HB1061

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Long-term care facilities; permitted use in residential areas. (a) For the purposes of zoning, long-term care facilities shall be considered a residential use of property and shall be a permitted use in all residentially designated zones, including but not limited to zones for single-family dwellings. No conditional use permit, variance, or special exception shall be required for residences used as long-term care facilities.

(b) For the purposes of this section, "long-term care facility" means any skilled nursing facility as defined in section 1861(j) of the Social Security Act, as amended, any intermediate care facility as defined in section 1905(c) of the Social Security Act, as amended, any nursing home as defined in section 1908(e) of the Social Security Act, as amended, and any other similar adult care facility licensed by the State serving elders."

SECTION 2. Chapter 501, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§501- Long-term care facilities; permitted uses in residential areas. (a) Long-term care facilities shall be considered a residential use. Notwithstanding any other law to the contrary, every recorded restriction or prohibition entered into whether by way of covenant, condition upon use or occupancy, or upon transfer of title to residential real property, that directly or indirectly restricts or prohibits long-term care facilities on residential real property is void.

(b) This section shall not apply to:

(1) Housing for older persons as defined by 42 United State Code section 3607(b)(2);

(2) Limited-equity housing cooperatives created pursuant to chapter 421H; or

(3) Cooperative housing corporations created pursuant to chapter 421I.

(c) For the purposes of this section, "long-term care facility" means any skilled nursing facility as defined in section 1861(j) of the Social Security Act, as amended, any intermediate care facility as defined in section 1905(c) of the Social Security Act, as amended, any nursing home as defined in section 1908(e) of the Social Security Act, as amended, and any other similar adult care facility licensed by the State serving elders."

SECTION 3. Chapter 502, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§502- Long-term care facilities; permitted uses in residential areas. (a) Long-term care facilities shall be considered a residential use. Notwithstanding any other law to the contrary, every recorded restriction or prohibition entered into whether by way of covenant, condition upon use or occupancy, or upon transfer of title to residential real property, that directly or indirectly restricts or prohibits long-term care facilities on residential real property is void.

(b) This section shall not apply to:

(1) Housing for older persons as defined by 42 United State Code section 3607(b)(2);

(2) Limited-equity housing cooperatives created pursuant to chapter 421H; or

(3) Cooperative housing corporations created pursuant to chapter 421I.

(c) For the purposes of the section, "long-term care facility" means any skilled nursing facility as defined in section 1861(j) of the Social Security Act, as amended, any intermediate care facility as defined in section 1905(c) of the Social Security Act, as amended, any nursing home as defined in section 1908(e) of the Social Security Act, as amended, and any other similar adult care facility licensed by the State serving elders."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1061
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII