reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 312 - HULA MAE MULTI-FAMILY RENTAL HOUSING PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 15-312-52 - 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 these rules 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 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-313-1 - Purpose and preamble

Current through June, 2024
These rules implement federal and state low income housing
					 tax credit programs which permit eligible taxpayers the opportunity to claim
					 tax credits on their federal and state tax returns for qualified expenditures
					 on construction, acquisition, or rehabilitation of affordable rental units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-313-3 - Powers of the executive director

Current through June, 2024
(a) The executive
				  director may impose requirements, limitations, and conditions with respect to
				  the submission of applications and the selection thereof which are deemed
				  necessary or appropriate.
(b) The
				  executive director may cause market studies and other research and analyses to
				  be performed in order to determine the manner and conditions under which
				  available credits are to be allocated, and such other matters as shall be
				  deemed appropriate and related to the reservation and the allocation of
				  credits.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-5 - Designation of corporation as housing credit agency

Current through June, 2024
The corporation has been designated as the housing credit
					 agency as defined in the Code and, in such capacity, shall allocate for each
					 calendar year federal low income housing tax credits in accordance with the
					 Code and this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-6 - Determination of State's federal tax credit ceiling

Current through June, 2024
The State's federal housing tax credit ceiling for any
					 calendar year shall be an amount as may be authorized by the Code as amended
					 from time to time.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-7 - General

Current through June, 2024
(a) The aggregate amount of the federal tax
				  credits (other than credits for developments financed with certain tax-exempt
				  bonds) reserved or allocated for the calendar year within the State may not
				  exceed the State's federal tax credit ceiling for that year.
(b) An amount equal to ten per cent of the
				  State's federal tax credit ceiling shall be set aside for qualified nonprofit
				  organizations. Upon the reservation or allocation of all credits initially set
				  aside for nonprofit organizations, additional reservations or allocations of
				  credits may be made to nonprofit organizations from the State's remaining
				  federal tax credit ceiling.
(c)
				  Federal tax credit allocations shall be counted against the State's annual
				  federal tax credit ceiling for the calendar year in which the credits are
				  reserved or allocated.
(d) Credits
				  may not be allocated before the calendar year in which the subject project is
				  placed in service; however, the corporation may accept, review and approve
				  applications for reservation of credits as provided in sections 15-313-8 to
				  15-313-10 subject to the satisfaction of certain terms and
				  conditions.
(e) The amount of
				  credits reserved or allocated to a project shall be limited to the amount that
				  the corporation, in its sole discretion, deems necessary for the financial
				  feasibility of the project and its viability as a qualified low-income housing
				  project throughout the credit period as described in the Code. Such a
				  determination shall not be construed to be a representation or warranty as to
				  the feasibility or viability of the project.
(f) The corporation shall prepare and update
				  not less than every three years, a state housing needs assessment to identify
				  the housing needs existent at that time.
(g) The corporation shall develop and update
				  not less than every three years, a qualified allocation plan for distributing
				  tax credits. The qualified allocation plan and its method of development shall
				  comply with requirements of the Code.
(h) The corporation shall enter into an
				  extended low income housing commitment with the project owner as required by
				  the Code.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-9 - Review of application

Current through June, 2024
The corporation shall review each application and any
					 additional information submitted by the applicant or obtained from other
					 sources by the corporation in its review of each application. Additional
					 information or data may be requested and the corporation may independently
					 verify any or all information supplied by the applicant.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-11 - Withdrawals and cancellations

Current through June, 2024
(a) An applicant
				  may withdraw an application for federal credit reservations prior to receiving
				  a reservation from the corporation, or may cancel a reservation or an
				  allocation after award, by submitting a written notification to the corporation
				  of the withdrawal or cancellation.
(b) After a federal credit reservation has
				  been made, an applicant desiring to increase the amount of credits because of
				  an increase in the qualified basis must reapply to the corporation in
				  accordance with section 15-313-8 and such application will be considered on the
				  same basis as other applicants for any available credits.
(c) In the event of a cancellation of a
				  federal credit reservation or an allocation by the applicant, or the withdrawal
				  of federal credit reservations by the executive director, available federal tax
				  credits may be reallocated to other qualified applicants in accordance with the
				  provisions of these rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-12 - Issuance of form 8609

