§201H-33 Powers and duties, generally. (a) The corporation may develop fee simple or leasehold property, construct dwelling units thereon, including condominiums, planned units, and cluster developments, and sell, lease, or rent or cause to be leased or rented, at the lowest possible price to qualified residents, nonprofit organizations, or government agencies, with an eligible developer or in its own behalf:
(1) Fully completed dwelling units with the appropriate interest in the land on which the dwelling unit is located;
(2) Dwelling units that are substantially complete and habitable with the appropriate interest in the land on which the dwelling unit is located; or
(3) The land with site improvements (other than the dwelling unit) either partially or fully developed.
(b) The corporation shall require all applicants for the purchase of dwelling units to make application therefor under oath, and may require additional testimony or evidence under oath in connection with any application. The determination of any applicant's eligibility under this chapter by the corporation shall be conclusive as to all persons thereafter dealing with the property; provided that the making of any false statement knowingly by the applicant or other person to the corporation in connection with any application shall constitute perjury and be punishable as such. The corporation shall establish a system to determine preferences by lot in the event that it receives more qualified applications than it has dwelling units available.
(c) The corporation shall adopt, pursuant to chapter 91, rules on health, safety, building, planning, zoning, and land use that relate to the development, subdivision, and construction of dwelling units in housing projects in which the State, through the corporation, shall participate. The rules shall not contravene any safety standards or tariffs approved by the public utilities commission, and shall follow existing law as closely as is consistent with the production of lower cost housing with standards that meet minimum requirements of good design, pleasant amenities, health, safety, and coordinated development.
When adopted, the rules shall have the force and effect of law and shall supersede, for all housing projects in which the State, through the corporation, shall participate, all other inconsistent laws, ordinances, and rules relating to the use, zoning, planning, and development of land, and the construction of dwelling units thereon. The rules, before becoming effective, shall be presented to the legislative body of each county in which they will be effective and the legislative body of any county may within forty-five days approve or disapprove, for that county, any or all of the rules by a majority vote of its members. On the forty-sixth day after submission, any rules not disapproved shall be deemed to have been approved by the county.
(d) The corporation may acquire, by eminent domain, exchange, or negotiation, land or property required within the foreseeable future for the purposes of this chapter. Whenever land with a completed or substantially complete and habitable dwelling or dwellings thereon is acquired by exchange or negotiation, the exchange value or purchase price for each dwelling, including land, shall not exceed its appraised value. Land or property acquired in anticipation of future use may be leased for the interim period by the corporation for such term and rent as it deems appropriate.
(e) Upon authorization by the legislature, the corporation shall cause the State to issue general obligation bonds to finance:
(1) Land acquisition;
(2) The development and improvement of land;
(3) The construction of dwelling units;
(4) The purchase, lease, or rental of land and dwelling units by qualified residents, nonprofit organizations, or government agencies under this chapter;
(5) Payment for any services contracted for under this chapter, including profit or recompense paid to partners, and including community information and advocacy services deemed necessary by the corporation to provide for citizen participation in the development of housing projects, the implementation of this chapter, and the staffing of any citizen advisory committee the corporation may establish;
(6) The cost of the repurchase of units under section 201H-47;
(7) Loans for the rehabilitation and renovation of existing housing; and
(8) Any other moneys required to accomplish the purposes of this chapter.
(f) The corporation shall do all other things necessary and convenient to carry out the purposes of this chapter. [L 2006, c 180, pt of §3]
Structure Hawaii Revised Statutes
Title 13. Planning and Economic Development
201H. Hawaii Housing Finance and Development Corporation
201H-2 Hawaii housing finance and development corporation; establishment, staff.
201H-3 Board; establishment, functions, duties.
201H-4.5 Urban gardening programs.
201H-5 Fair housing law to apply.
201H-6 Housing advocacy and information system.
201H-9 Acquisition, use, and disposition of property.
201H-10 Cooperative agreements with other governmental agencies.
201H-11 Agents, including corporations.
201H-12 Development of property.
201H-13 Eminent domain, exchange or use of public property.
201H-14 Contracts with the federal government.
201H-15 Administration of low-income housing credit allowed under section 235-110.8.
201H-16 Administration of federal programs.
201H-17 Federal funds outside of state treasury.
201H-18 Public works contracts.
201H-19 Remedies of an obligee: mandamus; injunction; possessory action; receiver; accounting; etc.
201H-20 Subordination of mortgage to agreement with government.
201H-23 For-sale developments.
201H-33 Powers and duties, generally.
201H-34 Additional powers; development.
201H-34.5 Authority to modify and amend development agreements with eligible developers.
201H-36 Exemption from general excise taxes.
201H-37 Exemption from tax on income and obligations.
201H-38 Housing development; exemption from statutes, ordinances, charter provisions, and rules.
201H-40 Housing projects; construction and sponsorship.
201H-41 Independent development of projects.
201H-42 Private development of projects.
201H-43 Interim financing of projects.
201H-44 Commercial, industrial, and other uses.
201H-45 Sale; mortgage, agreement of sale, and other instruments.
201H-47 Real property; restrictions on transfer; waiver of restrictions.
201H-48 Exception of current owners in corporation projects.
201H-49 Real property; restrictions on use.
201H-50 Restrictions on use, sale, and transfer of real property; effect of amendment or repeal.
201H-51 Corporation's right to repurchase or rent real property; authority to seek recovery.
201H-52 Nonprofit organizations and government agencies.
201H-53 Rate of wages for laborers and mechanics.
201H-57 Land leases to nonprofit organizations providing affordable housing.
201H-58 Leases; self-help housing.
201H-59 Affordable rental housing development program.
201H-72 Issuance of bonds for the development of infrastructure.
201H-73 Issuance of bonds for the preservation of low-income housing projects.
201H-74 Bonds; interest rate, price, and sale.
201H-75 Trustee; designation, duties.
201H-77 Investment of reserves, etc.
201H-78 Security for funds deposited by the corporation.
201H-79 Arbitrage provisions, interest rate.
201H-80 Housing finance revolving fund; bond revolving funds.
201H-82 Rate of wages for laborers and mechanics.
201H-86 Low-income housing tax credit loan.
201H-92 Owner-occupancy requirement.
201H-95 Eligible project loans.
201H-96 Eligible improvement loans.
201H-97 Housing loan programs; procedures and requirements.
201H-98 Housing loan programs; general powers.
201H-99 Housing loan programs; self-supporting.
201H-100 Housing loan programs; fees.
201H-102 to 201H-104 REPEALED.
201H-105 Advance commitments program.
201H-106 Loan funding programs.
201H-107 Loans; service and custody.
201H-108 Loans; sale, pledge, or assignment.
201H-109 Loans; insurance and guarantees.
201H-121 Purpose; findings and determinations.
201H-123 Rental assistance revolving fund.
201H-124 Rental assistance contracts.
201H-125 Rental assistance program.
201H-126 Benefits of program not exclusive.
201H-142 Housing loan programs; authorization.
201H-143 Housing loan programs; procedures and requirements.
201H-144 Housing loan programs; general powers.
201H-151 State mortgage guarantee.
201H-152 Mortgage guarantee agreements.
201H-162 Qualifications for downpayment loans.
201H-163 Restrictions on borrower.
201H-163.5 Downpayment loan assistance program; fees.
201H-171 Homebuyers' club program.
201H-191 Dwelling unit revolving fund.
201H-191.5 Regional state infrastructure subaccounts.
201H-202 Rental housing revolving fund.
201H-203 Eligible applicants for funds.