reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-218-1 - Purpose and intent

Current through June, 2024
Consistent with the intent of section
					 206E-33,
					 Hawaii Revised Statutes, the purpose of this chapter is to establish an
					 increased supply of housing for low-or moderate income households within the
					 Kakaako community development district. Such housing targeted to low-or
					 moderate-income households, is henceforth termed "reserved housing" and
					 "workforce housing" in the subsequent subchapters. Reserved housing shall be
					 required as a condition of multifamily residential development or redevelopment
					 within the Kakaako community development district. Workforce housing shall be
					 voluntary as part of workforce housing program described in this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-218-3 - Severability

Current through June, 2024
If a court of competent jurisdiction finds any provision or
					 provisions of this chapter to be invalid or ineffective in whole or in part,
					 the effect of that decision shall be limited to those provisions which are
					 expressly stated in the decision to be invalid or ineffective, and all other
					 provisions of this chapter shall continue to be separately and fully effective.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-218-4 - Interpretation by the executive director

Current through June, 2024
(a) In
				  administering this chapter, the executive director, when deemed necessary, may
				  render written interpretations to clarify or elaborate upon the meaning of
				  specific provisions of this chapter for intent, clarity, and applicability to a
				  particular situation.
(b) A written
				  interpretation shall be signed by the executive director and include the
				  following:
(1) Identification of the section
				  of this chapter in question;
(2) A
				  statement of the problem;
(3) A
				  statement of interpretation; and
(4) A justification statement.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 2 - RESERVED HOUSING AND WORKFORCE HOUSING REQUIREMENTS › Section 15-218-17 - Requirement for reserved housing units

Current through June, 2024
(a) Every developer
				  applying for a development permit for approval to construct multi-family
				  dwelling units on a lot greater than 20,000 gross square feet shall provide at
				  least twenty percent of the total number of residential units in the
				  development as reserved housing units. Reserved housing units may be provided
				  as for-sale units or rental units.
(b) Reserved housing units shall be sold or
				  rented to persons qualifying under the terms and conditions set forth under
				  subchapter
				  3. The developer shall execute
				  agreements with the HCDA as are appropriate to conform to this requirement, and
				  the agreements shall be binding upon the developer and any successors in
				  interest, and shall run with the land. The agreement shall provide that the
				  developer must provide certification to the authority as to the compliance of
				  the requirements herein to qualify for a certificate of occupancy for the
				  project for which provisions of this chapter are applicable.
(c) Occupants of reserved housing units shall
				  have access to and use privileges for the same amenities as all other occupants
				  of the development. Reserved housing units shall be distributed in the building
				  in such a manner that they do not form an isolated section of the
				  project.
(d) If the authority so
				  determines, it may allow the developer to meet the requirement of subsection
				  (a) through the following alternatives instead of providing reserved housing
				  units within the development:
(1) By
				  providing reserved housing units elsewhere within the mauka area;
(2) By providing reserved housing units
				  elsewhere within urban Honolulu. The authority may impose additional reserved
				  housing requirements in approving transfer of reserved housing from mauka area
				  to other locations within urban Honolulu. The additional reserved housing
				  requirements shall be determined on a case-by-case basis by the authority at
				  the time of approval of the development permit; or
(3) By allowing a cash-in-lieu payment
				  instead of providing reserved housing units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 2 - RESERVED HOUSING AND WORKFORCE HOUSING REQUIREMENTS › Section 15-218-18 - Adjustments to height, density, and general development requirements for reserved housing units

Current through June, 2024
(a) Except as otherwise provided, any
				  multifamily residential development on a lot greater than 20,000 square feet
				  that meets applicable provisions of this chapter shall be entitled to
				  adjustments in FAR and general development requirements as follows:
(1) Residential floor area for reserved
				  housing shall be excluded from calculations of floor area ratio; and
(2) Residential floor area for reserved
				  housing shall be exempt from the provisions of Hawaii administrative rules,
				  section
				  15-217-65.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 2 - RESERVED HOUSING AND WORKFORCE HOUSING REQUIREMENTS › Section 15-218-19 - Unit type and corresponding factor

