are for
				  sale.
(f) A building and loan
				  agreement and other security agreements, as appropriate, shall be executed on
				  approval of the interim loan upon such terms and conditions as may be required
				  by the corporation.
(g) The
				  corporation may participate with private lenders in the provision of interim
				  loans to developers.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 10 - PROJECT FINANCING OF LOANS AND MORTGAGE AND SECURITY REQUIREMENTS › Section 15-307-163 - Permanent financing

Current through June, 2024
(a) Permanent loans
				  for approved multifamily housing projects with five or more residential units
				  may be available to developers who qualify in accordance with this chapter;
				  provided that the project financing does not include a loan or grant from the
				  corporation's rental housing revolving fund. The corporation may accept or deny
				  a request for a permanent loan for a project. The corporation may also defer
				  action on any request for a permanent loan and may request that additional
				  information be submitted.
(b)
				  Permanent loans shall be subject to the following underwriting standards and
				  additional conditions:
(1) A debt coverage
				  ratio of not less than 1.00x on hard debt service requirements for the duration
				  of the amortization period of the loan;
(2) A loan-to-value ratio of the total loan
				  amount to the total appraised value, shall not exceed one hundred per cent;
				  and
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 11 - DEFAULT › Section 15-307-171 - Default

Current through June, 2024
In the event any loan made under this chapter becomes
					 delinquent, the corporation may proceed with foreclosure action in accordance
					 with chapter
					 667, HRS, or may pursue any other
					 civil remedy permitted by law.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-241 - Purpose

Current through June, 2024
The purpose of this subchapter is to set forth the rules
					 relating to use of the dwelling unit revolving fund for grants or loans to
					 finance regional infrastructure improvements.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-242 - Regional infrastructure subaccounts; generally

Current through June, 2024
(a) Upon
				  request of a county government, the corporation may establish a regional
				  infrastructure subaccount within the dwelling unit revolving fund for that
				  county pursuant to the requirements of §
										201H-191.5.
				  Each county subaccount so established may be used to provide grants and loans
				  to state agencies., or loans to counties or private developers, to cover
				  eligible costs of regional infrastructure improvements within that specific
				  county.
(b) Regional infrastructure
				  subaccount funds may be utilized for the planning, design, feasibility studies,
				  construction, and materials for infrastructure improvements that would increase
				  the capacity of the Infrastructure facilities, including regional sewer
				  systems, water systems, drainage systems, roads, and telecommunications and
				  broadband. The corporation may also use subaccount funds to repay private
				  investors for their investment plus any interest accrued on their investments
				  made into the subaccounts to finance, in whole or in part, infrastructure
				  improvements that would increase the capacity of said infrastructure
				  facilities.
(c) The corporation
				  may, from time to time and at its sole discretion, determine that there are
				  sufficient funds available in the dwelling unit revolving fund to transfer to
				  regional infrastructure subaccounts for the purpose of making regional
				  infrastructure -grants and loans to State departments and agencies, or regional
				  infrastructure loans to county departments and agencies and private
				  entities.
(d) The corporation may
				  assess fees, including application, origination and servicing fees, as
				  prescribed by the exhibit at the end of this chapter entitled "Fees", dated
				  ________________ to cover the administrative expenses of originating and
				  managing the subaccounts. The fees shall be deposited into the dwelling unit
				  revolving fund.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-243 - Commitment of subaccount funds

Current through June, 2024
(a) Regional
				  infrastructure subaccount fund loans may be committed in participation with
				  other lenders.
(b) The corporation
				  shall not issue nor make any commitment of regional infrastructure subaccount
				  funds for any project unless the board has first made a determination that the
				  purposes and amounts for which regional infrastructure subaccount funds are to
				  be applied are consistent with the purposes of the program. All commitments of
				  regional infrastructure subaccount funds shall be made subject to the
				  availability of program funds.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-244 - Regional infrastructure financing

