For the purposes of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
Affordable Rental Housing Project. A multifamily dwelling containing only dwelling units that meet all of the following criteria:
(1) (A) At least 80 percent of the total units are rented to households earning 100 percent and below of the AMI; and
(B) For a period of at least 15 years after a certificate of occupancy is issued for the affordable rental housing project, the affordable units are rented at or below the rental rate limits established by the United States Department of Housing and Urban Development for households earning 100 percent of the AMI for the applicable household size;
(2) No more than 20 percent of the total units in the affordable rental housing project are occupied by the property owners or individuals who are related by blood, marriage, or adoption to the property owners;
(3) Households occupying affordable rental housing units must have a lease for the unit with a minimum six month term, and a prohibition against subleasing;
(4) All leases for dwelling units must allow the lessee to terminate the lease early if the lessee or any member of the lessee's family residing with the lessee is rendered unable to access the unit by reason of an accident or medical condition;
(5) The fee owners of the land on which an affordable rental housing project is situated shall execute a declaration of restrictive covenants, and shall file a copy thereof with the department of planning and permitting prior to the issuance of a building permit for the affordable rental housing project; and
(6) A certification must be filed annually with the director of budget and fiscal services using a form provided by the director of budget and fiscal services, affirming that at least 80 percent of the total units in the affordable rental housing are affordable rental housing units and no more than 20 percent of the total units in the affordable rental housing are occupied by the property owners or individuals who are related by blood, marriage, or adoption to the property owners.
Affordable Rental Housing Unit. A unit in an affordable rental housing project that:
(1) Is rented to a household earning 100 percent and below of the AMI; and
(2) For a period of at least 15 years after a certificate of occupancy is issued for the affordable rental housing project, the affordable units are rented at or below the rental rate limits established by the United States Department of Housing and Urban Development for households earning 100 percent of the AMI for the applicable household size.
Area Median Income or AMI. The current AMI determined by the United States Department of Housing and Urban Development annually for the Honolulu Metropolitan Statistical area, as adjusted for household size.
Bathroom. A room, or combination of adjoining rooms that provide access to one another, that is equipped for taking a bath or shower, and that includes either a sink or toilet, or both. A 0.5 bathroom means any room, or combination of adjoining rooms that provide access to one another, that is equipped with a sink or toilet, or both, but is not equipped with a bath or shower.
Bed and Breakfast Home. Has the same meaning as defined in Chapter 21, Article 10.
Building Code. The building code of the City and County of Honolulu, as amended.
Building Official. Has the same meaning as defined in § 18-2.1.
Declaration of Restrictive Covenants. The declaration of covenants, conditions, and restrictions in a form approved by the director of budget and fiscal services and executed by the fee owners of the land on which an affordable rental housing project is situated, which at a minimum provides that:
(1) The land and all improvements thereon are subject to the affordable rental housing requirements of this chapter;
(2) The land or a portion thereof may qualify for a real property tax exemption during the exemption period;
(A) If rented to households earning 80 percent or below of the AMI; and
(B) For a period of at least 15 years after a certificate of occupancy is issued for the affordable rental housing project, the affordable units are rented at or below the rental rate limits established by the United States Department of Housing and Urban Development for households earning 80 percent of the AMI for the applicable household size;
(3) Excluding any portion of the ground floor of the affordable rental housing project that is designated for commercial use if commercial use is otherwise permitted by the underlying zoning, mixed use projects are prohibited;
(4) The property on which an affordable rental housing project is situated may only be submitted to a condominium property regime pursuant to HRS Chapter 514B or any successor statute if it contains a ground floor commercial use that is permitted by the underlying zoning of the property; provided further that the only condominium units created are one condominium unit for the ground floor commercial portion of the project and one condominium unit for the residential portion of the project, and the one condominium unit for the residential portion of the project must not be further divided into separate condominium units; and
(5) Violation of the declaration of restrictive covenants is subject to the enforcement provisions of Chapters 8 and 21.
Dwelling Unit. Has the same meaning as defined in § 21-10.1.
Heavy Timber Construction. Has the same meaning as defined by the National Fire Protection Association.
Multifamily Dwelling. Has the same meaning as defined in § 21-10.1.
Transient Vacation Unit. Has the same meaning as defined in Chapter 21, Article 10.
(1990 Code, Ch. 42, Art. 1, § 42-1.1) (Added by Ord. 19-8; Am. Ord. 20-13)