Current through June, 2024
The Reserved Housing Unit Type and Corresponding
Factor Table below shall be utilized in determining the
					 total number of reserved housing units required to be provided for any
					 development.
RESERVED HOUSING UNIT TYPE AND CORRESPONDING FACTOR
					 TABLE
Unit Type
Factor
0 Bedroom
0.70
1 Bedroom
0.90
2 Bedrooms
1.00
3 Bedrooms
1.08
3+ Bedrooms
1.16
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 2 - RESERVED HOUSING AND WORKFORCE HOUSING REQUIREMENTS › Section 15-218-20 - Occupancy guidelines for sale or rental of reserved housing and workforce housing units

Current through June, 2024
(a) The following occupancy guidelines shall
				  be used for sale or rental of reserved housing units during the initial
				  application period when the number of applications exceeds the number and type
				  of reserved housing units available:
OCCUPANCY GUIDELINE
Unit Type
Preferred
Household Size
Minimum Household Size
Studio
1 person
1 person
1 Bedroom
2 persons
1 person
2 Bedrooms
3 persons
2 persons
3 Bedrooms
4 persons
2 persons
4 Bedrooms
5 persons
3 persons
The corresponding household size may be modified by the
					 authority if the units are unsold, unrented, or includes a live-in
					 aide.
(b) The maximum
				  household size shall be based on permissible household size determined by the
				  City and County of Honolulu housing code.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 2 - RESERVED HOUSING AND WORKFORCE HOUSING REQUIREMENTS › Section 15-218-21 - Workforce housing project(s)

Current through June, 2024
(a) New residential
				  project(s) where at least seventy-five percent of the residential units are set
				  aside for purchase or for rent by households earning no more than one hundred
				  forty percent of the AMI shall qualify as a workforce housing
				  project.
(b) Workforce housing
				  projects shall not be used to satisfy the reserved housing requirement(s) for
				  any residential project (s) that are required to provide reserved housing in
				  accordance with subchapter
				  2.
(c) Workforce housing project (s) shall
				  receive a floor area bonus of one hundred percent, provided that the bonus
				  floor area shall be used towards the construction of workforce housing project
				  (s) only.
(d) Workforce housing
				  projects shall be exempt from the provisions of Hawaii administrative rules,
				  section
				  15-217-65.
(e) The authority may also consider modifying
				  off street parking and loading requirements of the mauka area rules for
				  workforce housing projects.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-29 - Purpose

Current through June, 2024
The rules set forth in this subchapter shall govern the
					 sale, rental, or transfer of reserved housing and workforce housing provisions
					 of subchapter
					 2.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-30 - General qualifications for purchase of reserved housing and workforce housing units

Current through June, 2024
(a) The following shall be qualifications for
				  purchasing or renting reserved housing or workforce housing units by a buyer or
				  a tenant. The buyer or the tenant:
(1) Shall
				  be at least the age of majority;
(2) Shall not have a majority interest in a
				  principal residence or a beneficial interest in a land trust on a principal
				  residence within or without the State for a period of three years immediately
				  prior to the date of application for a reserved housing or a workforce housing
				  unit under this section;
(3) Shall
				  not have a spouse or dependent child who has a majority interest, in a
				  principal residence or a beneficial interest in a land trust on a principal
				  residence for a period of three years immediately prior to the date of
				  application for a reserved housing or a workforce housing unit under this
				  section;
(4) Has never before
				  purchased a reserved housing or workforce housing unit under this
				  chapter;
(5) Shall be the owner or
				  lessee and occupant of the reserved housing or workforce housing
				  unit;
(6) Shall not have a record
				  or history of conduct or behavior, including past rent payments, which may
				  prove detrimental to other tenants or the authority. This criterion shall be
				  applied within parameters set by federal laws on discrimination, including the
				  Americans with Disabilities Act; and
(7) Has sufficient gross income to qualify
				  for the loan to finance the purchase of the reserved housing or workforce
				  housing unit, or in case of a rental reserved housing or workforce housing unit
				  demonstrate an ability to pay rent as established by the authority and meet any
				  additional criteria established by the authority for the respective rental
				  housing development for which the applicant is applying.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-31 - Sale and rental of reserved housing and workforce housing units