Current through June, 2024
(a) When the low
				  income housing units in a project are placed in service, the applicant shall so
				  advise the corporation, and shall request in writing on such forms as the
				  executive director shall prescribe the issuance of any form 8609 for which
				  federal credit reservations have been made pursuant to these rules, and shall
				  submit such revised eligibility determinations, calculations, certifications,
				  legal and accounting opinions and any other documentation (including evidence
				  that the low income housing units will be occupied within the time period
				  required by the Code) as the executive director may require in order to
				  determine whether or not the applicant is entitled to the credits under the
				  Code and these rules. The corporation shall conduct a final evaluation of the
				  project prior to the issuance of the form 8609 to determine the project's
				  eligibility under the Code. In addition, such final evaluation shall ascertain
				  the amount of tax credits required for the financial feasibility and viability
				  during the credit period of the project.
(b) If the executive director determines that
				  the applicant is entitled to the amount of federal tax credits reserved, the
				  executive director shall allocate the credits accordingly and a form 8609 shall
				  be issued to the applicant in accordance with the requirements of the
				  Code.
(c) If the executive director
				  determines that the applicant is not entitled to all or any portion of the
				  credits, the executive director shall allocate credits in an amount which does
				  not exceed the amount of credits for which the applicant is entitled and the
				  applicant shall be so notified. Federal tax credits reserved, or any portion
				  thereof, but not allocated may be reallocated to other qualified applicants in
				  accordance with the provisions of these rules.
(d) A form 8609 issued by the corporation
				  will be effective only with respect to a qualified project placed in service
				  during the calendar year for which the tax credit is allocated or in the
				  following year in the event of a carry forward allocation, and only to the
				  extent that the Internal Revenue Service gives effect to the form 8609.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-13 - Fees

Current through June, 2024
(a) A non-refundable application fee of
				  $5,000 shall accompany each application for a reservation of federal tax
				  credits.
Applications for modification of a reservation of federal
					 tax credits shall include a non-refundable fee of $5,000.
(b) The corporation shall levy an annual fee
				  for its administrative expenses in monitoring project compliance with the Code
				  and any other such services. The compliance monitoring fee shall be $25.00 per
				  unit per year for all project units excluding managers units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 2 - FEDERAL LOW INCOME HOUSING TAX CREDITS › Section 15-313-14 - Compliance with federal requirements

Current through June, 2024
(a) Applicants who
				  are awarded tax credits must comply with reporting and other requirements of
				  the Code and the United States Treasury Department.
(b) The corporation shall monitor projects
				  which have been allocated tax credits to ensure compliance with all applicable
				  federal requirements for the term of the extended use period.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 3 - STATE LOW INCOME HOUSING TAX CREDITS › Section 15-313-18 - Designation of corporation

Current through June, 2024
The corporation has been designated to administer the state
					 low income housing tax credit and shall allocate for each calendar year credits
					 in accordance with this subchapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 3 - STATE LOW INCOME HOUSING TAX CREDITS › Section 15-313-19 - Determination of State's aggregate housing credit dollar amount

Current through June, 2024
The State's annual aggregate housing credit dollar amount
					 shall be equal to the State's housing credit ceiling for such
					 year.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 3 - STATE LOW INCOME HOUSING TAX CREDITS › Section 15-313-20 - General

