HAR §15-22-190. Occupancy

(a) A reserved housing unit purchased or rented under this chapter shall be occupied by the purchaser or renter at all times. (b) Violation of subsection (a) shall be sufficient reason for the authority, at its option, to purchase the UNOFFICIAL COMPILATION June 2005 22-117 unit as provided in §15-22-186 of this chapter or evict the renter from the unit, as applicable. (c) Any deed, lease, agreement of sale, mortgage, or other instrument of conveyance issued by the authority shall expressly contain the restrictions on use prescribed in this section. (d) The restriction prescribed in subsection (a) above shall not apply if the authority waives its option to purchase the reserved housing unit or subsequent to the expiration of the option to purchase period. [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-190 is based substantially upon §15-17-310. [Eff 4/6/85; R 9/8/86] §15-22-191 Restrictions or conditions on use and sale of a reserved housing unit; effects of amendment or repeal. (a) Restrictions or conditions on the use, sale and transfer of reserved housing units shall be made as uniform as possible in application to purchasers of all units, and restrictions shall be conformed with agreement of the owner to reflect change or repeal made by any subsequent legislative act, ordinance, rule or regulation. Reserved housing unit owners shall be permitted at their election to sell or transfer units subject to restrictions in effect at the time of their sale or transfer. (b) The authority, any other department of the State, or any county housing agency maintaining restrictions or conditions, through contract, deed, other instrument, or by rule or regulation, shall notify all owners of any change made by law, ordinance, rule or regulation not more than one hundred eighty (180) days after the change, as the case may be, and such notice shall clearly state the enacted or proposed new provisions, the date upon which they are to be effective and offer to each owner of reserved housing units constructed and sold prior to the effective date, an opportunity to modify the existing contract or other instrument to incorporate the most recent provisions. (c) No dwelling unit owner shall be entitled to modify the restrictions or conditions on use, transfer, or sale of the reserved housing unit, without the written permission of the holder of a duly-recorded first mortgage on the unit and the owner of the fee simple or leasehold interest in the land underlying the unit, unless the holder of the first UNOFFICIAL COMPILATION June 2005 22-118 mortgage or the owner is an agency of the State or its political subdivisions. (d) This section shall apply to all reserved housing units developed, constructed and sold pursuant to this chapter and similar programs in the State or its political subdivisions and which are sold on the condition that the purchaser accepts restrictions on the use, sale or transfer of interest in the reserved housing unit purchased. (e) The provisions of this section shall be incorporated in any deed, lease, instrument, rule or regulation relating to restrictions or conditions on use, sale or transfer of reserved housing units. [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-191 is based substantially upon §15-17-311. [Eff 4/6/85; R 9/8/86] §15-22-192 Information and verification. (a) The authority shall require applicants and program participants to provide information relating to the family's income, composition, financial condition and status changes, prior to admission to the program and at any other time as determined by the authority. (b) The authority may require applicants and program participants to provide documentation to verify information submitted to the authority, including but not limited to: (1) Verification of deposit; (2) Verification of employment; and (3) Credit bureau report. (c) An applicant or program participant 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, provided that the authority shall not waive its right to recover any money wrongfully gained by the participant or to any other recourse provided by law. [Eff 9/8/86, comp 1/28/88, comp 2/24/90] (Auth: HRS §§206E-4, 206E-5, 206E-7) (Imp: HRS §§206E-4, 206E-5, 206E-7) Historical note: §15-22-192 is based substantially upon §15-17-312. [Eff 4/6/85; R 9/8/86] §15-22-193 to §15-22-199 (Reserved) UNOFFICIAL COMPILATION June 2005 22-119 This page is left intentionally blank. UNOFFICIAL COMPILATION June 2005 22-120 SUBCHAPTER 8 MASTER PLAN RULES