Current through June, 2024
(a) The authority may advertise the sale or
				  rental of reserved housing and workforce housing units and qualify and select
				  persons for reserved housing and workforce housing units. It may also permit
				  the developer of such units, or the developer's designated representative, to
				  be responsible for advertising, qualifying, and selecting persons subject to
				  the provisions of this chapter.
(b)
				  Applications for the purchase or rental of reserved housing and workforce
				  housing units shall be accepted on a first-come, first-served or on a lottery
				  basis. The applications shall be submitted in person by the applicant. Only
				  completed applications shall be acceptable. Applicants shall not be required to
				  submit a deposit amount exceeding $500.
(c) Notice of the proposed sale or rental of
				  reserved housing and workforce housing units shall be published in a newspaper
				  of general circulation on two separate days. The notice shall include but not
				  be limited to the following:
(1) General
				  description of the project in which the reserved housing or workforce housing
				  units are located including its location, number of reserved housing or
				  workforce housing units, size of the reserved housing or workforce housing
				  units by number of bedrooms, and sales prices or rental rates;
(2) Qualification requirements for purchase
				  of reserved housing or workforce housing units including maximum income limits,
				  restrictions on ownership of property, the authority's first option to purchase
				  and shared equity requirements for reserved housing or workforce housing units
				  for sale, and occupancy guidelines;
(3) A statement that buyers or renters shall
				  be selected on a first-come, first-served or on a lottery basis, whichever is
				  applicable;
(4) Where and when
				  applications may be obtained and the first date, including time and place, when
				  applications will be accepted, and subsequent dates, times, and places for
				  submission of applications;
(5)
				  Deadline for submission of applications; and
(6) In the case of a reserved housing unit
				  and workforce housing for sale, the deposit amount and mode of acceptable
				  payment.
The time period between publication of the notice and the
					 first acceptance of applications shall not be less than fourteen business days.
					 The period shall be computed from the first day of publication of the
					 notice.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-32 - Income

Current through June, 2024
(a) The household income of the applicant
				  shall not exceed one hundred forty percent of the area median income (AMI) as
				  determined by the United States Department of Housing and Urban
				  Development.
(b) The adjusted
				  household income shall be the income earned during the most current calendar
				  year preceding the date of application to purchase or rent a reserved housing
				  or workforce housing unit and shall be verified by submittal of most current
				  state and federal tax returns.
(c)
				  The assets of the applicant shall not exceed one hundred thirty-five percent of
				  the applicable income limit set forth in subsection (a). As used in this
				  section assets include all cash, securities and real and personal property at
				  current fair market value, less any outstanding liabilities secured by these
				  assets. Qualified retirements accounts and gifts of up to twenty percent of the
				  purchase price to assist in the down payment for purchase of a reserved housing
				  or a workforce housing unit shall not be counted towards assets.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-33 - Occupancy requirements

Current through June, 2024
(a) The following
				  are occupancy requirements for reserved housing and workforce housing units:
(1) Applicants for reserved housing and
				  workforce housing units shall certify that, if selected, all applicants will be
				  occupants of the unit; and
(2) The
				  purchaser or lessee shall physically occupy the reserved housing or workforce
				  housing unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-34 - Factors to be used for reserved housing and workforce housing unit sale price determination

Current through June, 2024
(a) The following
				  factors shall be used in determining the reserved housing and workforce housing
				  unit respective sale price:
(1) Down payment
				  amount shall not exceed ten percent of the purchase price;
(2) Maximum allowable monthly housing cost
				  consisting of mortgage payment including principal and interest, real property
				  taxes, mortgage insurance premium, and fees and costs required by the bylaws of
				  a condominium property regime, shall not exceed thirty-three percent of gross
				  monthly household income;
(3)
				  Interest rate shall be derived by taking the average of the thirty-year fixed
				  rate mortgage rates for six consecutive months including the most current rate
				  published by the Federal Home Loan Mortgage Corporation (Freddie Mac);
				  and
(4) Unit type and corresponding
				  factor as provided in section
				  15-218-19.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-35 - Terms of reserved housing and workforce housing units for sale

Current through June, 2024
(a) The regulated term for a reserved housing
				  or workforce housing unit shall be ten years from the issuance of certificate
				  of occupancy. If the owner of a reserved housing unit or a workforce housing
				  unit wishes to sell the unit within ten years from the date of issuance of
				  certificate of occupancy for the unit, the authority or an entity approved by
				  the authority shall have the first option to purchase the unit.
(b) Sale or transfer of reserved housing or
				  workforce housing units shall be as follows:
(1) The owner shall notify the authority in
				  writing of the intent to sell the reserved housing or workforce housing
				  unit;
(2) The authority shall
				  notify the owner of authority's decision within sixty days of receipt of the
				  owner's notification required in subsection (b)(1). The authority may:
(A) Waive its option to purchase the
				  unit;
(B) Agree to purchase the
				  unit; or
(C) Designate another
				  buyer for the unit;
(3)
				  If the authority fails to notify the owner of a decision in the manner
				  prescribed in paragraph (2), the authority shall have waived its first option
				  to purchase the unit;
(4) The
				  authority may purchase the unit either outright, free and clear of all liens
				  and encumbrances; or by transfer subject to an existing mortgage. If by
				  outright purchase, the authority shall ensure that all existing mortgages,
				  liens, and encumbrances are satisfactorily paid by the owner; and
(5) In any purchase by transfer subject to an
				  existing mortgage, the authority shall agree to assume and to pay the balance
				  on any first mortgage created for the purpose of enabling the owner to obtain
				  funds for the purchase of the unit and any other mortgages which were created
				  with the approval and consent of the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-38 - Foreclosure

