REPORT TITLE:
Replacement housing


DESCRIPTION:
Authorizes the Housing and Community Development Corporation of
Hawaii (Corporation) to:
  (1)  Provide for a one-for-one replacement housing
      requirement for units being demolished, disposed of, or
      renovated;
  (2)  Retain its operating subsidies eligibility if the moneys
      are used for replacement housing within an unspecified
      timeframe; and
  (3)  Not adjust the amount the Corporation receives to
      modernize, improve, or rehabilitate a property if the
      moneys are used within an unspecified timeframe to
      replace housing or physical improvements to preserve
      viable public housing.  (HB2368 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2368
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO HOUSING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 201G, Hawaii Revised Statutes, is
 
 2 amended by adding a new subpart to part II to read as follows:
 
 3                    " .  REPLACEMENT HOUSING
 
 4      �201G-    One-for-one replacement housing.  Where an
 
 5 existing unit under a contract is demolished, disposed of, or
 
 6 renovated, the executive director may provide for an additional
 
 7 unit of public housing for each unit demolished, disposed of, or
 
 8 renovated.  Replacement units may be provided prior to
 
 9 demolishing, disposing of, or renovating obsolete units.
 
10      �201G-   Operating funds.  Where an existing unit under a
 
11 contract is demolished, disposed of, or renovated, the executive
 
12 director may adjust the operating subsidies the corporation
 
13 receives pursuant to part III; provided that the executive
 
14 director shall provide assistance under this section for any
 
15 replacement housing that:
 
16      (1)  Is available for occupancy within        years of the
 
17           demolition, disposition, or renovation;
 
18      (2)  Is public housing developed under or assistance under
 
19           this chapter;
 

 
Page 2                                                     2368
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (3)  Is operated as a public housing project as defined in
 
 2           section 201G-51; or
 
 3      (4)  Meets other requirements of the executive director.
 
 4      �201G-   Modernization funds.  Where an existing unit under
 
 5 a contract is demolished, disposed of, or renovated, the
 
 6 executive director may adjust the amount the corporation receives
 
 7 pursuant to part III to modernize, improve, or rehabilitate
 
 8 property; provided that for a       year period after demolition,
 
 9 disposition, or renovation under this section, the executive
 
10 director shall:
 
11      (1)  Provide for no adjustments, or a partial adjustment, of
 
12           the amount the corporation receives for modernization,
 
13           improvements, or rehabilitation; and
 
14      (2)  Use any additional amounts received as a result of this
 
15           section for replacement housing or physical
 
16           improvements necessary to preserve viable public
 
17           housing."
 
18      SECTION 2.  Section 201G-9, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]�201G-9[]]  Acquisition, use, disposition of property.
 
21 (a)  The corporation may acquire any real or personal property or
 
22 interest therein by purchase, exchange, gift, grant, lease, or
 
23 other means from any person or government to provide housing.
 

 
Page 3                                                     2368
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 Exchange of real property shall be in accordance with section
 
 2 171-50.
 
 3      (b)  The corporation may own or hold real property.  All
 
 4 real property owned or held by the corporation shall be exempt
 
 5 from mechanics' or materialmen's liens and also from levy and
 
 6 sale by virtue of an execution, and no execution or other
 
 7 judicial process shall issue against the same nor shall any
 
 8 judgment against the corporation be a charge or lien upon its
 
 9 real property; provided that this subsection shall not apply to
 
10 or limit the right of obligees to foreclose or otherwise enforce
 
11 any mortgage of the corporation or the right of obligees to
 
12 pursue any remedies for the enforcement of any pledge or lien
 
13 given by the corporation on its rents, fees, or revenues.  The
 
14 corporation and its property shall be exempt from all taxes and
 
15 assessments.
 
16      (c)  The corporation may lease or rent all or a portion of
 
17 any housing project and establish and revise the rents or charges
 
18 therefor.  The corporation may sell, exchange, transfer, assign,
 
19 or pledge any property, real or personal, or any interest therein
 
20 to any person or government.
 
21      (d)  The corporation may insure or provide for the insurance
 
22 of its property or operations against risks as it deems
 
23 advisable. 
 

 
Page 4                                                     2368
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (e)  The corporation shall provide persons displaced from a
 
 2 public housing project due to demolition, renovation, or
 
 3 disposition with alternative housing assistance to the extent
 
 4 possible."
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect upon its approval.