HAR §15-308-42
HAR §15-308-42. Announcement, publication
Cite as Haw. Code R. § 15-308-42
For a
period of thirty calendar days, the developer shall
publish or cause to be published in the classified
section of at least one newspaper published daily in
the State and having a general circulation in the
county in which the project is located, at least twice
a week, or once a week if paired with another form of
public notice such as a designated project website or
informational meeting, an announcement containing at
minimum a summary of the following information:
(1)
The location of the project;
( 2)
A fair and reasonable estimate of:
( A )
The total number of affordable units to
be included in the project;
(B)
The price range of the affordable
units;
( C)
The approximate size of the affordable
units; and
(D)
A designation whether the affordable
units are being sold in fee simple or
leasehold;
( 3)
A statement that one hundred per cent of the
affordable units are being sold in fee
simple or leasehold;
( 4)
The definition of ""first-time homebuyer""
and ""qualified resident"" as contained in
section 201H-32, HRS;
308-24
(5)
The name and address of the real estate
broker designated by the developer, whom
eligible purchasers may contact to be placed
on a reservation list, and to obtain further
information on the project; and
(6)
A statement that the affordable units will
be available to any eligible purchaser
without regard to race, sex, color,
religion, marital status, familial status,
national origin, person with a disability
status, age, or HIV (human immunodeficiency
virus) infection.
The publication shall also include the United
States Department of Housing and Urban Development's
equal housing opportunity slo~an or logo.
[Eff 1/15/22; am and comp
Dt.C 102022 ]
(Auth:
HRS
§201H-4) (Imp:
24 CFR Part 108; 24 CFR Part 200,
Subpart M; HRS §§201H-1, 201H-45, 515-3)
§15-308-43
Application intake list,
requirements.
(a)
During the initial offering period
of thirty calendar days, the developer's designated
broker shall compile an application intake list
consisting of the names, addresses, and phone numbers
of all individuals stating a desire to purchase an
affordable unit contained in the announced project.
(b)
The application intake list shall be
compiled in the order in which applicants have
submitted to the agent an acknowledgement that the
applicant meets the definition of "first-time
homebuyer" or "qualified resident" and intends to
become a purchaser of an affordable unit.
(c)
Any individual who makes any false statement
in the acknowledgement is subject to criminal charges
and civil action under the laws of this State. Any
individual found to have willfully submitted false
information, made misstatements, or withheld important
information shall be deemed to be ineligible for the
project and disqualified from future corporation-
assisted projects, provided that the corporation shall
not waive its right to pursue any other recourse
provided by law.
308-25
4 -
(5)
The name and address of the real estate
broker designated by the developer, whom
eligible purchasers may contact to be placed
on a reservation list, and to obtain further
information on the project; and
(6 )
A statement that the affordable units will
be available to any eligible purchaser
without regard to race, sex, color,
religion, marital status, familial status,
national origin, person with a disability
status, age, or HIV (human immunodeficiency
virus) infection.
The publication shall also include the United
States Department of Housing and Urban Development's
equal housing opportunity sl?gen or logo.
[Eff 1/15/22; am and comp
DEC 1 ) 202Z 1
(Auth:
HRS
§201H-4) (Imp:
24 CFR Part 108; 24 CFR Part 200,
Subpart M; HRS §§201H-1, 201H-45, 515-3)
§15-308-43 Application intake list,
requirements.
(a)
During the initial offering period
of thirty calendar days, the developer's designated
broker shall compile an application intake list
consisting of the names, addresses, and phone numbers
of all individuals stating a desire to purchase an
affordable unit contained in the announced project.
(b)
The application intake list shall be
compiled in the order in which applicants have
submitted to the agent an acknowledgement that the
applicant meets the definition of "first-time
homebuyer" or "qualified resident" and intends to
become a purchaser of an affordable unit.
(c)
Any individual who makes any false statement
in the acknowledgement is subject to criminal charges
and civil action under the laws of this State. Any
individual found to have willfully submitted false
information, made misstatements, or withheld important
information shall be deemed to be ineligible for the
project and disqualified from future corporation
assisted projects, provided that the corporation shall
not waive its right to pursue any other recourse
provided by law.
308-25
(d)
The developer shall submit the application
intake list and the applicants' acknowledgement to the
corporation within ten days of the expiration of the
initial thirty day offering period.
The corporation
will provide the developer with an eligible purchaser
list, which shall list the applicants approved as
"first-time homebuyers" or "qualified residents."
The
developer shall offer affordable units to the
individuals on the eligible purchaser list as
described in section 15-308-44.
(e)
Thirty days before the close of project
sales, the developer shall submit to the corporation a
summary of which individuals on the eligible purchaser
list purchased an affordable unit, which did not
purchase an affordable unit, and the applicant's
reason for not purchasing a unit.
From time to time,
the corporation may request an updated summary from
the dev
O_I)er.
[Eff 1/15/22; am and
comp
t:
0 2022 ] (Auth:
HRS §201H-4)
(Imp:
HRS
§§201H-1, 201H-45)