Current through June, 2024
In the event of a foreclosure, any law to the contrary
					 notwithstanding, a mortgagee under a mortgage covering a reserved housing or
					 workforce housing unit subject to the restrictions of section
					 15-218-35,
					 shall, prior to commencing mortgage foreclosure proceedings, notify the
					 authority of:
(1) Any default of the
				  mortgagor under the mortgage within ninety days after the occurrence of the
				  default; and
(2) Any intention of
				  the mortgagee to foreclose the mortgage under chapter
				  667, HRS.
The authority shall be a party to any foreclosure action
					 and shall be entitled to all proceeds remaining in excess of all customary and
					 actual costs and expenses of transfer pursuant to default, including liens and
					 encumbrances of record, up to a maximum of the authority's share of equity in
					 the unit. The person in default shall be entitled to any amount remaining after
					 payment of the authority's share of equity in the unit.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-39 - Transfers of title pursuant to a mortgage foreclosure

Current through June, 2024
The conditions prescribed in section
					 15-218-35
					 and section
					 15-218-41
					 shall be automatically extinguished and shall not attach to subsequent
					 transfers of title pursuant to a mortgage foreclosure, foreclosure under power
					 of sale, or a conveyance in lieu of foreclosure after a foreclosure action is
					 commenced.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-40 - Incorporation in deed

Current through June, 2024
The provisions of sections
					 15-218-35
					 and
					 15-218-41
					 shall be incorporated in any deed, lease, mortgage, agreement of sale, or other
					 instrument of conveyance for reserved housing and workforce housing units.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-41 - Equity sharing requirements

Current through June, 2024
(a) The authority's
				  share of the equity in the reserved housing or workforce housing unit shall be
				  a percentage of the resale fair market value of the unit. The percentage shall
				  be determined as follows: original fair market value minus the original
				  reserved housing or workforce housing sales price divided by original fair
				  market value. The percentage shall be rounded to the nearest one
				  percent.
(b) If the authority
				  waives its first option to purchase a reserved housing or workforce housing
				  unit as provided for in section
				  15-218-35(a),
				  the owner of the reserved housing or workforce housing unit may sell the unit
				  at fair market value. The authority's share of the equity in the reserved
				  housing or workforce housing unit shall become due upon sale of the
				  unit.
(c) If the authority's
				  percentage share of equity is less than one-half of one percent, or if the
				  resale fair market value of the reserved housing or workforce housing unit is
				  less than the original reserved housing or workforce housing unit sales price,
				  subsection (a) shall not be applicable.
(d) The authority shall determine the fair
				  market value of the reserved housing or workforce housing unit at the time of
				  original sale and also at the time of resale.
(e) The resale price and terms shall be
				  approved by the authority.
(f) The
				  authority's interest created by the provisions of this section shall constitute
				  a lien on the real property and shall be superior to any other mortgage or lien
				  except for:
(1) Any mortgage created for the
				  purpose of securing the payment of a loan of funds expended solely for the
				  purchase of a reserved housing or workforce housing unit;
(2) Any mortgage insured or held by a federal
				  housing agency; and
(3) Any
				  mortgage or lien created for any other purpose provided that the authority has
				  previously consented to the mortgage or lien in writing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-42 - Deferral of first option to purchase and equity sharing

