HAR §15-306-15

HAR §15-306-15. Substantial changes

Last amended: 2022Length: 653 wordsOfficial source

Cite as Haw. Code R. § 15-306-15

If a contract for work on a certified project experiences substantial changes, the claimant must submit a revised, or amended, department of taxation form G-37 for certification by the corporation. This revised form G-37 must include the full amounts of the contract. A revised department of taxation schedule A to form G-37 must also be submitted, if applicable. For purposes of this section, "substantial changes" means changes of more than twenty per cent of the original contract amount, or more than $200,000. [Eff 12/11/10; comp 12/11/15; comp 10/27/18; comp FEB 1 8 2022 1 (Auth: HRS §§201H-36, 237-29) (Imp: HRS §§201H-36, 237-29) 306-17  §15-306-21 SUBCHAPTER 3 MISCELLANEOUS PROVISIONS §15-306-21 Exemptions for certain existing rental projects. Any existing rental project for which a general excise tax exemption was granted by the Hawaii housing authority prior to June 9, 1983, is not required to reapply for an exemption unless there is a change in use or ownership of the project which results in a change in the target tenant population. Upon such a change in use or ownership, application for recertification shall be made to the corporation. If qualified, the successive owner of the project may receive an annual exemption as long as the project remains an eligible housing project. [Eff 10/08/07; am 09/05/08; comp 12/11/10; comp 12/11/15; comp 10/27/18; comp 1 8 ] (Auth: HRS §237-29) (Imp: HRS§§ 201H-36, 237-29) §15-306-22 Exemption for other existing rental projects. The corporation may certify claimants for exemption of affordable rents of existing rental projects following a conveyance or transfer of ownership, provided that the following conditions are met: (1) The rental project was previously certified or approved for exemption from general excise taxes by the corporation or its predecessors; (2) The rental project will continue to meet the income criteria of an existing eligible housing project, pursuant to a deed restriction or other written agreement that restricts the use and operation of the project, and is recorded on the project; and (3) The claimant shall reapply for certification of the existing rental project. [Eff 12/11/15; comp 10/27 /18; comp FEB 1 8 ?0"7 J (Auth: HRS §237-29) (Imp: HRS§§ 201'frj~6, 237-29) 306-18 12/11/15; comp 10/27 /18; comp FEB 1 8 ?0"7 (Auth: HRS §237-29) (Imp: HRS§§ 201'frj~6, §15-306-21 SUBCHAPTER 3 MISCELLANEOUS PROVISIONS §15-306-21 Exemptions for certain existing rental projects. Any existing rental project for which a general excise tax exemption was granted by the Hawaii housing authority prior to June 9, 1983, is not required to reapply for an exemption unless there is a change in use or ownership of the project which results in a change in the target tenant population. Upon such a change in use or ownership, application for recertification shall be made to the corporation. If qualified, the successive owner of the project may receive an annual exemption as long as the project remains an eligible housing project. [Eff 10/08/07; am 09/05/08; comp 12/11/10; comp 12/11/15; comp 10/27/18; comp FEB 1 8 2022 I (Auth: HRS $237-29) (Imp: HRS§§ 201H-36, 237-29) §15-306-22 Exemption for other existing rental projects. The corporation may certify claimants for exemption of affordable rents of existing rental projects following a conveyance or transfer of ownership, provided that the following conditions are met: (1) The rental project was previously certified or approved for exemption from general excise taxes by the corporation or its predecessors; (2) The rental project will continue to meet the income criteria of an existing eligible housing project, pursuant to a deed restriction or other written agreement that restricts the use and operation of the project, and is recorded on the project; and (3) The claimant shall reapply for certification of the existing rental project. [Eff 12/11/ 15; comp 10/27/18; comp FEB 1 8.2022 1 (Auth: HRS $237-29) (Imp: HRS 8s 20'1(46, 237-29) 306-18 3454 §15-306-31 SUBCHAPTER 4 APPROVAL OR CERTIFICATION OF AFFORDABLE RENTAL HOUSING PROJECTS UNDER ACT 54, SESSION LAWS OF HAWAII 2017, AS AMENDED