HAR §15-308-126
HAR §15-308-126. Proof of occupancy
Cite as Haw. Code R. § 15-308-126
A waiver may
be granted only to qualified residents who have paid
resident state income taxes during all years in which
they occupied the dwelling unit.
The owner shall
continue to pay resident state income taxes during the
waiver period.
The owner shall submit signed Hawaii
state income tax returns for each year of the
temporary waiver period.
[Eff 1/15/22;
comp
1 Q
] (Auth:
HRS §§201H-4, 201H-49)
(Imp:
HRS §20
9)
§15-308-127
Extension of the owner occupancy
requirement.
The corporation may extend the owner
occupancy requirement by one month for every month or
fraction thereof that the owner occupancy requirement
of section 201H-49, HRS
is temporarily waived.
[Eff 1/15/22; comp
102022] (Auth:
HRS §§201H-
4, 201H-49)
(Imp:
HRS §201H-49)
§15-308-128
Recovery of administrative expenses
and attorneys' fees.
The corporation may recover all
relevant administrative expenses and attorneys' fees
308-49
q
I
comp
( Imp :
DEC 1 0 2022 1
(Auth :
HRS §201H- 4 9 )
HRS §S2 01H- 4 , 2 01H- 4 9 )
§15-308-125 Allowable uses of the dwelling unit
during the temporary waiver period .
During the
temporary waiver period, the dwelling unit may be
rented or leased, provided that the owner complies
with all applicable laws .
The amount of monthly rent
that may be charged by the owner shall not exceed ( 1 )
the corporation ' s affordable rent guidelines or ( 2 )
the owner ' s monthly mortgage payments for principal ,
interest, taxes, and applicable payments for mortgage
insurance , homeowner association fees , maintenance
fees , and lease rent ; whichever is greater .
The
applicant shall submit to the corporation a signed
rental agreement .
Subletting is not allowed .
[Eff 1 / 15/2 2 ; comp
DEC 1 ) 2022 1 (Auth :
HRS SS20 1H-
4 , 201H-49) ( Imp :
HRS §201H- 4 9 )