HAR §15-216-29. Purpose

The rules set forth in this subchapter shall govern the sale, rental or transfer of reserved housing provisions of subchapter 2. [Eff OCT 2 7~orz] (Auth: HRS §§206E-4, 206E-5, 206E-7} (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-216-30 Qualifications for reserved housing. The following shall be qualifications for purchasing or leasing of reserved housing units by a buyer or a tenant. The buyer or the tenant: 30 5 3 I j (1) Shall be at least the age of majority; (2) Shall not have a majority interest in a principal residence or a beneficial interest in a land trust on a principal residence within or without the State for a period of three years immediately prior to the date of application for a reserved housing unit under this section; 216-8 §15-216-31 (3) Shall not have a spouse or dependent child who has a majority interest, in a principal residence or a beneficial interest in a land trust on a principal residence for a period of three years immediately prior to the date of application for a reserved housing unit under this section; (4) Shall be the owner or lessee and occupant of the reserved housing unit; and (5) Shali'not have a record or history of conduct or behavior, including past rent payments, which may prove detrimental to other tenants or the authority. This criterion shall be applied within parameters set by federal laws on discrimination, including the Americans with Disabilities Act. [Eff OCT 2 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) §15-216-31 Sale and rental of reserved housing units. (a) The authority may advertise the sale or rental of reserved housing units and qualify and select persons for reserved housing uniq;r It may also permit the developer of such units, or the developer's designated representative, to be responsible for advertising, qualifying, and selecting persons subject to the provisions of this chapter. (b) Applications for the purchase or rental of reserved housing units shall be accepted on a first- come, first-served or on a lottery basis. The applications shall be submitted in person by the applicant. Only completed applications shall be acceptable. Applicants shall not be required to submit a deposit amount exceeding $500. (c) Notice of the proposed sale or rental of reserved housing units shall be published in a newspaper of general circulation on two separate days. The notice shall include, but not be limited to, the following: 216-9 30 5 3 30 5 3 §15-216-31 (1) General description of the project in which the reserved housing units are located including its location, number of reserved housing units, size of the reserved housing units by number of bedrooms, and sales prices or rental rates; (2) Qualification requirements for purchase of reserved housing units including maximum income limits, restrictions on ownership of property, the authority's first option to purchase and shared equity requirements for reserved housing units for sale, and permissible household sizes; (3) A statement that buyers or renters shall be selected on a first-come, first-served or on a lottery basis, whichever is applicable; (4) Where and when applications may be obtained and the first date, including time and place, when applications will be accepted, and subsequent dates, times, and places for submission of applications; (5) Deadline for submission of applications; and (6) In the case of a reserved housing unit for sale, the deposit amount and mode of acceptable payment. The time period between publication of the notice and the first acceptance of applications shall not be less than fourteen business days. The period shall be computed from the first day of publication of the notice. (d) Priority shall be given to applicants who have been displaced from housing as a result of development in the Kalaeloa CDD. (e) Applicants shall be allowed to select a reserved housing unit based on maximum income limits, qualifying income, preference, permissible household sizes, and availability of the reserved housing unit. (f) In the event the developer, or the developer's designated representatives have accepted and processed applications and selected applicants for reserved housing units, a certification shall be submitted to the authority that the selection was made 216-10 I •. §15-216-32 on a first-come, first-served or a lottery basis. Applicants shall be listed in the order in which the applications were accepted and the list shall be available for inspection by the authority. The final applications for those persons selected shall be made available to the authority and the authority shall review the applications to ensure that the applicants meet the eligibility requirements established under this chapter. (g) Reserved housing applicants shall provide financial and family information with the reserved housing application. (h) The authority may also require applicants to provide documentation to verify information submitted to the authority, including but not limited to: (1) Asset verification; (2) Verification of deposit; (3) Verification of employment; and (4) Credit bureau report. (i) An applicant found to have willfully submitted false information, made misstatements, or withheld important information shall be disqualified from purchasing or renting a reserved housing unit under this chapter. The authority retains its right to recover any money wrongfully gained by the applicR~f or to any other recourse provided by law. [Eff U~ 2 7 2012 ] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7)