§201H-41 Independent development of projects. (a) In any county, the corporation may develop or may enter into agreements to develop housing projects with an eligible developer if in the corporation's reasonable judgment a project is primarily designed for lower income housing. The agreement may provide for the housing to be placed under the control of the corporation, or to be sold by the corporation, or to be sold to the corporation as soon as the units are completed and shall contain terms, conditions, and covenants as the corporation, by rules, deems appropriate. Every agreement shall provide for the developer to furnish a performance bond in favor of the corporation, assuring the timely and complete performance of the housing project. Sureties on the bond shall be satisfactory to the corporation.
(b) The plans and specifications for the housing project shall:
(1) Provide for economically integrated housing by stipulation and design;
(2) Provide for the sale of all dwelling units in fee simple or in leasehold either to the corporation or to the purchaser and in all cases subject to all of the provisions of sections 201H-47, 201H-49, and 201H-50 excepting units sold at market price; and
(3) Encompass the use of lands adequately suited to the size, design, and types of occupancies designated in subsection (a), properly located for occupancy by the group for which the project was primarily designed, properly districted for the use intended prior to the agreement, and appropriately zoned within an urban land use district or appropriate in its situation and surroundings for more intensive or denser zoning.
(c) The corporation may accept and approve housing projects independently initiated by private developers that fully comply with subsections (a) and (b). The corporation may review the plans, specifications, districting, and zoning of the project for the purpose of exempting the project from all statutes, ordinances, charter provisions, and rules of any government agency relating to zoning and construction standards for subdivisions, development, and improvement of land and the construction, improvement, and sale of dwelling units thereon; provided that the procedures in section 201H-38(a)(1), (2), and (3) have been satisfied. [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.