Current through June, 2024
(a) Loan amounts
				  shall not exceed the actual cost of the infrastructure project, including total
				  construction contract price, architectural and engineering fees, interest on
				  the loan, legal and accounting expenses, construction insurance and performance
				  bond premiums, and other such related expenses and costs as are directly
				  attributable to the development and construction of the regional infrastructure
				  project; provided that in no event shall the loan amount exceed a percentage of
				  the total value of the infrastructure project as determined by the corporation
				  for such project.
(b) Payments of
				  regional infrastructure loans may include loan repayments, the value of credits
				  or reservations for infrastructure capacity, and in-kind payments of improved
				  real property; provided that the value of the credits or reservations, the
				  appraised value of the improved property, and other loan payments, if
				  applicable, shall not be less than the loan amount.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-245 - Processing of regional infrastructure project proposals

Current through June, 2024
(a)
				  An applicant shall make a written request including and supported by
				  information, materials, forms and exhibits about the project as set forth in
				  §15-307-26, above, as applicable to the project, and such additional
				  information as may be required by the corporation.
(b) The administrator shall, upon receipt of
				  an application or project proposal or both, time stamp the same as received and
				  review the application for completeness and compliance with applicable rules
				  under this subchapter. An incomplete application shall be returned to the
				  applicant.
(c) After review of the
				  application for appropriateness, technical compliance and feasibility, the
				  administrator may submit the proposal with a recommendation for approval,
				  contingent approval, or disapproval to the board.
(d) The board may recommend that a request
				  for regional infrastructure subaccount funds be allocated or may deny a request
				  for regional infrastructure subaccount funds for a project. The board may also
				  defer action on any request for regional infrastructure subaccount funds and
				  may request that additional information be submitted. If the board recommends
				  that a request for regional infrastructure subaccount funds be allocated for a
				  project, the board shall make specific findings that the use and application of
				  regional infrastructure subaccount funds for the project are consistent with
				  the purposes of this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-246 - Evaluation of requests for program funds; criteria for selection of proposals

Current through June, 2024
(a) The corporation or its designee(s) shall
				  review each request for regional infrastructure subaccount funds to verify that
				  the infrastructure project meets the requirements and purposes of this
				  subchapter. If it is determined that the project does not meet the requirements
				  and purposes of this subchapter, staff shall notify the applicant that the
				  application for program funds will not be processed for action and state the
				  reasons the application will not be processed. Staff shall review and evaluate
				  projects only if the infrastructure project meets the minimum threshold
				  requirements set forth in section 15-307-247 and the applicant submits a
				  complete application.
(b) Funds
				  shall be made available on a case-by-case basis. In selecting regional
				  infrastructure projects for funding assistance under this subchapter, the
				  corporation shall give consideration to the following factors:
(1) The relative merits of the project
				  including the need for the project, public benefits, and project
				  readiness;
(2) The ability of the
				  applicant to deliver the project as planned, fulfill project commitments, and
				  ensure compliance with the terms of the financing agreement;
(3) The creditworthiness of the
				  applicant;
(4) The extent of local
				  government support or the support of any other governmental body whose purview
				  involves statewide community planning or permitting;
(5) The recommendations of the Hawaii
				  interagency council for transit-oriented development;
(6) The amount of affordable rental housing
				  development the proposed regional infrastructure project will support once
				  completed, as measured by unit count; and
(7) The amount of funding requested relative
				  to the total cost of the infrastructure project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-247 - Eligible regional infrastructure projects; minimum requirements

Current through June, 2024
Proposed regional infrastructure project applicants shall
					 meet the following minimum threshold requirements to be considered for
					 financing assistance under this subchapter:
(1) The proposed regional infrastructure
				  project is for the benefit of housing and mixed-use transit-oriented
				  development projects;
(2) The
				  proposed regional infrastructure project is located in an area designated for
				  planned growth and will increase the capacity of the infrastructure
				  facilities;
(3) The project has the
				  support of the applicable county planning and housing agencies;
(4) The project has the support of the
				  applicable state departments or agencies; and
(5) The project has the support of the
				  applicable mayor and the county legislative body, as evidenced by one or more
				  the following:
(A) Written letter of support
				  from the mayor of the county in which the project is located;
(B) Certified copies of resolutions in
				  support of the project adopted by the county legislative body in which the
				  project is located; or
(C) Minutes,
				  reports, or memoranda of actions taken by a county legislative body in which
				  the project is located in support of the project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-248 - Conditions for subaccount funds