Current through June, 2024
(a) The state low income housing tax credit
				  awarded on or before December 31, 2016 shall be fifty percent of the applicable
				  percentage of the qualified basis of each project located in the State.
				  Applicable percentages shall be calculated as provided in section 42(b) of the
				  Code. The state low income housing tax credit awarded after December 31, 2016
				  shall be fifty percent of the federal credit reservation, and may be claimed
				  over a five-year period.
(b) The
				  aggregate amount of the state tax credits allocated within any calendar year
				  within the State may not exceed the State's aggregate housing credit dollar
				  amount for that year.
(c) An amount
				  equal to ten per cent of the state aggregate housing credit dollar amount shall
				  be set aside for qualified non-profit organizations. Additional credits may be
				  reserved or allocated to qualified non-profit organizations from the State's
				  remaining allocation but only after such set-aside amount has been
				  exhausted.
(d) State tax credit
				  reservations and allocations are counted against the state aggregate housing
				  credit dollar amount for the calendar year in which the credits are
				  allocated.
(e) Credits may not be
				  allocated before the calendar year in which the subject project is placed in
				  service; however, the corporation will accept, review and approve applications
				  for reservations of state tax credits according to the rules set forth in this
				  subchapter.
(f) The corporation need
				  not allocate the maximum credit amount for which an applicant otherwise
				  qualifies under Chapter
				  235, HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 3 - STATE LOW INCOME HOUSING TAX CREDITS › Section 15-313-21 - Application, reservation and allocation of credit

Current through June, 2024
(a) The
				  rules set forth in subchapter
				  2 of these rules shall apply to the
				  application, selection of applications for state credit reservations, and
				  allocation of credits available under this subchapter except:
(1) Applicants applying for both the state
				  and federal credit need only submit a single application fee.
(2) An applicant must receive a reservation
				  of federal tax credits to be eligible to receive a state tax credit
				  reservation; and
(3) In order to
				  qualify for consideration to receive a reservation of state tax credits under
				  this subchapter, the executive director must first determine that an applicant
				  is likely to qualify to claim the federal income tax low income housing tax
				  credit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 313 - LOW INCOME HOUSING TAX CREDIT PROGRAM › Subchapter 3 - STATE LOW INCOME HOUSING TAX CREDITS › Section 15-313-22 - Compliance with state requirements

Current through June, 2024
Applicants who are awarded tax credits must comply with
					 reporting and other requirements of the state department of
					 taxation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-315-1 - Purpose

Current through June, 2024
The mortgage credit certificate program is a federal
					 program which the corporation is authorized and designated to carry out
					 pursuant to §
										201H-16,
					 Hawaii Revised Statutes.
These rules are adopted pursuant to chapter
					 91, HRS, to enable the corporation to
					 establish one or more mortgage credit certificate program in accordance with
					 the requirements of the Internal Revenue Code of the Internal Revenue Service,
					 including sections 2 5 and 103A thereof, and the corresponding regulations
					 promulgated thereunder.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-315-3 - Delegation

Current through June, 2024
The board delegates to the executive director or the
					 executive director's designee 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 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 2 - CONFORMANCE WITH FEDERAL MCC REQUIREMENTS › Section 15-315-10 - Conformance with federal MCC program requirements

Current through June, 2024
All applicable requirements of the federal MCC program,
					 including all IRC laws, regulations and interpretations and amendments thereto
					 which may be promulgated hereafter, will be operative with respect to the
					 program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 2 - CONFORMANCE WITH FEDERAL MCC REQUIREMENTS › Section 15-315-11 - Program requirements

Current through June, 2024
The corporation shall follow the procedures for
					 implementing the program in accordance with the requirements of the federal MCC
					 program. The corporation may establish its own eligibility and other
					 requirements for participation in the program by applicants for MCCs, lenders
					 and developers to the fullest extent allowed by the federal MCC
					 program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 2 - CONFORMANCE WITH FEDERAL MCC REQUIREMENTS › Section 15-315-12 - Waivers and variances

Current through June, 2024
The board by resolution may waive or vary provisions of
					 these rules provided that such waivers or variance are not inconsistent with
					 the federal MCC program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 2 - CONFORMANCE WITH FEDERAL MCC REQUIREMENTS › Section 15-315-13 - Interpretation

Current through June, 2024
These rules shall be construed in a manner which is
					 consistent with the laws, regulations, and interpretations pertaining to the
					 federal MCC program. If there is any conflict or inconsistency between these
					 rules and the laws, regulations, and interpretations pertaining to the federal
					 MCC program, the provisions, regulations, and interpretations of the federal
					 MCC program will control.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-20 - General description of the program

