| 47 | | - | SECTION 1. The legislature finds that the State is facing an affordable housing crisis. Although significant efforts have been made to facilitate the production of more housing and remove barriers to the development of affordable housing, these developments have had the unintended consequence of displacing and dislocating the tenants who were living in rental housing marked for redevelopment. The legislature further finds that displacement, whether due to redevelopment, rising rents, or other factors, has profound impacts on individuals, families, and communities. Tenants forced out of their housing due to redevelopment face the loss of social networks and economic stability in addition to their loss of housing. These disruptions are most keenly felt by vulnerable populations, who face the loss of critical support systems that buffer the effects of economic and social disadvantage. The legislature additionally finds that residential instability caused by displacement is linked to numerous negative health and social outcomes, particularly for children and youth. Studies show that frequent moves are correlated with decreased academic performance, increased drug and alcohol use, behavioral issues, and diminished health outcome. In addition to harming the individual, these outcomes also erode social support networks and communities, making it harder for families to thrive and neighborhoods to remain resilient. Communities that are able to maintain long-term stability provide vital connections to resources, support systems, a sense of belonging, and access to upward mobility. The legislature believes that while the State must continue to prioritize the production of affordable housing, it is equally important to ensure that these developments do not result in the unnecessary displacement of the communities meant to benefit from the creation of additional affordable housing. Accordingly, the purpose of this Act is to: (1) Require developers of affordable housing projects under the Hawaii housing finance and development corporation completed with state or federal funds that result in the displacement or eviction of tenants in existing rental properties to: (A) Grant certain tenants displaced or evicted by the proposed affordable housing project the right of first refusal of a comparable unit in the housing project at an affordable rate or establish a fund to provide relocation benefits and offer assistance to the tenants; (B) Provide information to the tenants, either directly or through a contracted service, on how to obtain assistance and exercise the right of first refusal; and (C) Establish procedures to maintain communication with displaced and evicted tenants; and (2) Specify that a developer's failure to comply shall subject the developer to certain actions by the Hawaii housing finance and development corporation. SECTION 2. Section 201H-38, Hawaii Revised Statutes, is amended to read as follows: "§201H-38 Housing development; exemption from statutes, ordinances, charter provisions, and rules. (a) The corporation may develop on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects that shall be exempt from all statutes, charter provisions, ordinances, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon; provided that either: (1) The housing projects meet the following conditions: (A) The corporation finds the housing project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety; (B) The development of the proposed housing project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of the various boards of water supply authorized under chapter 54; (C) The legislative body of the county in which the housing project is to be situated has approved the project with or without modifications: (i) The legislative body shall approve, approve with modification, or disapprove the project by resolution within forty-five days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the forty-sixth day a project is not disapproved, it shall be deemed approved by the legislative body; (ii) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving the plans and specifications; and (iii) The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. For the purposes of sections 501-85 and 502-17, the executive director of the corporation or the responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; [and] (D) The land use commission has approved, approved with modification, or disapproved a boundary change within forty-five days after the corporation has submitted a petition to the commission as provided in section 205-4. If, on the forty-sixth day, the petition is not disapproved, it shall be deemed approved by the commission; [or] and (E) If the proposed housing project will result in the displacement or eviction of tenant households living in units affordable to families earning one hundred forty per cent or below of the applicable area median income, the developer of the proposed housing project shall: (i) Offer the displaced or evicted tenants the right of first refusal for a comparable unit available in the proposed housing project or establish a fund and create a relocation program to provide relocation benefits and offer assistance to the displaced or evicted tenants; provided that, if the developer opts to provide relocation benefits, the displaced or evicted tenant may choose to receive either three separate payments with each payment equal to no less than one month's rent in a comparable unit or a lump sum equal to no less than three month's rent; provided further that relocation benefits may be provided either as a rent waiver or as a direct cash payment; (ii) Provide, either directly or through a contracted service, information to the displaced or evicted tenants on how to obtain relocation assistance, and how to exercise their right of first refusal upon completion of the proposed housing project; and (iii) Establish procedures to track and maintain communication with the displaced or evicted tenants; provided that communication under this clause shall commence one hundred twenty days before the developer sends the notice to vacate and shall last throughout completion of the proposed housing project, at which time the developer shall offer and implement the right of first refusal to the displaced or evicted tenants, if that option is chosen by the developer under clause (i). Communication required under this clause shall end only when all displaced or evicted tenants have either declined to exercise or have exercised the right of first refusal; provided that for projects developed under federal programs for affordable housing that offer relocation payments and other relocation assistance to displaced and evicted tenants, the federal regulations that offer greater protections to tenants shall control. Nothing in this subparagraph shall be construed to confer less protection to displaced or evicted tenants than that which is currently available under federal or state law, regulations, or rules; or (2) The housing projects: (A) Meet the conditions of paragraph (1); (B) Do not impose stricter income requirements than those adopted or established by the State; and (C) For the lifetime of the project, require one hundred per cent of the units in the project be exclusively for qualified residents. (b) If a developer fails to comply with the requirements in subsection (a)(1)(E), the corporation shall: (1) Delay or fail threshold review of the developer's application for funding; (2) Halt relocation until non-compliance is cured; (3) Withhold disbursements of program funds until non-compliance is cured; or (4) Deem the developer ineligible to participate in all corporation programs for no less than one year. [(b)] (c) For the purposes of this section, "government assistance program" means a housing program qualified by the corporation and administered or operated by the corporation or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. The legislature finds that the State is facing an affordable housing crisis. Although significant efforts have been made to facilitate the production of more housing and remove barriers to the development of affordable housing, these developments have had the unintended consequence of displacing and dislocating the tenants who were living in rental housing marked for redevelopment. The