Current through June, 2024
(a) The
				  administrator and state departments or agencies, counties, or private
				  developers, upon approval by the board, may enter into an agreement, including
				  a loan agreement, development agreement, or regulatory agreement, evidencing
				  the eligible developer's obligation, to develop the project in a manner that
				  carries out the intent and purpose of this program.
(b) The corporation shall require the
				  eligible developer to prepare and maintain such records, including cost
				  certifications, necessary to show that subaccount funds are being used in a
				  manner meeting program requirements.
(c) Eligible developers shall also provide
				  periodic written reports to the corporation on the progress of the project.
				  Written reports shall be submitted at a minimum on an annual basis; provided
				  that the corporation shall receive a report subsequent to any of the following
				  events:
(1) Non-payment of interest or
				  principal;
(2) Breach of contractual
				  obligations related to all involved parties;
(3) Illegality;
(4) Default of a major contract
				  counterparty;
(5) Regulatory or
				  policy changes;
(6) Construction
				  delays;
(7) Significant deviation
				  from projected costs and cash flows;
(8) Sudden increase in costs; or
(9) Force majeure events that affect the
				  economic value of the project.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-249 - Audit and cost certifications

Current through June, 2024
All books and records of a project shall be subject to
					 audit and all expenditures of a project shall be subject to cost certification.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 14 - REGIONAL INFRASTRUCTURE FINANCING › Section 15-307-250 - Compliance monitoring; penalties for non-compliance

Current through June, 2024
(a)
				  The corporation may perform an audit at least once a year until a regional
				  infrastructure project is completed, but shall have access to all books and
				  records upon notice to the eligible developer.
(b) The penalty for non-compliance with
				  program rules and requirements is at the discretion of the corporation. For
				  projects receiving program funds in the form of loans, foreclosure proceedings
				  is one alternative. For projects receiving grants, the corporation may
				  undertake legal proceedings to secure specific performance. In all cases, the
				  corporation reserves the right to pursue any and all legal remedies to
				  recapture the funds awarded, to seek specific performance, or other actions
				  that it deems necessary.
(c) Upon
				  determination by the corporation of non-compliance with program rules and
				  requirements, the owner shall be notified and given sixty calendar days to
				  correct the violations. The corporation may extend the correction period, up to
				  a total of six months if it is determined that good cause exists for granting
				  such an extension."
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-308-1 - Purpose

Current through June, 2024
This chapter is adopted under chapter
					 91, HRS, and implements the provisions
					 of chapter 201H, HRS, providing for the sale,
					 resale, purchase, repurchase, lease, or rental of dwelling units.
Priority for affordable units marketed and sold under this
					 chapter shall be for first-time homebuyers who require the assistance of
					 programs under chapter
					 201H, HRS, to purchase their home. A
					 first-time homebuyer who intends to purchase a unit developed or sold under
					 this chapter with cash does not require the assistance of programs under
					 chapter 201H, HRS, to
					 become a homeowner.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-308-3 - References to other chapters

Current through June, 2024
(a) To the extent
				  appropriate for the implementation of chapter
				  201H, HRS, references in documents,
				  forms, and similar instruments of the corporation to chapters
				  201E,
				  201G,
				  356,
				  359, and 359G, HRS, shall be treated
				  as references to chapter
				  201H, HRS.
(b) To the extent appropriate for the
				  implementation of this chapter, references in documents, forms, and similar
				  instruments of the corporation to chapter
				  15-307 shall be treated as references
				  to this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 2 - ELIGIBILITY AND PREFERENCES TO PURCHASE AFFORDABLE DWELLING UNITS › Section 15-308-21 - Purpose

