Bill Text: HI HB791 | 2024 | Regular Session | Introduced
Bill Title: Relating To Accessory Dwelling Units.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB791 Detail]
Download: Hawaii-2024-HB791-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
791 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to accessory dwelling units.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that affordable housing is an urgent
issue of public concern across the State.
The legislature notes that Act 279, Session Laws of Hawaii 1992,
established a two-year homeless assistance pilot project, known as the Hale
Kokua project, to provide incentives and assistance to private homeowners in
the city and county of Honolulu who set aside existing dwelling units, or
constructed new or improved existing dwelling units, to rent to families or
individuals classified as homeless under the project for a period of five
years. Subsequently, Act 167, Session
Laws of Hawaii 1998, reinstated the Hale Kokua program as a permanent program
under the housing and community development corporation of Hawaii that provided
incentives and assistance to private homeowners throughout the State who set
aside existing dwelling units, or constructed or renovated dwelling units, for
rental for a period of five years by families or individuals classified as
employed but homeless. In 2006, the Hale
Kokua program was placed under the Hawaii public housing authority by Act 180,
Session Laws of Hawaii 2006; however, the program was later repealed.
The legislature further
finds that homelessness is a statewide concern.
This issue is complex and requires continuous resources and coordinated
effort at all levels of government and the community. Among the options in addressing
homelessness and the lack of affordable housing in the State is a housing
assistance program that authorizes grants and monthly rental subsidies to
private property owners who set aside any existing rental space or improve or
construct a dwelling unit for
the purpose of renting their units to families or individuals who are homeless.
The purpose of this Act is to address the lack of affordable housing in the State by:
(1) Establishing a housing assistance program, to be carried out by a housing assistance program coordinator, that provides state grants and rental subsidies to private property owners who set aside existing accessory dwelling units or construct or improve accessory dwelling units on their properties and rent the units to families or individuals who are homeless;
(2) Establishing
a housing assistance program commission to support the housing assistance program;
and
(3) Appropriating
funds for the housing assistance program.
SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§346- Housing assistance program. (a)
There is established within the department a housing assistance program.
(b) The housing assistance program shall:
(1) Provide
state grants and state rental subsidies to private property owners, in a county
with a population greater than five hundred thousand, who set aside existing
accessory dwelling units, construct new accessory dwelling units, or improve existing
accessory dwelling units on their properties for rental for a period of five
years by families or individuals classified as homeless under the housing
assistance program;
(2) Be implemented by a housing assistance
program coordinator, who shall be appointed by the director, with the
assistance of the housing assistance program commission;
(3) Be administered by the director, who shall
adopt standards and develop a long-term framework necessary to implement the
housing assistance program statewide after its initial phase; and
(4) Prioritize placing homeless families who
have been homeless in the State the longest and have been living in parks,
cars, campgrounds, on the streets, or other public areas, into rental accessory
dwelling units made available under the housing assistance program.
(c) Assistance to any qualified property owner
providing rental housing to any homeless tenant under the housing assistance
program for a period of five years shall include but not be limited to at least
one of the following:
(1) The payment of up to
$ as a state grant
to offset the cost of constructing any separate structure upon the premises of
the owner's property in preparation for use as an accessory
dwelling unit under the housing assistance program;
(2) The
payment of up to $
as a state grant to offset the cost of renovating, improving, or building any
adjoining addition upon the premises of the owner's property in preparation for
use as an accessory dwelling unit under the housing assistance program;
(3) The
payment of a $
monthly state rent subsidy to supplement the monthly rental payments made by
the homeless tenant;
(4) Real
property tax waivers or rate reductions proposed by the housing assistance
program coordinator and approved by the council of the county in which the
property is located;
(5) Zoning
and building code exemptions applicable to the construction of adjoining or
separate accessory dwelling units on the owner's property; provided that any
construction of adjoining or separate accessory dwelling units on the owner's
property shall comply with all county zoning and building
ordinances and codes and all other county permitting requirements; provided further that the county,
by ordinance, may establish minimum development and construction standards for
these accessory dwelling units and procedures for approval thereto; and
(6) Other
incentives consistent with the purposes of the program that are adopted by the
housing assistance program coordinator to incentivize and facilitate the
participation of property owners in the housing assistance program.
(d) Any private property owner that withdraws
from the housing assistance program prior to the expiration of
years from the
time the property owner commences participation in the program or leaves an
accessory dwelling unit for more than one year shall return any state grant for
construction or renovation improvements within days of
the date of withdrawal. The department
may assess a property owner a penalty of up to three times the rental amount
received for each month the property owner receives a rental subsidy during
which time the accessory dwelling unit is vacant or the accessory dwelling unit
is rented to an individual or family who does not meet the requirements of the
housing assistance program. The housing
assistance program coordinator shall act to recover the grant, including but
not limited to filing liens against the real property of withdrawing property
owners. The respective county government
whose jurisdiction includes the rental site shall determine the disposition of
any additional accessory dwelling unit constructed with the grant.
(e) The director shall adopt rules, pursuant to
chapter 91, necessary to effectuate the purpose of the housing assistance
program; provided that any rules adopted before
, shall be exempt
from the public notice and public hearing requirements of chapter 91.
(f) Nothing in this section shall be deemed to
delegate or detract in any way from the functions, powers, and duties
prescribed by law for any other department or agency of the State or counties,
or interrupt or preclude the direct relationships of any department or agency
in the performance of its functions, powers, and duties.
§346- Housing assistance program commission. (a)
There is established the housing assistance program commission, which
shall consist of at least fourteen members to provide oversight over the
housing assistance program, including the provision of grants and subsidies and
advisory assistance to the housing assistance program coordinator in
implementing the program.
