REPORT TITLE:
Public Housing 

DESCRIPTION:
Requires two public members on board of housing and community
development corporation of Hawaii to be from the board of a
nonprofit tenant association; repeals exemption of HCDC from
landlord-tenant code, except as to evictions.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           148
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HOUSING AND COMMUNITY DEVELOPMENT. 


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

 1      SECTION 1.  Chapter 521, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�521-    Application of chapter to housing and community
 
 5 development corporation of Hawaii.  This chapter shall apply to
 
 6 the housing and community development corporation of Hawaii,
 
 7 except as to evictions."
 
 8      SECTION 2.  Section 201G-3, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (a) to read as follows:
 
10      "(a)  There is created a board consisting of nine members,
 
11 of whom six shall be public members appointed by the governor as
 
12 provided in section 26-34.  Public members shall be appointed
 
13 from each of the counties of Honolulu, Hawaii, Maui, and Kauai.
 
14 One public member shall be the chairperson of the rental housing
 
15 trust fund advisory commission.  Two public members shall be
 
16 appointed from the boards of nonprofit corporations that are
 
17 statewide associations of public housing residents, qualifying
 
18 under section 501(c)(e) of the Internal Revenue Code of 1986, as
 
19 amended.  The public members of the board shall serve four-year
 

 
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 1 staggered terms; provided that the initial appointments shall be
 
 2 as follows: two members to be appointed for four years; two
 
 3 members to be appointed for three years; and two members to be
 
 4 appointed for two years.  The director of business, economic
 
 5 development, and tourism and the director of human services, or
 
 6 their designated representatives, and a representative of the
 
 7 governor's office, shall be ex officio voting members.  The
 
 8 corporation shall be headed by the board."
 
 9      SECTION 3.  Section 521-7, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "�521-7 Exclusions from application of chapter.  Unless
 
12 created solely to avoid the application of this chapter, this
 
13 chapter shall not apply to:
 
14      (1)  Residence at an institution, whether public or private,
 
15           where residence is merely incidental to detention or
 
16           the provision of medical, geriatric, educational,
 
17           religious, or similar services;
 
18      (2)  Residence in a structure directly controlled and
 
19           managed by the University of Hawaii for housing
 
20           students or faculty of the University of Hawaii or
 
21           residence in a structure erected on land leased from
 
22           the University of Hawaii by a nonprofit corporation for
 
23           the exclusive purpose of housing students or faculty of
 

 
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 1           the University of Hawaii;
 
 2      (3)  Occupancy under a bona fide contract of sale of the
 
 3           dwelling unit or the property of which it is a part
 
 4           where the tenant is, or succeeds to the interest of,
 
 5           the purchaser;
 
 6      (4)  Residence by a member of a fraternal organization in a
 
 7           structure operated without profit for the benefit of
 
 8           the organization;
 
 9      (5)  Transient occupancy on a day-to-day basis in a hotel or
 
10           motel;
 
11      (6)  Occupancy by an employee of the owner or landlord whose
 
12           right to occupancy is conditional upon such employment
 
13           or by a pensioner of the owner or landlord or occupancy
 
14           for a period of up to four years subsequent thereto,
 
15           pursuant to a plan for the transfer of the dwelling
 
16           unit or the property of which it is a part to the
 
17           occupant;
 
18      (7)  A lease of improved residential land for a term of
 
19           fifteen years or more, measured from the date of the
 
20           commencement of the lease;
 
21      (8)  Occupancy by the prospective purchaser after an
 
22           accepted offer to purchase and prior to the actual
 
23           transfer of the owner's rights;
 

 
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 1      (9)  Occupancy in a homeless facility, or any other program
 
 2           for the homeless authorized under chapter 201G,
 
 3           part IV; 
 
 4    [(10)  Residence or occupancy in a public housing complex or
 
 5           shelter directly controlled, owned, or managed by the
 
 6           housing and community development corporation of
 
 7           Hawaii;] or 
 
 8    [(11)] (10) Residence or occupancy in a transitional facility
 
 9           for abused family or household members."
 
10      SECTION 4.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 5.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:  _______________________