Current through June, 2024
This subchapter governs the eligibility for purchase of and
					 preferences for the sale of dwelling units and vacant house lots developed
					 under chapter 15-307.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 2 - ELIGIBILITY AND PREFERENCES TO PURCHASE AFFORDABLE DWELLING UNITS › Section 15-308-23 - Eligibility for current owners in corporation sponsored projects

Current through June, 2024
(a) A current owner of a multi-family
				  dwelling unit sponsored by the corporation may apply for the purchase of a
				  larger dwelling unit in a corporation sponsored project if:
(1) The applicant's current household size
				  has increased and exceeds the permissible household size for the current unit
				  as determined by prevailing county building or housing codes; or in the absence
				  thereof, the housing code of the city and county of Honolulu; and
(2) The applicant has resided in the current
				  dwelling unit for at least one year.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 2 - ELIGIBILITY AND PREFERENCES TO PURCHASE AFFORDABLE DWELLING UNITS › Section 15-308-24 - Eligibility for former owners in corporation sponsored projects

Current through June, 2024
A former owner of a lower cost housing unit may apply to
					 purchase another lower cost housing unit under the following conditions:
(1) If the former owner is released from
				  title and wishes to apply again, the former owner shall show that no profit was
				  made on the sale of the first affordable unit, and that the unit was sold to a
				  qualified resident meeting corporation income and asset requirements, and at a
				  restricted price approved by the corporation.
(2) In the event the corporation does not
				  repurchase the unit offered, the owner shall sell the unit at a restricted
				  price. The unit shall remain affordable and sold to a qualified resident whose
				  income does not exceed one hundred forty per cent of the area median
				  income.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 2 - ELIGIBILITY AND PREFERENCES TO PURCHASE AFFORDABLE DWELLING UNITS › Section 15-308-25 - Occupancy guidelines for sale units

Current through June, 2024
(a) The following
				  occupancy guidelines shall be used for the sale of units:
(1) To determine the maximum affordable sales
				  price; and
(2) During the initial
				  application period, to establish a property selection order list.
Dwelling Unit Size
Preferred Household 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 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 2 - ELIGIBILITY AND PREFERENCES TO PURCHASE AFFORDABLE DWELLING UNITS › Section 15-308-26 - Counseling

Current through June, 2024
(a) The corporation shall require developers
				  to provide homeownership counseling and training to all qualified applicants.
				  The counseling and training program shall be conducted by a HUD-approved
				  housing counseling agency.
(b) The
				  purpose of the counseling and training program shall be to help people deal
				  with economic problems, to understand and accept responsibilities inherent in
				  homeownership, to prepare applicants for homeownership tasks, and to develop
				  resources that may assist the homeowner and the community.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 2 - ELIGIBILITY AND PREFERENCES TO PURCHASE AFFORDABLE DWELLING UNITS › Section 15-308-27 - Preference in dwelling unit sales

Current through June, 2024
(a) Unless
				  otherwise provided in this chapter, in the sale of dwelling units by the
				  corporation, the corporation, or an eligible developer, may give preference to
				  applicants on the basis of overall need and to applicants who:
(1) Are former owners of a dwelling unit
				  repurchased by the corporation due to a construction or soil defect; provided
				  that the former owner has not purchased another dwelling unit or land pursuant
				  to section
				  15-308-148;
(2) Meet the occupancy guidelines set forth
				  in section
				  15-308-25; provided that for
				  projects with multiple income level groupings, preference shall also be based
				  upon the lowest income group and greater household size;
(3) For single-family detached dwelling unit
				  projects, applicants having legal dependents, excluding the applicants'
				  spouses, as defined in the applicable regulations of the Internal Revenue
				  Service and as shown on the applicants' or co-applicants' state income tax
				  returns, divorce decrees having sole or joint custody, or other documents which
				  are 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 shall be made at the time of application, lot
				  selection and purchase;
(4) Have,
				  as homeowners, been displaced from their homes because of governmental
				  action;
(5) For income preferences
				  only, income preference shall be based on household size and annual gross
				  household income as established by the corporation using amounts determined by
				  HUD. All income for household members eighteen years of age and older who are
				  currently residing with the household and will physically reside in the
				  dwelling unit to be purchased shall be added to the gross household income to
				  determine the income preference. The corporation shall determine the income
				  preference for each project;
(6)
				  Are currently residing in public housing or have relocated because of income
				  disqualifications from public housing;
(7) For multi-family projects only, are
				  persons with disabilities or whose household members are persons with
				  disabilities; or
(8) Have larger
				  household sizes than other applicants; provided that the household size does
				  not exceed the applicable county occupancy standards.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 2 - ELIGIBILITY AND PREFERENCES TO PURCHASE AFFORDABLE DWELLING UNITS › Section 15-308-28 - Information and verification