Current through June, 2024
The authority may defer its first option to purchase and
					 equity sharing in the following instances:
(1) Transfer by devise, descent, or operation
				  of law upon the death of a joint tenant or tenant by entirety;
(2) Transfer to a relative who meets
				  eligibility requirements upon death of the purchaser;
(3) Transfer to spouse or children who meet
				  eligibility requirements;
(4)
				  Transfer due to a property settlement whereby the spouse who meets eligibility
				  requirements becomes the owner;
(5)
				  Transfer into an inter vivos trust in which the purchasers remain the primary
				  beneficiary and does not affect their rights of occupancy; and
(6) Transfer into a community land trust or
				  other non-profit organization established to maintain or sustain long-term
				  housing affordability.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-43 - Terms of reserved housing and workforce housing for rent

Current through June, 2024
Reserved housing and workforce housing units for rent shall
					 be regulated for a period of thirty years from the date of issuance certificate
					 of occupancy for the project. The maximum allowable rent may be calculated
					 based on an AMI of one hundred and forty percent. The weighted average rent of
					 all reserved housing or workforce housing units in a project shall not exceed
					 the allowable rent calculated based on one hundred twenty percent of AMI.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-44 - Factors to be used for determining monthly rent for reserved housing and workforce housing unit for rent

Current through June, 2024
Monthly rent for reserved housing or workforce housing
					 units for rent shall be based on no more than thirty percent of the applicable
					 AMI. Monthly rent shall include all utilities and other building operating
					 costs but may exclude telephone, cable television, and internet service, and
					 parking fees. Allowance for tenant furnished utilities and other services shall
					 be based on data published by the authority on an annual basis. Annually within
					 forty-five days of HUD's update of area median income limits, the executive
					 director shall establish and publish a formula for calculating the applicable
					 monthly rents for reserved and workforce housing units based on the factors
					 enumerated in this section.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-45 - Rental of reserved housing or workforce housing unit by reserved housing or workforce housing owner during regulated term

Current through June, 2024
The authority may on a case-by-case basis consider requests
					 from a reserved housing or workforce housing unit owner to rent the reserved
					 housing or workforce housing unit during the regulated term. The rental of
					 reserved housing or workforce housing units by owner shall be regulated by
					 sections
					 15-218-32,
					 15-218-43
					 and
					 15-218-44.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-46 - Cash-in-lieu

Current through June, 2024
The authority, at its sole discretion, may allow a
					 developer to provide a cash payment in lieu of providing the required reserved
					 housing units. The amount of such cash-in-lieu payment shall be the higher
					 of:
(1) Seven percent of the gross
				  revenue of the development project; or
(2) The difference between the average fair
				  market value of the unit in the development project and the average reserved
				  housing unit sale price in the development project multiplied by the number of
				  reserved housing units required.
For determining a partial cash-in-lieu payment, a
					 proportional formula shall be utilized.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-47 - Effects of subsequent rule amendments

Current through June, 2024
(a) In the case of
				  subsequent rule amendments, reserved housing and workforce housing owners shall
				  be permitted at their election to:
(1) Remain
				  subject to the rules in effect at the time of the purchase of the unit;
				  or
(2) Be governed by the amended
				  rules.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 3 - SALE AND RENTAL OF RESERVED HOUSING AND WORKFORCE HOUSING UNITS › Section 15-218-48 - Fees for administering reserved housing and workforce housing program

Current through June, 2024
The authority may establish, revise, charge, and collect
					 fees, premiums, and charges as necessary, reasonable, or convenient, for
					 administering its reserved housing and workforce housing program. At the
					 beginning of each fiscal year the executive director shall publish a schedule
					 of fees for administering the reserved housing and workforce housing program.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-1 - Purpose

Current through June, 2024
These rules are adopted pursuant to chapters
					 91 and
					 92, Hawaii Revised Statutes ("HRS"),
					 and implement chapter 206E, HRS. This chapter governs practice and procedure
					 before the Hawaii community development authority, and shall be liberally
					 construed to secure the just and efficient determination of every
					 proceeding.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-3 - Location and business hours

Current through June, 2024
(a) The office of
				  the authority is at 461 Cooke Street, Honolulu, Hawaii 96813. All
				  communications to the authority shall be addressed to the authority's office,
				  unless otherwise directed.
(b) The
				  office of the authority shall be open from 7:45 a.m. to 4:30 p.m. of each
				  weekday except state holidays or unless otherwise provided by statute or
				  executive order.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-4 - Applicability

Current through June, 2024
(a) All parties to a proceeding before the
				  authority shall comply with these rules of practice and procedure when
				  appearing before the authority; provided that where these rules are
				  inconsistent with the authority's rules under another chapter, these rules
				  shall be superseded by the specific rule of the other chapter.
(b) For good cause shown and to the extent
				  permitted by law, the authority may waive, modify, or suspend any of the
				  provisions of this chapter.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-5 - Delegation to the executive director

