HAR §15-305-18. General qualification requirements

(a) In addition to financial qualification, each lessee shall demonstrate the ability to meet the following requirements at the time of application and at the time of purchase, as required by section 516- 33, HRS: (1) The applicant shall either have legal title to the property or shall have an equitable interest in the residential structure as the vendee under an agreement of sale; (2) The applicant shall be at least eighteen years of age; (3) The applicant shall be a bonafide resident of the State of Hawaii and reside on the lot, except in hardship circumstances as determined by the corporation on a case by case basis; 305-11 2 7 56 §15-305-18 (4) ( 5) The applicant shall not own in fee simple land suitable for residential purposes· within the county and in or reasonably near the place of employment or business of the applicant. A husband and wife together, unless separated and living apart under a decree of separation issued by a court of competent jurisdiction, shall be considered jointly in owning fee simple land. Provided that whenever any of the applicants on title to the subject lot owns other fee simple land(s) suitable for residential purposes in the county but is on title to the subject lot solely for purposes of mortgage financing as co-mortgagor and co-owner, such applicant shall not cause the disqualification of the subject lot for lease to fee conversion. Applicants who claim an exemption under this subpart shall comply with the following: (A) the applicant must provide a letter from a mortgage lender attesting to the necessity of having such co- mortgagor/co-owner on leasehold title for mortgage purposes; and (B) the co-mortgagor/co-owner under this sub-part shall sign an affidavit that he/she appears on title as co-owner only for financing purposes as co- mortgagor and does not reside or intend to reside at the leasehold property applied for; The applicant shall not have pending before the corporation an unrefused application to lease or purchase a residential lot. A husband and wife together, unless separated and living apart under a decree of separation issued by a court of competent jurisdiction, shall be entitled to purchase only one lot under this chapter; and 305-12 §15-305-18 (4 ) ( 5) 2 7   The applicant shall not own in fee simple land suitable for residential purposes within the county and in or reasonably near the place of employment or business of the applicant. A husband and wife together, unless separated and living apart under a decree of separation issued by a court of competent jurisdiction, shall be considered jointly in owning fee simple land. Provided that whenever any of the applicants on title to the subject lot owns other fee simple land(s) suitable for residential purposes in the county but is on title to the subject lot solely for purposes of mortgage financing as co-mortgagor and co-owner, such applicant shall not cause the disqualification of the subject lot for lease to fee conversion. Applicants who claim an exemption under this subpart shall comply with the following: (A) the applicant must provide a letter from a mortgage lender attesting to the necessity of having such co­ mortgagor/co-owner on leasehold title for mortgage purposes; and ( B ) the co-mortgagor/co-owner under this sub-part shall sign an affidavit that he/she appears on title as co-owner only for financing purposes as co­ mortgagor and does not reside or intend to reside at the leasehold property applied for; The applicant shall not have pending before the corporation an unrefused application to lease or purchase a residential lot. A husband and wife together, unless separated and living apart under a decree of separation issued by a court of competent jurisdiction, shall be entitled to purchase only one lot under this chapter; and 305-12 §15-305-21 (6) The applicant shall submit to the executive director copies of any mortgage or other encumbrance on the house and lot and shall provide any other information requested by the executive director in connection with the application. [Eff ti UN 15 ?007 ] (Auth: HRS §§516-7, 516-33) [Imp: HRS §516-7, 516-28, 516-33)