Current through June, 2024
(a) The corporation
				  shall require applicants to provide information relating to household income,
				  household size, financial condition, and status changes prior to the close of
				  the sale.
(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;
(4) Verification of length of residency;
				  and
(5) 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 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 3 - MARKETING AND SALE OF AFFORDABLE DWELLING UNITS › Section 15-308-41 - Marketing and sale of dwelling units

Current through June, 2024
(a) Affordable
				  units developed under chapter
				  201H, HRS, shall be marketed and
				  sold to eligible purchasers as set forth in this subchapter.
(b) Units completed or substantially
				  completed shall be sold under the provisions of sections
				  201H-45 through
				  201H-50, HRS, including
				  repurchase restrictions and the shared appreciation equity program restrictions
				  as set forth in subchapters
				  7 and
				  8 of this chapter, as
				  applicable.
(c) Units shall be sold
				  in accordance with all applicable state and federal fair housing
				  laws.
(d) Applications may be
				  accepted from an applicant for more than one project sponsored or assisted by
				  the corporation, provided that upon execution of a binding contract for any
				  affordable dwelling unit, the applicant must withdraw all other
				  applications.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 3 - MARKETING AND SALE OF AFFORDABLE DWELLING UNITS › Section 15-308-42 - Announcement, publication

Current through June, 2024
For a period of thirty calendar days, the developer shall
					 publish or cause to be published in the classified section of at least one
					 newspaper published daily in the State and having a general circulation in the
					 county in which the project is located, at least twice a week, or once a week
					 if paired with another form of public notice such as a designated project
					 website or informational meeting, an announcement containing at minimum a
					 summary of the following information:
(1) The location of the project;
(2) A fair and reasonable estimate of:
(A) The total number of affordable units to
				  be included in the project;
(B) The
				  price range of the affordable units;
(C) The approximate size of the affordable
				  units; and
(D) A designation
				  whether the affordable units are being sold in fee simple or
				  leasehold;
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 3 - MARKETING AND SALE OF AFFORDABLE DWELLING UNITS › Section 15-308-43 - Application intake list, requirements

Current through June, 2024
(a) During the
				  initial offering period of thirty calendar days, the developer's designated
				  broker shall compile an application intake list consisting of the names,
				  addresses, and phone numbers of all individuals stating a desire to purchase an
				  affordable unit contained in the announced project.
(b) The application intake list shall be
				  compiled in the order in which applicants have submitted to the agent an
				  acknowledgement that the applicant meets the definition of "first-time
				  homebuyer" or "qualified resident" and intends to become a purchaser of an
				  affordable unit.
(c) Any individual
				  who makes any false statement in the acknowledgement is subject to criminal
				  charges and civil action under the laws of this State. Any individual found to
				  have willfully submitted false information, made misstatements, or withheld
				  important information shall be deemed to be ineligible for the project and
				  disqualified from future corporation-assisted projects, provided that the
				  corporation shall not waive its right to pursue any other recourse provided by
				  law.
(d) The developer shall submit
				  the application intake list and the applicants' acknowledgement to the
				  corporation within ten days of the expiration of the initial thirty day
				  offering period. The corporation will provide the developer with an eligible
				  purchaser list, which shall list the applicants approved as "first-time
				  homebuyers" or "qualified residents." The developer shall offer affordable
				  units to the individuals on the eligible purchaser list as described in section
				  15-308-44.
(e) Thirty days before the close of project
				  sales, the developer shall submit to the corporation a summary of which
				  individuals on the eligible purchaser list purchased an affordable unit, which
				  did not purchase an affordable unit, and the applicant's reason for not
				  purchasing a unit. From time to time, the corporation may request an updated
				  summary from the developer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 3 - MARKETING AND SALE OF AFFORDABLE DWELLING UNITS › Section 15-308-44 - Sale of residential units