Current through June, 2024
The authority may delegate to the executive director such
					 power or authority vested in the authority as it deems reasonable and proper
					 for the effective administration of chapter 206E, HRS, except the power to
					 adopt, amend, or repeal rules, and any power or authority expressly reserved to
					 the authority by statute or rule.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-6 - Filing of pleadings and other papers

Current through June, 2024
(a) All pleadings,
				  submittals, petitions, reports, maps, exceptions, plans, memoranda, and other
				  papers required to be filed with the authority in any proceeding shall be filed
				  at the office of the authority within the time limits prescribed by statute,
				  rules, or by order of the authority. Unless otherwise ordered, the date on
				  which the pleading or other paper is received by the authority by hand delivery
				  or by mail shall be regarded as the date of filing. The authority will not
				  accept a facsimile of any document required to be filed with the
				  authority.
(b) All pleadings and
				  other papers filed with the authority shall be:
(1) Typewritten or printed on paper that is
				  8-1/2 x 11
				  inches in size, except that maps, charts, tables, exhibits, or appendices may
				  be larger provided that it is folded to the size of the papers to which it is
				  being attached;
(2) Double-spaced,
				  except that footnotes and quotations may be single-spaced; and
(3) Bound.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-7 - Defective papers

Current through June, 2024
Any papers filed with the authority which are not in
					 compliance with these rules, orders, or any other applicable rules shall be
					 accepted for filing; provided that the mere fact of filing shall not waive any
					 defect in the papers. The authority may, on its own motion or on motion of any
					 party, strike any defective papers or require their
					 amendment.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-8 - Amended pleadings

Current through June, 2024
All pleadings may be amended at any time before service of
					 a responsive pleading and shall be effective as of the date of the receipt of
					 the amendment. The amended pleading shall be filed with the authority and
					 served on all parties.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-9 - Retention of papers

Current through June, 2024
All papers filed with the authority shall be retained by
					 the authority in its files; provided that the executive director may permit the
					 withdrawal of original copies of papers upon submission of properly
					 authenticated copies to replace the original papers.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-10 - Computation of time

Current through June, 2024
In computing any period of time under the rules as
					 provided in this chapter by notice, or by any order, or rule of the authority,
					 the time begins with the day following the act, event, or default, and includes
					 the last day of the period unless it is a Saturday, Sunday, or state holiday in
					 which event the period runs until the end of the next day which is not a
					 Saturday, Sunday, or state holiday.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-11 - Continuances or extensions of time

Current through June, 2024
Whenever a party is required to take action within the
					 period prescribed or allowed by an applicable order, statute, or rule, the
					 presiding officer may:
(1) With or
				  without notice, extend such period before the expiration of the prescribed
				  period;
(2) Upon written motion,
				  permit the act to be done after the expiration of a specified period for good
				  cause shown; or
(3) Approve a
				  written stipulation signed by all parties to the proceeding extending such time
				  period.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 1 - RULES OF GENERAL APPLICABILITY › Section 15-219-12 - Service of process

Current through June, 2024
(a) The authority
				  shall cause to be served all decisions, orders, and other papers issued by it,
				  together with any other papers that it is required by law to serve. All other
				  papers shall be served by the parties filing them.
(b) All papers filed by a party shall be
				  served upon all parties or their counsel of record and shall contain a
				  certificate of service. Any counsel entering an appearance subsequent to the
				  proceeding shall notify all other counsel then of record and all parties not
				  represented by counsel of such fact.
(c) Service of papers shall be made
				  personally or by certified mail with return receipt requested.
(d) Service upon a party, other than the
				  authority, shall be deemed complete upon the occurrence of at least one of the
				  following:
(1) The party or its counsel of
				  record is personally served; or
(2)
				  The document is properly stamped, addressed and mailed to the last known
				  address of the party on file with the authority or to its attorney of record in
				  accordance with subsection (c).
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-23 - Appearances before the authority

