Haw. Code R. § 15-308-27 - Preference in dwelling unit sales

(a) Unless otherwise provided in this chapter, in the sale of dwelling units by the corporation, the corporation, or an eligible developer, may give preference to applicants on the basis of overall need and to applicants who:

(1) Are former owners of a dwelling unit repurchased by the corporation due to a construction or soil defect; provided that the former owner has not purchased another dwelling unit or land pursuant to section 15-308-148;

(2) Meet the occupancy guidelines set forth in section 15-308-25; provided that for projects with multiple income level groupings, preference shall also be based upon the lowest income group and greater household size;

(3) For single-family detached dwelling unit projects, applicants having legal dependents, excluding the applicants' spouses, as defined in the applicable regulations of the Internal Revenue Service and as shown on the applicants' or co-applicants' state income tax returns, divorce decrees having sole or joint custody, or other documents which are to be submitted upon the request of the corporation. If preference was given due to birth of a child or pregnancy after the tax return year, verification of newborn children shall be made at the time of application, lot selection and purchase;

(4) Have, as homeowners, been displaced from their homes because of governmental action;

(5) For income preferences only, income preference shall be based on household size and annual gross household income as established by the corporation using amounts determined by HUD. All income for household members eighteen years of age and older who are currently residing with the household and will physically reside in the dwelling unit to be purchased shall be added to the gross household income to determine the income preference. The corporation shall determine the income preference for each project;

(6) Are currently residing in public housing or have relocated because of income disqualifications from public housing;

(7) For multi-family projects only, are persons with disabilities or whose household members are persons with disabilities; or

(8) Have larger household sizes than other applicants; provided that the household size does not exceed the applicable county occupancy standards.

(b) Not more than twenty per cent of all affordable dwelling units in a specific project, as determined by the corporation, shall be for applicants with a preference as provided in paragraph (b)(1), (4), (6), and (7) however, the corporation may establish a limit on the number of units for which preference is provided on a project-by-project basis.

(c) Other preferences may be determined by the corporation for a specific project.

Notes

Haw. Code R. § 15-308-27

[Eff 1/15/2022] (Auth; HRS § 201H-4) (Imp: HRS §§ 201H-31, 201H-33, 201H-45) Am and comp 12/10/2022