Current through June, 2024
(a) The developer
				  shall first offer affordable units to "first-time homebuyers" on the eligible
				  purchaser list by one of the following means:
(1) In the order in which their names appear
				  on the list;
(2) By the drawing of
				  lots; or
(3) By any other
				  reasonable and fair method as determined by the developer and approved by the
				  corporation; and then to the remaining "qualified residents" on the eligible
				  purchaser list by the same means.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 4 - RENTAL OF CORPORATION-OWNED DWELLING UNITS › Section 15-308-61 - Eligibility

Current through June, 2024
(a) An applicant is eligible to rent a
				  dwelling unit owned by the corporation if the applicant meets all of the
				  following requirements:
(1) Is a qualified
				  resident who is domiciled in the State and meets other qualifications set forth
				  in section 201H-32, HRS;
(2) Does not have a household income of more
				  than one hundred forty per cent of the area median income as determined by HUD
				  from time to time and as adjusted by family size;
(3) Whose household assets do not exceed one
				  hundred thirty-five per cent of the maximum qualifying household income in (2)
				  above. Qualified retirement accounts shall not count toward the asset
				  limit;
(4) Does not have an
				  outstanding debt owed to the corporation; and
(5) 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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 4 - RENTAL OF CORPORATION-OWNED DWELLING UNITS › Section 15-308-62 - Occupancy guidelines for rental units

Current through June, 2024
(a) The following
				  occupancy guidelines may be used for rental units when the number of applicants
				  exceeds the number and types of units available:
Dwelling Unit Size
Preferred Household Size
0 Bedroom
1 person
1 Bedroom
2 persons
2 Bedroom
3 persons
3 Bedroom
4 persons
4 Bedroom
5 persons
(b)
				  The maximum household size is based on prevailing county housing, zoning,
				  building, health and fire codes, or in the absence thereof, the housing code of
				  the city and county of Honolulu.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 4 - RENTAL OF CORPORATION-OWNED DWELLING UNITS › Section 15-308-63 - Preference for the rental of dwelling units

Current through June, 2024
Unless otherwise provided in this chapter, preference for
					 admission to the rental program under this section shall be given to qualified
					 applicants who:
(1) Are "displaced" by
				  governmental action as defined by section
				  111-2, HRS;
(2) Qualify as "elders" for projects which
				  are specifically designed for elders;
(3) Qualify as persons with
				  disabilities;
(4) Are persons or
				  families who are transitioning from homeless shelters, provided that
				  certification by appropriate service providers or shelter operators shall be
				  required; or
(5) Have an urgent
				  need for housing as determined by the administrator.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 4 - RENTAL OF CORPORATION-OWNED DWELLING UNITS › Section 15-308-64 - Information and verification

Current through June, 2024
(a) The corporation
				  may require applicants and program participants to provide information relating
				  to their household's income, composition, financial condition, and status
				  changes, prior to admission to the program and at any other time as determined
				  by the corporation.
(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) Verification of
				  deposit;
(2) Verification of
				  employment; and
(3) Credit bureau
				  report or references.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 4 - RENTAL OF CORPORATION-OWNED DWELLING UNITS › Section 15-308-65 - Rent determination

Current through June, 2024
The monthly rent shall not exceed the affordable rent
					 guidelines for households at one hundred forty per cent of area median income
					 as calculated by the corporation based on the area median income established by
					 HUD and adjusted from time to time.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 4 - RENTAL OF CORPORATION-OWNED DWELLING UNITS › Section 15-308-66 - Rental agreement

Current through June, 2024
(a) A 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, monthly rent amount, conditions of occupancy, and
				  obligations of the parties.
(b) The
				  revocable permit shall be executed by the responsible members of the tenant
				  household 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.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 4 - RENTAL OF CORPORATION-OWNED DWELLING UNITS › Section 15-308-67 - Program administration

Current through June, 2024
Except as otherwise provided by law or rule, the rental
					 program for dwelling units developed 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 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 5 - REPURCHASE OF DWELLING UNITS SUBJECT TO RESTRICTIONS › Section 15-308-81 - Purpose

Current through June, 2024
This subchapter governs the general procedures for the
					 repurchase by the corporation or a qualified nonprofit housing trust of a
					 dwelling unit subject to the restrictions set forth in section
					 201H-47(a)(1),
					 HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 5 - REPURCHASE OF DWELLING UNITS SUBJECT TO RESTRICTIONS › Section 15-308-82 - Applicability

Current through June, 2024
This subchapter applies to all dwelling units for which the
					 restrictions set forth in sections
					 201H-47, including the shared
					 appreciation equity program restrictions,
					 201H-49, and
					 201H-51, HRS, remain in
					 effect.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 5 - REPURCHASE OF DWELLING UNITS SUBJECT TO RESTRICTIONS › Section 15-308-83 - Providing consent to additional financing

Current through June, 2024
(a) Within the
				  statutorily required time period from the date of purchase, the corporation
				  shall consent to additional financing or refinancing of the original mortgage
				  and subordinate the restriction provided in section
				  201H-47, HRS, as follows:
(1) When the total loan amount does not
				  exceed the corporation's purchase price of the property as determined by the
				  provisions of section
				  15-308-85(a);
(2) When the total loan amount exceeds the
				  corporation's purchase price of the property and the loan is used for:
(A) Capital improvements;
(B) Payment of subsidy, deferred land value
				  or deferred sales price;
(C)
				  Payment of the corporation's share of appreciation under the Shared
				  Appreciation Equity Program; or
(D)
				  Purchase of leased fee interest for the leasehold property
				  owned.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 5 - REPURCHASE OF DWELLING UNITS SUBJECT TO RESTRICTIONS › Section 15-308-84 - Repurchase when owner seeks to transfer title

Current through June, 2024
(a) If an owner
				  seeks to transfer the title to a dwelling unit to which this subchapter
				  applies, the corporation shall have the first option to purchase the dwelling
				  unit. If the corporation waives its repurchase option, a qualified nonprofit
				  housing trust shall have the option to repurchase the unit.
(b) The repurchase price shall be determined
				  by the corporation pursuant to the guidelines set forth in section
				  15-308-105.
(c) The corporation or qualified nonprofit
				  housing trust may repurchase the dwelling unit either by:
(1) Conveyance free and clear of all liens
				  and mortgages; or
(2) Conveyance
				  subject to existing mortgages and liens.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 308 - STATE ASSISTED SALES AND LEASE PROGRAM › Subchapter 5 - REPURCHASE OF DWELLING UNITS SUBJECT TO RESTRICTIONS › Section 15-308-85 - Determination of repurchase price for purchases subject to restrictions

Current through June, 2024
(a) If the corporation repurchases a dwelling
				  unit pursuant to section
				  201H-47(a)(1),
				  HRS, the repurchase price shall be determined as follows:
(1) The price at which the dwelling unit was
				  originally purchased plus interest credit subsidies, if any, to be recaptured
				  for federally subsidized mortgages; provided that when land only is purchased
				  and the purchaser provides his or her labor to construct the dwelling unit, the
				  fair market value of the dwelling provided by appraisal for the purposes of
				  qualifying for the first mortgage or by appraisal obtained by the corporation
				  plus the original purchase price of the land shall be used to determine the
				  original purchase price;
(2) The
				  cost of improvements to the dwelling unit added by the owner after the original
				  purchase, provided that the owner shall furnish financial documentation
				  indicating the actual cost of improvements in a form deemed acceptable by the
				  corporation in its sole discretion; and
(3) Simple interest at the rate of one per
				  cent per year on the purchaser's original cost and capital
				  improvements.