Current through June, 2024
(a) Under the
				  federal MCC program, an eligible borrower is entitled to a credit against the
				  eligible borrower's federal income tax as a percentage of the interest paid on
				  a mortgage loan which the eligible borrower has obtained to finance the
				  acquisition, qualified rehabilitation, or qualified home improvement of the
				  eligible borrower's principal residence. The corporation shall determine the
				  maximum amount of credit which shall be available to an eligible borrower in
				  accordance with the requirements of the federal MCC program.
(b) The corporation is merely a conduit for
				  granting the MCC. All underwriting and execution of required corporation and
				  Federal certifications or affidavits will be performed under the mortgage
				  lender participation agreement by the mortgage lenders participating in the
				  program. The corporation will receive executed certifications and affidavits
				  from participating mortgage lenders in order to determine the qualifications
				  and eligibility of borrowers. Participating mortgage lenders may process
				  financing, using normal procedures, with additional procedures at relevant
				  points to satisfy MCC requirements.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-21 - Election not to issued qualified mortgage bonds

Current through June, 2024
To establish a program, the corporation shall take action
					 to elect not to issue an amount of qualified mortgage revenue bonds that the
					 corporation might otherwise issue under section 103A of the IRC and the
					 regulations thereunder during each calendar year and in lieu thereof to issue
					 MCCs to eligible borrowers in accordance with the requirements of the federal
					 MCC program. The corporation shall follow the requirements of the federal MCC
					 program in making such election.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-22 - State certification

Current through June, 2024
The governor of the State or the governor's designee or the
					 director of finance of the State shall make the State certification in
					 accordance with the requirements of the federal MCC program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-23 - List of participating mortgage lenders

Current through June, 2024
The corporation may maintain a list of mortgage lenders
					 that are participating in the program subject to the requirements of the
					 federal MCC program. To remain a participating mortgage lender, the mortgage
					 lender must submit at least three (3) MCC application requests to the
					 corporation which result in the corporation's issuance of MCCs during each
					 calendar year. Failure to meet this requirement may
(1) Result in the termination of the mortgage
				  lender participation agreement and the mortgage lender being removed from the
				  list of participating mortgage lenders; and
(2) Make the mortgage lender ineligible to
				  request to participate in the MCC program for a period of one year.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-24 - Charges

Current through June, 2024
(a) Subject to the requirements of the
				  federal MCC program, the corporation hereby establishes the following schedule
				  of fees.
(b) Fees to be paid by the
				  eligible borrower are as follows:
(1) Upon
				  final approval of their MCC package, the eligible borrower shall pay a fee of
				  up to $300 to the corporation and a fee of up to $100 to the participating
				  mortgage lender.
(2) Upon final
				  approval of a request for reissuance of an MCC, the eligible borrower shall pay
				  a fee of up to $200 to the corporation and a fee of up to $100 to the
				  participating mortgage lender.
(3)
				  Upon making a request for a replacement MCC, the eligible borrower shall pay a
				  fee of $25 to the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-25 - Revocation of an election

Current through June, 2024
The corporation may revoke, in whole or in part, the
					 authority to issue MCCs under the program in accordance with the requirements
					 of the federal MCC program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-26 - Income limits

Current through June, 2024
(a) The annual
				  gross household income limits applicable to the MCC program for the counties of
				  Honolulu, Maui, Kauai and Hawaii, are based on family size. Income limits for
				  families of two or less and for families of three or more, shall be determined
				  using annual revenue procedures issued by the IRS pursuant to 26 U.S.C.
				  §143 (f) as it applies to the annual income limits published by the U.S.
				  Department of Housing and Urban Development, and shall be rendered obsolete by
				  the issuance of a new IRS revenue procedure.
(b) The corporation shall adjust MCC program
				  income limits upon the issuance of new IRS revenue procedures. Because the IRS
				  revenue procedures and annual income limits published by the U.S. Department of
				  Housing and Urban Development are mandatory and the corporation has no
				  discretion to amend or change the revenue procedures nor the annual income
				  limits, new MCC program income limits shall be established without a public
				  hearing pursuant to section
				  91-3,
				  HRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 3 - THE PROGRAM › Section 15-315-27 - Acquisition cost limits