legislature further finds that displacement, whether due to redevelopment, rising rents, or other factors, has profound impacts on individuals, families, and communities. Tenants forced out of their housing due to redevelopment face the loss of social networks and economic stability in addition to their loss of housing. These disruptions are most keenly felt by vulnerable populations, who face the loss of critical support systems that buffer the effects of economic and social disadvantage. The legislature additionally finds that residential instability caused by displacement is linked to numerous negative health and social outcomes, particularly for children and youth. Studies show that frequent moves are correlated with decreased academic performance, increased drug and alcohol use, behavioral issues, and diminished health outcome. In addition to harming the individual, these outcomes also erode social support networks and communities, making it harder for families to thrive and neighborhoods to remain resilient. Communities that are able to maintain long-term stability provide vital connections to resources, support systems, a sense of belonging, and access to upward mobility. The legislature believes that while the State must continue to prioritize the production of affordable housing, it is equally important to ensure that these developments do not result in the unnecessary displacement of the communities meant to benefit from the creation of additional affordable housing. Accordingly, the purpose of this Act is to: (1) Require developers of affordable housing projects under the Hawaii housing development and finance corporation completed with state or federal funds that result in the displacement or eviction of tenants in existing rental properties to: (A) Grant certain persons displaced or evicted by the proposed affordable housing project the right of first refusal of a comparable unit in the housing project at an affordable rate or establish a fund to provide relocation benefits and offer assistance to the tenants; (B) Provide information, either directly or through a contracted service, on how to obtain assistance and exercise the right of first refusal; and (C) Establish procedures to maintain communication with displaced and evicted tenants; and (2) Specify that a developer's failure to comply subjects the developer to certain actions by the Hawaii housing finance and development corporation. SECTION 2. Section 201H-38, Hawaii Revised Statutes, is amended to read as follows: "§201H-38 Housing development; exemption from statutes, ordinances, charter provisions, and rules. (a) The corporation may develop on behalf of the State or with an eligible developer, or may assist under a government assistance program in the development of, housing projects that shall be exempt from all statutes, charter provisions, ordinances, and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon; provided that either: (1) The housing projects meet the following conditions: (A) The corporation finds the housing project is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety; (B) The development of the proposed housing project does not contravene any safety standards, tariffs, or rates and fees approved by the public utilities commission for public utilities or of the various boards of water supply authorized under chapter 54; (C) The legislative body of the county in which the housing project is to be situated has approved the project with or without modifications: (i) The legislative body shall approve, approve with modification, or disapprove the project by resolution within forty-five days after the corporation has submitted the preliminary plans and specifications for the project to the legislative body. If on the forty-sixth day a project is not disapproved, it shall be deemed approved by the legislative body; (ii) No action shall be prosecuted or maintained against any county, its officials, or employees on account of actions taken by them in reviewing, approving, modifying, or disapproving the plans and specifications; and (iii) The final plans and specifications for the project shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the zoning, building, construction, and subdivision standards for that project. For purposes of sections 501-85 and 502-17, the executive director of the corporation or the responsible county official may certify maps and plans of lands connected with the project as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; [and] (D) The land use commission has approved, approved with modification, or disapproved a boundary change within forty-five days after the corporation has submitted a petition to the commission as provided in section 205-4. If, on the forty-sixth day, the petition is not disapproved, it shall be deemed approved by the commission; [or] and (E) If the proposed housing project will result in the displacement or eviction of tenant households living in units whose value is affordable to families earning one hundred forty per cent or below of the applicable area median income, the developer of the proposed housing project shall: (i) Offer the displaced or evicted tenants the right of first refusal for a comparable unit available in the proposed housing project at a rate no greater than the amount the tenant was paying in the existing development, subject to inflation, or establish a fund and create a relocation program to provide relocation benefits and offer assistance to the displaced or evicted tenants; provided that if the developer opts to provide relocation benefits, the displaced or evicted tenant may choose to receive either three separate payments with each payment equal to no less than one month's rent in a comparable unit or a lump sum equal to no less than three month's rent; provided further that relocation benefits may be provided either as a rent waiver or as a direct cash payment; (ii) Provide, either directly or through a contracted service, information to the displaced or evicted tenants on how to obtain relocation assistance, and how to exercise their right of first refusal upon completion of the proposed housing project; and (iii) Establish procedures to track and maintain communication with the displaced or evicted tenants; provided that communication under this clause shall commence one hundred twenty days before the developer sends the notice to vacate and shall last throughout completion of the proposed housing project, at which time the developer shall offer and implement the right of first refusal to the displaced or evicted tenants, if that option is chosen by the developer under clause (i). Communication required under this clause shall end only when all displaced or evicted tenants have either declined to exercise or have exercised the right of first refusal; provided that for projects developed under federal programs for affordable housing that offer relocation payments and other relocation assistance to displaced and evicted tenants, the federal regulations that offer greater protections to tenants shall control. Nothing in this subparagraph shall be construed to confer less protection to displaced or evicted tenants than that which is currently available under federal or state law, regulations, or rules; or (2) The housing projects: (A) Meet the conditions of paragraph (1); (B) Do not impose stricter income requirements than those adopted or established by the State; and (C) For the lifetime of the project, require one hundred per cent of the units in the project be exclusively for qualified residents. (b) If a developer fails to comply with the requirements in subsection (a)(1)(E), the corporation shall: (1) Delay or fail threshold review of the developer's application for funding; (2) Halt relocation until non-compliance is cured; (3) Withhold disbursements of program funds until non-compliance is cured; or (4) Deem the developer ineligible to participate in all corporation programs for no less than one year. [(b)] (c) For the purposes of this section, "government assistance program" means a housing program qualified by the corporation and administered or operated by the corporation or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise." SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 3000. |
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