HB2667

HOUSE OF REPRESENTATIVES	H.B. NO.	2667
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to require a certain percentage of the dwelling units in a homestead project developed on Hawaiian home lands to be affordable to families with incomes of not more than a certain percentage of the relevant area median income.

SECTION 2. The Hawaiian Homes Commission Act, 1920, as amended, is amended by adding a new section to title 2 to be appropriately designated and to read as follows:

"§___. Affordable housing requirement in homestead project. (a) As used in this section:

"Homestead project" means the same as defined under section 220.5.

"Relevant area median income" means the median annual income, adjusted for family size, for households in the county in which a homestead project is located, as most recently established by the United States Department of Housing and Urban Development for the section 8 housing assistance payments program.

(b) Except as otherwise provided under subsection (c), at least fifty per cent of the dwelling units developed in a homestead project shall be leased to families with incomes of not more than ___ per cent of the relevant area median income. The lease rents or prices of the dwelling units required for such families shall be set at amounts affordable to them. The requirements of this subsection shall apply whether the homestead project is developed by the department of Hawaiian home lands, in partnership with another government agency, or by a project developer agreement.

The department of Hawaiian home lands shall implement the requirements of this subsection and may adopt rules in accordance with chapter 91.

(c) If a homestead project includes residential and agricultural, pastoral, or aquacultural uses, any dwelling unit developed to serve the agricultural, pastoral, or aquacultural uses shall not be included in the base upon which the fifty per cent affordable housing requirement is calculated under subsection (b)."

SECTION 3. The provisions of the amendments made by this Act to the Hawaiian Homes Commission Act, 1920, as amended, are declared to be severable, and if any section, sentence, clause, or phrase, or the application thereof to any person or circumstances is held ineffective because there is a requirement of having the consent of the United States to take effect, then that portion only shall take effect upon the granting of consent by the United States and effectiveness of the remainder of these amendments or the application thereof shall not be affected.

SECTION 4. New statutory material is underscored.

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

INTRODUCED BY:	_____________________________