(b)
The members of the housing assistance program commission shall comprise
the following members or their respective designees:
(1) The director of human services, who
shall serve as an ex officio, voting member and chairperson of the committee;
(2) The
director of labor and industrial relations;
(3) The
director of health;
(4) The
director of taxation;
(5) The
superintendent of education;
(6) The executive director of the Hawaii
public housing authority;
(7) The
executive director of the Hawaii housing finance and development corporation;
(8) The
governor's coordinator on homelessness;
(9) The
director of the department of planning and permitting of the relevant county;
(10) The
executive director of the real property assessment division of the relevant
county;
(11) One
representative who shall be appointed by the governor;
(12) One
representative who shall be appointed by the mayor of the relevant county;
(13) One
representative from a nonprofit organization, who shall be appointed by the
president of the senate;
(14) One
representative from a nonprofit organization, who shall be appointed by the
speaker of the house of representatives; and
(15) Other
individuals that the housing assistance committee deems necessary.
The members of the housing assistance program
commission shall serve without compensation but shall be reimbursed for
necessary expenses, including travel expenses, incurred in the performance of
their duties.
§346- Housing assistance program coordinator. (a)
The director shall appoint a housing assistance program coordinator to implement
the housing assistance program. The
housing assistance program coordinator may be assisted by one administrative
assistant and one clerical staff member, both of whom shall be appointed by the
director without regard to chapter 76.
The housing assistance program coordinator, with the approval of the
director, may contract with private entities to carry out the duties and
responsibilities of the housing assistance program.
(b) Under the supervision of the director, the
duties of the housing assistance program coordinator shall include:
(1) Carrying
out the requirements of the housing assistance program;
(2) Developing and adopting the requirements
and qualifications, registration, background check, initial screening, and
follow-up post-placement procedures necessary to determine the housing
assistance program's ability to make rental payments and the need for social
services and referrals for homeless families and individuals in order to
qualify as tenants under the program.
The housing assistance program coordinator shall prioritize the
placement of homeless families living in parks, cars, campgrounds, on the
streets, or other public areas, into rental accessory dwelling units under the
program;
(3) Developing and adopting the requirements,
qualifications, and registration procedures necessary for property owners who
provide rental housing to qualified homeless tenants; provided that priority
shall be given to property owners not requesting construction grants;
(4) Developing appropriate waivers of liability
and adopting procedures necessary to place qualified tenants who are homeless
with property owners participating in the housing assistance program; provided
that each participating property owner shall have the opportunity to conduct
interviews and make the final tenant selection from a list of prospective
tenants compiled by the housing assistance program coordinator;
(5) Establishing the procedures and
requirements necessary for the disbursement of building improvement grants and
rental subsidies to property owners participating in the housing assistance program;
(6) Working with the relevant county to develop
and propose uniform incentives, including real property tax waivers or
reductions and exemptions in zoning or building code requirements, to encourage
and facilitate the participation of property owners;
(7) Monitoring the financial status and
progress of recovery of the homeless tenants and cooperating with other
agencies in establishing and coordinating self-help, job training, and other
self-improvement programs for persons who are homeless;
(8) Promoting and assisting in the development
of employer-employee relationships between homeless tenants and participating
property owners, including but not limited to tenant caretaker, housekeeper, or
groundskeeper employment situations;
(9) Assisting homeless families and individuals
wishing to return or relocate to out-of-state locations with the relocation
process;
(10) Securing financial, in-kind, and
administrative assistance from law enforcement and other state and county
agencies and the private sector to implement the housing assistance program;
(11) Securing funding assistance from federal
agencies and programs involved in housing development, job training, or
homeless assistance;
(12) Reporting monthly to the housing assistance
program commission; and
(13) Monitoring the overall progress of the
housing assistance program and collecting annual statistics on the numbers of
homeless individuals, homeless families, and homeless children housed by the
program, using measurement systems that are aligned with national surveys and
studies on homelessness.
(c) The housing assistance program coordinator
shall prepare interim reports on the status of the housing assistance program
in each year after the first year of the program's operation, which shall be
submitted to the legislature no later than twenty days prior to the convening
of each regular session while the program is in existence. The reports shall include the annual
statistics required by subsection (b)(13) and other relevant information.
(d) The housing assistance program coordinator
shall prepare a final report on the housing assistance program after the
program has ended. The housing
assistance program coordinator shall submit the report, which shall contain
findings and recommendations, including recommendations on ways to encourage
participating property owners to commit to further participation in the program
and details of the framework needed to implement the project statewide, and any
proposed legislation, to the legislature no later than twenty days prior to the
convening of the regular session of ."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 for the purposes of this Act.
The sums appropriated shall be expended by the department of human services for the purposes of this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2023, and shall be repealed on June 30, 2029; provided that the housing assistance program commission shall be repealed on June 30, 2025, or upon approval of two thousand accessory dwelling units pursuant to this Act, whichever is sooner.
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INTRODUCED BY: |
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Report Title:
Housing Assistance Program; Coordinator; Commission; Subsidies; Grants; Department of Human Services; Accessory Dwelling Units; Property Owners; Homelessness; Appropriation
Description:
Establishes the housing assistance program, to be carried out by the housing assistance program coordinator, within the department of human services to provide state grants and rental subsidies to private property owners who set aside, construct, or improve accessory dwelling units on their properties and rent the units to families or individuals who are homeless. Establishes the temporary housing assistance program commission and positions to support the housing assistance program. Appropriates funds. Sunsets 6/30/2029.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