Current through June, 2024
(a) The acquisition
				  cost limits applicable to the MCC program for the counties of Honolulu, Maui,
				  Kauai and Hawaii, shall be determined using revenue procedures issued by the
				  IRS pursuant to
				  26
				  U.S.C. 143(e) and shall
				  remain in effect until rendered obsolete by the issuance of a new IRS revenue
				  procedure.
(b) The corporation
				  shall adjust MCC program acquisition cost limits upon the issuance of new IRS
				  revenue procedures. Because the IRS revenue procedures are mandatory and the
				  corporation has no discretion to amend or change the revenue procedures, new
				  MCC program acquisition cost limits shall be established without a public
				  hearing pursuant to section
				  91-3,
				  HRS.
(c) The above limits apply
				  only to fee simple fully completed units. Leasehold residences and uncompleted
				  units are subject to certain adjustments in determining their "acquisition
				  cost" as defined by the IRS.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 4 - MISCELLANEOUS › Section 15-315-40 - Procedural guide

Current through June, 2024
The operation and implementation of each program shall be
					 conducted in accordance with these rules and the requirements of the federal
					 MCC program. The corporation may prepare a procedural guide which the
					 corporation may amend or supplement from time to time in the corporation's sole
					 discretion. A copy of all forms and guides, if any, shall at all times be kept
					 at the principal office of the corporation in its most current form and shall
					 be available for inspection during the corporation's normal business
					 hours.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 315 - MORTGAGE CREDIT CERTIFICATE PROGRAM › Subchapter 4 - MISCELLANEOUS › Section 15-315-41 - Falsification of application

Current through June, 2024
All information which an applicant for an MCC is required
					 to furnish shall be signed and verified by such applicant in accordance with
					 the requirements of the federal MCC program. Falsification of any information
					 contained in any application shall be subject to the criminal sanctions of the
					 Hawaii Penal Code, part V, section
					 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 319 - WATER SERVICE TO CONSUMERS › Subchapter 1 - GENERAL PROVISIONS › Section 15-319-1 - Purpose

Current through June, 2024
This chapter is intended to establish uniform practices
					 governing water services and to define the obligations of the corporation to
					 consumers and of consumers to the corporation. The purpose of this chapter is
					 to set forth the regulations governing the operation and service to customers
					 of the corporation in compliance with the requirements of chapter
					 11-20 and applicable federal
					 regulations pertaining to the health and safety of public water
					 systems.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 1 - GENERAL PROVISIONS › Section 15-319-3 - General provisions

Current through June, 2024
(a) The corporation
				  shall provide service only in its area of service, and shall not provide any
				  service outside of such area. Any prospective consumer whose premises are
				  within the corporation's area of service and are adjacent to a main, where
				  pressure conditions permit, may obtain water service; provided that the
				  corporation has sufficient water supply to take on new or additional service
				  without detriment to those already being served. The consumer shall be
				  responsible for water use within its premises when required by the
				  corporation.
(b) The amounts to be
				  paid for water and water service shall be in accordance with this chapter and
				  the rates established herein.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 1 - GENERAL PROVISIONS › Section 15-319-4 - Conditions precedent

Current through June, 2024
Notwithstanding any provisions to the contrary, the
					 corporation shall be under no obligation to commence water service unless and
					 until:
(1) All facilities of whatever
				  nature, as are required to permit the contemplated water service, have been
				  installed and are in operating condition;
(2) The applicant or consumer has paid in
				  full all applicable water system facilities charges, costs of service
				  connection, and all other expenses and costs to be paid for the facilities
				  necessary, in the corporation's sole judgment, to permit adequate water
				  service; and
(3) The corporation
				  has, in its sole discretion, determined that such service will constitute water
				  service as permitted under this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-10 - Application form

