Haw. Code R. § 15-218-17 - Requirement for reserved housing units
(a) Every developer
applying for a development permit for approval to construct multi-family
dwelling units on a lot greater than 20,000 gross square feet shall provide at
least twenty percent of the total number of residential units in the
development as reserved housing units. Reserved housing units may be provided
as for-sale units or rental units.
(b) Reserved housing units shall be sold or
rented to persons qualifying under the terms and conditions set forth under
subchapter
3. The developer shall execute
agreements with the HCDA as are appropriate to conform to this requirement, and
the agreements shall be binding upon the developer and any successors in
interest, and shall run with the land. The agreement shall provide that the
developer must provide certification to the authority as to the compliance of
the requirements herein to qualify for a certificate of occupancy for the
project for which provisions of this chapter are applicable.
(c) Occupants of reserved housing units shall
have access to and use privileges for the same amenities as all other occupants
of the development. Reserved housing units shall be distributed in the building
in such a manner that they do not form an isolated section of the
project.
(d) If the authority so
determines, it may allow the developer to meet the requirement of subsection
(a) through the following alternatives instead of providing reserved housing
units within the development:
(1) By
providing reserved housing units elsewhere within the mauka area;
(2) By providing reserved housing units
elsewhere within urban Honolulu. The authority may impose additional reserved
housing requirements in approving transfer of reserved housing from mauka area
to other locations within urban Honolulu. The additional reserved housing
requirements shall be determined on a case-by-case basis by the authority at
the time of approval of the development permit; or
(3) By allowing a cash-in-lieu payment
instead of providing reserved housing units.
(e) The construction of reserved housing
units shall commence prior to the issuance of the initial certificate of
occupancy for the project for which reserved housing is required and shall be
secured by the developer with a financial guaranty bond from a surety company
authorized to do business in Hawaii, an acceptable construction set-aside
letter, or other financial instruments acceptable to the authority prior to the
approval of the building permit for the project by the authority. In addition,
the developer shall provide the authority a copy of a duly executed
construction contract with a general construction contractor licensed to
conduct business in the State of Hawaii for the construction of the reserved
housing units.
(f) The developer
shall execute such agreements as are necessary to implement any alternative
reserved housing requirement, and such agreements shall be binding upon the
developer and any successors in interest, and shall run with the
land.
(g) Licensed life care
facilities shall be exempt from the reserved housing requirement. In a proposed
development that includes licensed life care facilities as well as residential
dwelling units, the reserved housing requirements shall apply only to the
residential dwelling portion of the development.
(h) No construction shall commence for any
development within the mauka area on a lot greater than 20,000 square feet
unless the development conforms to the provisions of this chapter and the
authority has certified that the development complies with the requirements of
this chapter.
(i) The authority may
require guarantees, may enter into recorded agreements with developers and with
purchasers and tenants of the reserved housing units, and may take other
appropriate steps necessary to ensure that the reserved housing units are
provided and that they are occupied by qualified persons for the regulated
term.
(j) The authority may suspend
the requirements for reserved housing for a limited duration or modify any
provisions of this rule, if, based on market conditions and in its sole
judgment, it determines that the requirements of this rule may unduly impede,
preclude, or otherwise negatively impact the primary objective of the authority
to promote redevelopment within the Kakaako community development
district.
(k) When it has been
assured to the satisfaction of the authority and it has determined that the
proposed development meets the requirements and standards of this section, the
authority shall certify the development permit application approved as to the
reserved housing requirements of this chapter.
Notes
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