HAR §15-308-173. is amended

17. Chapter 308 is compiled. 308-1 HAWAII ADMINISTRATIVE RULES TITLE 15 DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM SUBTITLE 14 HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION CHAPTER 308 STATE ASSISTED SALES AND LEASE PROGRAM Subchapter 1 General Provisions §15-308-1 §15-308-2 §15-308-3 §15-308-4 Purpose Definitions References to other chapters Fees Subchapter 2 Eligibility and Preferences to Purchase Affordable Dwelling Units §15-308-21 §15-308-22 §15-308-23 §15-308-24 §15-308-25, §15-308-26 §15-308-27 §15-308-28 Purpose Eligibility Eligibility for current owners in corporation sponsored projects Eligibility for former owners in corporation sponsored projects Occupancy guidelines for sale units Counseling Preference in dwelling unit sales Information and verification Subchapter 3 Marketing and Sale of Affordable Dwelling Units §15-308-41 §15-308-42 §15-308-43 Marketing and sale of dwelling units Announcement, publication Application intake list, requirements 308-2 HAWAII ADMINISTRATIVE RULES TITLE 15 DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM SUBTITLE 14 HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION CHAPTER 308 STATE ASSISTED SALES AND LEASE PROGRAM Subchapter 1 General Provisions $15-308-1 §15-308-2 §15-308-3 §15-308-4 Purpose Definitions References to other chapters Fees Subchapter 2 Eligibility and Preferences to Purchase Affordable Dwelling Units §15-308-21 $15-308-22 $15-308-23 §15-308-24 $15-308-25 $15-308-26 §15-308-27 $15-308-28 Purpose Eligibility Eligibility for current owners in corporation sponsored projects Eligibility for former owners in corporation sponsored projects Occupancy guidelines for sale units Counseling Preference in dwelling unit sales Information and verification Subchapter 3 Marketing and Sale of Affordable Dwelling Units $15-308-41 §15-308-42 §15-308-43 Marketing and sale of dwelling units Announcement, publication Application intake list, requirements 308-2 §15-308-44 Sale of residential units Subchapter 4 Rental of Corporation-Owned' Dwelling Units §15-308-61 §15-308-62 §15-308-63 §15-308-64 §15-308-65 §15-308-66 §15-308-67 Eligibility Occupancy guidelines for rental units Preference for the rental of dwelling units Information and verification Rent determination Rental agreement Program administration Subchapter 5 Repurchase of Dwelling Units Subject to Restrictions §15-308-81 §15-308-82 §15-308-83 §15-308-84 §15-308-85 §15-308-86 §15-308-87 §15-308-88 §15-308-89 §15-308-90 Purpose Applicability Providing consent to additional financing Repurchase when owner seeks to transfer title Determination of repurchase price for purchases subject to restrictions Waiver by corporation of right to repurchase Release by corporation of right to purchase Procedures regarding repurchase by corporation and waiver of right of repurchase Resale or rental of repurchased dwelling unit 'Repurchase under foreclosure of properties subject to restrictions Subchapter 6 Shared Appreciation Equity Program Restrictions 308-3 I I I I $15-308-44 Sale of residential units Subchapter 4 Rental of Corporation-Owned Dwelling Units $15-308-61 $15-308-62 §15-308-63 §15-308-64 §15-308-65 S$15-308-66 §15-308-67 Eligibility Occupancy guidelines for rental units Preference for the rental of dwelling units Information and verification Rent determination Rental agreement Program administration Subchapter 5 Repurchase of Dwelling Units Subject to Restrictions $15-308-81 $15-308-82 S$15-308-83 $15-308-84 $15-308-85 S15-308-86 $15-308-87 §15-308-88 $15-308-89 §$15-308-90 Purpose Applicability Providing consent to additional financing Repurchase when owner seeks to transfer title Determination of repurchase price for purchases subject to restrictions Waiver by corporation of right to repurchase Release by corporation of right to purchase Procedures regarding repurchase by corporation and waiver of right of repurchase Resale or rental of repurchased dwelling unit Repurchase under foreclosure of properties subject to restrictions Subchapter 6 Shared Appreciation Equity Program Restrictions 308-3 t   1 I §15-308-101 §15-308-102 §15-308-103 §15-308-104 §15-308-105 §15-308-106 §15-308-107 §15-308-108 §15-308-109 §15-308-110 Purpose Applicability Corporation's percentage share of net appreciation Payment due on sale or transfer Definition of sale or transfer Permitted transfers Determination of fair market value Cancellation of the corporation's share of the net appreciation Exercise of the right to purchase restriction Prepayment of corporation's percentage share of net appreciation Subchapter 7 Owner Occupancy Waiver Procedures §15-308-121 §15-308-122 §15-308-123 §15-308-124 §15-308-125 §15-308-126 §15-308-127 §15-308-128 §15-308-129 §15-308-130 Purpose and applicability Application for temporary owner occupancy waiver Hardship circumstances required Duration of temporary waiver Allowable uses of the dwelling unit during the temporary waiver period Proof of occupancy Extension of the owner occupancy requirement Recovery of administrative expenses and Attorneys' fees Failure to reoccupy Extension of the temporary waiver period Subchapter 8 Procedures to Implement Qualified Resident Preferences in the Initial Sale of Market-Priced Dwelling Units §15-308-151 §15-308-152 §15-308-153 §15-308-154 Announcement; publication Designation of residential units Reservation list; requirements Sale of residential units 308-4 §15-308-101 $15-308-102 $15-308-103 $15-308-104 S$15-308-105 $15-308-106 §15-308-107 $15-308-108 $15-308-109 §15-308-110 Purpose Applicability Corporation's percentage share of net appreciation Payment due on sale or transfer Definition of sale or transfer Permitted transfers Determination of fair market value Cancellation of the corporation's share of the net appreciation Exercise of the right to purchase restriction Prepayment of corporation's percentage share of net appreciation Subchapter 7 Owner Occupancy Waiver Procedures $15-308-121 §$15-308-122 S15-308-123 §15-308-124 $15-308-125 §15-308-126 S15-308-127 S$15-308-128 S$15-308-129 §15-308-130 Purpose and applicability Application for temporary owner occupancy waiver Hardship circumstances required Duration of temporary waiver Allowable uses of the dwelling unit during the temporary waiver period Proof of occupancy Extension of the owner occupancy requirement Recovery of administrative expenses and Attorneys' fees Failure to reoccupy Extension of the temporary waiver period Subchapter 8 Procedures to Implement Qualified Resident Preferences in the Initial Sale of Market-Priced Dwelling Units §15-308-151 §15-308-152 §15-308-153 §15-308-154 Announcement; publication Designation of residential units Reservation list; requirements Sale of residential units 308-4 Subchapter 9 Administration of Corporation Leases §15-308-171 §15-308-172 §15-308-173 §15-308-174 §15-308-175 §15-308-176 Purpose Applicability Administration of residential leases General lease provisions Extension of fixed rent period or term for mortgage purposes Sale of leased fee interest of the land Historical Note: Chapter 308 of Title 15, Hawaii Administrative Rules, was formerly part of Chapter 15- 307, Hawaii Administrative Rules [Eff 12/04/10; am and comp 4/28/17], Chapter 373 of Title 6, Hawaii Administrative Rules [Eff 1/9/89; am 8/3/92; R 10/25/99], and Chapter 175 of Title 15, Hawaii Administrative Rules [Eff 10/25/99; R 12/04/10]. SUBCHAPTER 1 GENERAL PROVISIONS