Current through June, 2024
(a) Each existing and prospective consumer
				  shall sign a standard application form developed by the corporation for the
				  water service desired, assuming responsibility for the payment of future
				  charges for water service at the designated location, before water is turned on
				  for any use whatsoever. The person or entity signing the application form shall
				  be deemed the consumer and shall be liable for the payment of all charges for
				  water and water service at the designated location.
(b) The application form shall be completed
				  in full by the applicant and shall include the following information and
				  authorization:
(1) Name of applicant
				  (existing or prospective consumer);
(2) Street address (including, without
				  limitation, unit or apartment numbers, if any) of premises to be
				  served;
(3) Tax map key numbers of
				  the premises to be served;
(4)
				  Billing address, if different from the street address of the premises to be
				  served;
(5) Date applicant requests
				  water service to commence, which shall be no earlier than the date on which the
				  applicant will be ready for service;
(6) Statement as to whether the premises have
				  been heretofore supplied;
(7)
				  Purpose for which service is to be used, whether residential, agricultural, or
				  both;
(8) Statement as to whether
				  applicant is fee owner or lessee of premises;
(9) Mailing address of applicant's residence
				  at the time the application is submitted;
(10) Applicant's business address, if
				  applicable;
(11) Applicant's
				  references and credit history, if requested;
(12) Applicant's contact number;
(13) Applicant's email address;
(14) Such other information as the
				  corporation may reasonably require, including, without limitation, plans and
				  specifications for any supply lines proposed by the consumer.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-11 - Water for agricultural use

Current through June, 2024
To be eligible for agricultural or mixed residential and
					 agricultural rates, consumers shall:
(1) Provide documentation that their premises
				  are engaged in agricultural use to the corporation upon the corporation's
				  request; and
(2) Comply with the
				  requirements set forth in section 15-319-24.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-12 - Compliance by all persons on the premises

Current through June, 2024
All consumers, whether or not they have signed an
					 application for service, shall comply with, and shall be responsible for the
					 compliance of others on the premises with this chapter and the corporation's
					 rate schedule.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-13 - Request for service

Current through June, 2024
The application is merely a request for service and shall
					 not bind the corporation to provide service except as provided under this
					 chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-14 - Services limited to owners or lessees

Current through June, 2024
The corporation may provide water service only to property
					 owners, those having leases, those holding revocable rights of entry from the
					 corporation, or those former permittees of the department of land and natural
					 resources residing on parcels transferred to the corporation pursuant to Act
					 330, Session Laws of Hawaii 1993.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-15 - Terms of service

Current through June, 2024
Water service charges will begin when the water service is
					 established and will continue until due notification from the consumer in
					 accordance with section 15-319-45 of this chapter or until discontinued by the
					 corporation for failure of the consumer to comply with this chapter. Nothing
					 herein, however, shall prevent the collection by the corporation, in its sole
					 discretion, of all applicable water system facilities charges, cost of service
					 connection, or other installation charge prior to the commencement of water
					 service.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-16 - Refusal to serve

Current through June, 2024
When an application for water service is made by a consumer
					 who was responsible for and failed to pay all bills previously rendered by the
					 corporation, regardless of location or time incurred, the corporation may
					 refuse to furnish water service to such applicant until the outstanding bills
					 are paid.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-17 - Discontinuation of service for lack of application

Current through June, 2024
A person taking possession of property and using water
					 without having made application to the corporation for water service to such
					 property shall be held liable for the water delivered from the date of the last
					 recorded meter reading. If proper application for water service is not made
					 upon notification to do so by the corporation and if accumulated bills for
					 water service are not paid upon presentation, the water service shall be
					 subject to discontinuance without further notice.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-18 - Establishment of credit

Current through June, 2024
Each applicant for service shall establish credit in one of
					 the following ways before service will be rendered:
(1) Establish a record of prompt payment for
				  service for twelve consecutive months without having been disconnected for
				  nonpayment during such period. Optionally, the current occupant of the premises
				  must have established a record of prompt payment for service for twelve
				  consecutive months;
(2) Have a
				  substantial equity in the premises to be served, or in other real estate
				  located within the corporation's area of service of substantial value in
				  relation to charges for service to be rendered;
(3) Furnish a guarantee satisfactory to the
				  corporation to secure payment of bills for the service requested;
(4) Make a cash deposit to secure payment of
				  bills for service to be furnished by the corporation, as provided in section
				  15-319-20; or
(5) Furnish credit
				  information and references satisfactory to the corporation, such as bank
				  statements and credit rating reports or other information as may be determined
				  by the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-19 - Reestablishment of credit