Current through June, 2024
(a) Any party to a
				  proceeding before the authority may appear prose if the party is an individual
				  or through an authorized representative if the party is partnership,
				  corporation, trust, association, or public or private organization. An officer
				  or employee of a governmental agency which is a party to any proceeding before
				  the authority may represent the agency in any proceeding before the
				  authority.
(b) A party may be
				  represented by an attorney in any proceeding before the authority. The attorney
				  who appears before the authority shall be authorized to practice law in Hawaii
				  and be a member in good standing with the Hawaii state bar. At the discretion
				  of the authority, an attorney who is not authorized to practice law in Hawaii
				  may be allowed to appear before the authority if the attorney is in good
				  standing with the bar of any state in which the attorney is authorized to
				  practice and if the attorney associates with an attorney authorized to practice
				  in Hawaii and who is in good standing of the Hawaii state bar.
(c) Any party or individual acting in a
				  representative capacity for a party who signs a pleading or brief, enters an
				  appearance at a proceeding, or transacts business with the authority, by such
				  act represents that such party or individual is legally authorized to do so and
				  shall comply with the laws of this State and the rules of the authority. The
				  authority may at any time require any individual acting in a representative
				  capacity before the authority to prove that individual's authority and
				  qualification to act.
(d) All
				  former employees of the State, as that term is defined in section
				  84-3, HRS, shall
				  comply with the provisions of chapter
				  84, HRS, before appearing in a
				  representative capacity before the authority.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-24 - Disqualification of authority member or hearings officer

Current through June, 2024
(a)
				  No authority member or hearings officer shall hear or participate in decision
				  making on a matter before the authority in which the authority member or
				  hearings officer has a pecuniary or business interest in the matter being heard
				  or is related within the first degree by blood or marriage to any party to the
				  proceeding; provided, however, that if, after disclosing the nature of the
				  circumstances of the pecuniary or business interest or consanguinity to the
				  parties, the parties expressly agree to waive any objection, then the authority
				  member or hearings officer may hear the matter and participate in
				  decision-making.
(b) Any party to a
				  proceeding before the authority may file a petition to disqualify an authority
				  member or hearings officer pursuant to subsection (a) up to five days before
				  the commencement of the hearing. The petition shall be accompanied by a signed
				  declaration stating the facts supporting the party's petition to disqualify an
				  authority member or hearings officer. The authority member or hearings officer
				  against whom the petition to disqualify is filed shall be afforded an
				  opportunity to respond to the facts alleged in the petition. A majority of the
				  remaining members of the authority entitled to vote on the particular matter
				  shall decide whether the challenged authority member or hearings officer should
				  be disqualified from the proceeding.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-25 - Ex parte communications

Current through June, 2024
(a) No person,
				  whether or not a party to or participant in a proceeding before the authority,
				  shall make an unauthorized ex parte communication, either written or oral,
				  about the proceeding to any authority member or hearings officer who will be a
				  participant in the decision-making process.
(b) All ex parte communications received by
				  any authority member or hearings officer which are known or believed to be
				  unauthorized at the time of receipt shall be immediately disclosed to all
				  parties to the proceeding and made an official part of the record.
(c) The following classes of ex parte
				  communications are permitted:
(1)
				  Communications between an authority member and HCDA staff or HCDA counsel,
				  except where there is a pending appeal from an action taken by the executive
				  director, in which case communication between a hearings officer and HCDA
				  counsel is permitted;
(2)
				  Communications between a hearings officer and HCDA staff or HCDA counsel,
				  except where there is a pending appeal from an action taken by the executive
				  director, in which case communication between a hearings officer and HCDA
				  counsel is permitted;
(3)
				  Communications which relate solely to matters which an authority member or
				  hearings officer is authorized by the authority to dispose of on an ex parte
				  basis, including communications regarding scheduling or other procedural
				  matters regarding the course of the proceeding; and
(4) Communications which all parties to the
				  proceeding agree after adequate notice and an opportunity for all parties to
				  participate.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-26 - Appointment of hearings officer

Current through June, 2024
To the extent permitted by law, the authority may duly
					 appoint a hearings officer pursuant to section
					 92-16,
					 HRS. A hearings officer so appointed shall have all of the powers which would
					 be held and enjoyed by the chairperson or authority or any member thereof in
					 connection with the hearing.
Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 219 - RULES OF PRACTICE AND PROCEDURE › Subchapter 2 - PROCEEDINGS BEFORE THE AUTHORITY › Section 15-219-27 - Notice of public hearing

Current through June, 2024
Whenever the authority is required to conduct a public
					 hearing, the authority shall give at least thirty days notice in accordance
					 with the requirements of sections
					 1-28.5 and
					 92-41, HRS,
					 the cost of which shall be borne by the party initiating the public
					 hearing.