Report Title:
State Lands; Housing for Low- to Moderate-Income Residents
Description:
Requires all housing units developed and built on state lands under chapter 171, or under the jurisdiction of the Hawaii community development authority, and the University of Hawaii to be for low- to moderate-income range residents.
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THE SENATE |
S.B. NO. |
734 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206E- Residential projects; low- to moderate-income resident housing. If the authority deems it desirable to develop a residential project, it shall develop, construct, maintain, operate, or otherwise dispose of residential units for residents in the low- to moderate-income ranges who meet eligibility requirements the authority may adopt by rule."
SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§304A- Residential projects not intended for university housing purposes; low- to moderate-income housing. If the board of regents deems it desirable to develop a residential project that is not intended to be a university housing unit under section 302A-2501, it shall develop, construct, maintain, operate, or otherwise dispose of residential units for residents in the low- to moderate-income ranges who meet eligibility requirements the board of regents may adopt by rule."
SECTION 3. Section 171-45, Hawaii Revised Statutes, is amended to read as follows:
"§171-45 Residence lots; sale or
leases. The board may dispose of public land for personal residence
purposes (1) by sale in fee simple or lease at public auction as provided in
sections 171-14 and 171-16, or (2) by sale or lease of lots by drawing as
provided in sections 171-15 and 171-16[.]; provided that the personal
residential purpose shall be for housing for residents in the low- or
moderate-income ranges who meet eligibility requirements the board may adopt by
rule."
SECTION 4. Section 171-46, Hawaii Revised Statutes, is amended to read as follows:
"§171-46 Residential sales or leases; planning. Prior to the disposition of public land for residential lots, whether by sale in fee simple or by lease, in addition to the requirements of section 171-33, the board of land and natural resources shall:
(1) Ensure that the residential lots will be used for housing for residents in the low- or moderate-income ranges who meet eligibility requirements the board may adopt by rule;
[(1)] (2) Make a determination of the
demand for houselots in the area of the intended disposition;
[(2)] (3) Make a thorough investigation
of the costs of the residential development;
[(3)] (4) Wherever possible locate the
residential development adjacent to an existing urban center;
[(4)] (5) Subdivide and improve the
land, in conformity with county or city and county zoning and subdivision
requirements, including the construction of necessary roads; and
[(5)] (6) Plan the development to meet
the economic need and circumstance of the persons for whom the development is
intended."
SECTION 5. Section 171-48, Hawaii Revised Statutes, is amended to read as follows:
"§171-48 Residence lots, requirements. In the disposition of lots for residence purposes:
(1) No person shall purchase or lease, directly or
indirectly through an agent, nominee, third person, or otherwise, any interest
in more than one lot[.];
(2) No person and no unmarried minor child, whose
spouse or parent purchases or leases a lot, shall be qualified to purchase or
lease any lot[.];
(3) The board shall require the lessee or purchaser
to construct, within three years after disposition, a dwelling for eligible residents
in low- to moderate-income ranges of such size and value as shall be
prescribed by the board and to use the lot and dwelling as the lessee's or
purchaser's principal domicile; provided that the board may, for good and
sufficient cause and to alleviate hardship, extend the building deadline for a
period not exceeding two years, at six-month intervals based on a demonstration
of the lessee's or purchaser's progress towards satisfying improvement
requirements[.];
(4) The board shall establish such additional
restrictions, requirements, or conditions in accordance with the powers
granted to it in section 171-6(6)[.];
(5) No person shall be qualified to purchase or lease
any lot by drawing if the person's gross income including the gross income of
the person's spouse exceeds $20,000 per year. In determining gross income, the
standard income tax exemption for each of the person's dependents, as
determined by the income tax laws of the State, shall be allowed[.];
or
(6) No person shall be qualified to purchase or lease any lot who, or whose spouse, or both of them, owns or is a lessee, under a residential lease for a term exceeding twenty years (including any periods for which the lease may be extended or renewed at the option of the lessee), of any land situated within or without the State suitable for residential use."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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