Current through June, 2024
(a) An applicant
				  who previously has been a consumer of the corporation and whose service has
				  been discontinued for nonpayment of bills may be required (depending on the
				  level of outstanding payments, if any, and on such applicant's creditworthiness
				  as determined by the corporation), before service is rendered, to pay all
				  amounts owing to the corporation and to establish credit as provided in section
				  15-319-18.
(b) A consumer may be
				  required to reestablish credit in the manner prescribed in section 15-319-18,
				  in case the basis on which credit was originally established has materially
				  changed.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-20 - Deposit

Current through June, 2024
A deposit at least equal to the corporation's estimate of
					 the cost of the service connection may be required of the applicant before the
					 connection is installed. If the actual cost of the connection is in excess of
					 the deposit, the applicant will be billed and shall pay for the difference.
					 Installation cost shall be based on the actual cost of installation as
					 established by the corporation.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-21 - Installation

Current through June, 2024
When the application for a service connection has been
					 approved, such connection shall be installed by the corporation at the
					 consumer's sole expense, and thereafter will be maintained by the corporation
					 at its expense, except as provided otherwise herein. There shall be one meter
					 for each service connection, unless the corporation, because of operating
					 necessity, installs two or more meters in parallel. All service connections
					 shall not be altered and shall only be accessed by one of the corporation's
					 authorized employees or agents.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-22 - Consumer's supply pipe

Current through June, 2024
The consumer shall install and connect, at the consumer's
					 sole expense, a supply pipe to the shut-off valve or stub out installed by the
					 corporation as part of the service connection. The consumer's supply pipe shall
					 at all times remain the sole property of the consumer, who shall be responsible
					 for its maintenance and repair. If the consumer's supply pipe is installed
					 before the service connection is set, the corporation will not be responsible
					 for connecting the consumer's supply pipe to the service
					 connection.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 319 - WATER SERVICE TO CONSUMERS › Subchapter 2 - APPLICATION FOR WATER SERVICE › Section 15-319-23 - Service connection or disconnection

Current through June, 2024
(a) Only employees
				  or agents of the corporation will be allowed to connect or disconnect the
				  service connection to and from the corporation's main.
(b) No service connection or main will be
				  installed by the corporation in any private road, lane, street, alley, court or
				  place, unless the corporation is given proper easements or other rights
				  satisfactory to the corporation for the main or service connection.
(c) All meters shall be installed in
				  locations approved by the corporation. All service connections are for the use
				  of the corporation only.
(d) When
				  the proper size of service connection for any premises has been determined and
				  the installation has been made, the corporation has fulfilled its obligations
				  insofar as the size and location of the service connection are concerned. If
				  thereafter the consumer desires and the corporation approves a change in the
				  size or location of the service connection, the consumer shall bear all costs
				  of the change.
(e) A readily
				  accessible shut-off valve controlling all outlets at the consumer's premises
				  shall be installed by and at the expense of the consumer on the consumer's
				  supply pipe, unless the corporation approves otherwise in writing.
(f) All work and materials in connection with
				  a change in location or elevation or alteration of any kind to any part of the
				  existing water system made necessary by a new service connection shall be done
				  and furnished by the corporation at the expense of the consumer. A consumer,
				  prior to making any material change in the size, character, or extent of the
				  equipment or operations for which the corporation's service is utilized, shall
				  give the corporation written notice of the extent and nature of the change
				  together with the plans and specifications, not less than sixty days before the
				  change is to be undertaken. The change shall be subject to the corporation's
				  written approval, which approval may be contingent upon the consumer's
				  prepayment of the cost of any alteration to the corporation's water system. The
				  corporation's failure to approve or disapprove the change within sixty days
				  after receipt of written notice thereof shall be construed as
				  approval.
(g) When required by the
				  corporation, contours or elevations shall be furnished by the consumer, based
				  upon data provided by the United States Coast and Geodetic Survey or the
				  applicable county.
(h) The
				  corporation will determine the location and size of all meters and service
				  connections to the corporation's water system.