Bill Text: HI HB1988 | 2024 | Regular Session | Amended
Bill Title: Relating To County Housing Powers.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed) 2024-03-07 - Referred to HOU, WAM. [HB1988 Detail]
Download: Hawaii-2024-HB1988-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1988 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO COUNTY HOUSING POWERS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 46-15.1, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Notwithstanding any law to the contrary, any
county shall have and may exercise the same powers, subject to applicable
limitations, as those granted the Hawaii housing finance and development
corporation pursuant to chapter 201H insofar as those powers may be reasonably
construed to be exercisable by a county for the purpose of developing,
constructing, [and] financing, refinancing, or otherwise providing
low- and moderate-income housing[;] projects, mixed-income projects,
and mixed-use developments; provided that no county shall be empowered to
cause the State to issue general obligation bonds to finance a project pursuant
to this section; provided further that county projects shall be granted an
exemption from general excise or receipts taxes in the same manner as projects
of the Hawaii housing finance and development corporation pursuant to section
201H-36; and provided further that section 201H-16 shall not apply to this
section unless federal guidelines specifically provide local governments with
that authorization and the authorization does not conflict with any state
laws. The powers shall include the
power, subject to applicable limitations, to:
(1) Develop and construct dwelling units, alone or
in partnership with developers;
(2) Acquire necessary land by lease, purchase,
exchange, or eminent domain;
(3) Provide assistance and aid to a public agency
or other person in developing and constructing new housing and rehabilitating
existing housing for elders of low- and moderate-income, other persons of low-
and moderate-income, and persons displaced by any governmental action, by
making long-term mortgage or interim construction loans available;
(4) Contract with [any] eligible bidders to
provide for construction of urgently needed housing for persons of low- and
moderate-income;
(5) Guarantee the top twenty-five per cent of the
principal balance of real property mortgage loans, plus interest thereon, made
to qualified borrowers by qualified lenders;
(6) Enter into mortgage guarantee agreements with
appropriate officials of any agency or instrumentality of the United States to
induce those officials to commit to insure or to insure mortgages under the
National Housing Act, as amended;
(7) Make a direct loan to any qualified buyer for
the downpayment required by a private lender to be made by the borrower as a
condition of obtaining a loan from the private lender in the purchase of
residential property;
(8) Provide funds for a share, not to exceed fifty
per cent, of the principal amount of a loan made to a qualified borrower by a
private lender who is unable otherwise to lend the borrower sufficient funds at
reasonable rates in the purchase of residential property; and
(9) Sell
or lease completed dwelling units.
If there is an insufficient number of persons or families who meet the income qualifying criteria for a particular low- and moderate-income housing project, then the income-restricted housing units may be made available to households with higher incomes to ensure full occupancy of the housing project.
For
purposes of this section, a limitation is applicable to the extent that it may
reasonably be construed to apply to a county."
2. By amending subsections (f) and (g) to read:
"(f)
The provisions of this section shall be construed liberally so as to
effectuate the purpose of this section in facilitating the development,
construction, [and provision of] financing, refinancing, or other
provisions of low- and moderate-income housing projects, mixed-income
projects, and mixed-use developments by the various counties.
(g) For purposes of this section[, "low
and moderate income housing"]:
"Low- and moderate-income housing
project" means any housing project that meets the definition of
"low- and moderate-income housing project" in section 39A-281.
"Mixed-income project" means any housing project that, in addition to low- and moderate-income housing units, includes housing units for households with incomes higher than provided under section 39A-281.
"Mixed-use development" has
the same meaning as in subsection 201H-12(a)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 3000; provided that this Act shall apply to bond proceeds expended by a county after December 31, 2023; provided further that the amendments made to section 46-15.1, Hawaii Revised Statutes, by section 1 of this Act shall not be repealed when that section is reenacted on July 1, 2030, pursuant to sections 2 and 3 of Act 90, Session Laws of Hawaii 2023.
Report Title:
Counties; County Housing Powers; HHFDC; Mixed-Use Development; Mixed-Income Projects
Description:
Expands the counties' authorization to exercise the same powers as the Hawaii housing finance and development corporation for purposes of developing, constructing, financing, refinancing, or providing mixed-income projects and mixed-use developments. Authorizes units in low- and moderate-income housing projects to be made available to households with higher incomes if there is an insufficient number of persons or families who meet income qualifying requirements. Applies to bond proceeds expended by a county after 12/31/23. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
