us-hi-regs-official-06b80f37a2b5ee1113e963a67fde2c05a59fac9f3e0c87128b5831088d869efb•Title 15 – Chapter 301 – Kikala-Keokea Housing Revolving Fund Program
Title 15 – Chapter 301 – Kikala-Keokea Housing Revolving Fund Program
us-hi-regs-official-06b80f37a2b5ee1113e963a67fde2c05a59fac9f3e0c87128b5831088d869efbTitle 15 – Chapter 301 – Kikala-Keokea Housing Revolving Fund ProgramRegulation
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM Adoption of Chapter 15-301 Hawaii Administrative Rules July 31, 2007 Chapter 301 of Title 15, Hawaii Administrative Rules, entitled "Kikala-Keokea Revolving Loan Program" is adopted.
HAWAII ADMINISTRATIVE RULES TITLE 15 DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM SUBTITLE 5 HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION CHAPTER 301 KIKALA-KEOKEA HOUSING REVOLVING FUND PROGRAM Subchapter 1 General Provisions §15-301-1 §15-301-2 Purpose Definitions Subchapter 2 Kikala-Keokea Housing Revolving Fund Program §15-301-10 §15-301-11 §15-301-12 §15-301-13 §15-301-14 §15-301-15 §15-301-16 §15-301-17 §15-301-18 §15-301-19 §15-301-20 §15-301-21 §15-301-22 Corporation's right to contract for services Use of loan Amount of loan Term of loan Interest rate on loan Fees Mortgage valid first lien; protection of security Acceleration of maturity of loan Default of loan Corporation's right upon default of loan Loan not available for refinancing Occupancy False information in application 301-1
§15-301-1- Subchapter 3 Application Procedures §15-301-30 §15-301-31 Loan application process Review of Loan Application; loan approval/disapproval Subchapter 4 Mi.scellaneous Provisions §15-301-40 Waiver SUBCHAPTER 1 GENERAL PROVISIONS §15-301-1 Purpose. These rules are adopted pursuant to chapter 91, and section 201H-81, Hawaii Revised Statutes to enable the corporation to provide low interest loans for home construction for Kikala- Keokea leaseholders who have been denied loans from traditional financial institutions. [Eff SEP 172007 ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) §15-301-2 Definitions. As used in this chapter: "Annualized gross income" means the gross monthly income multiplied by 12. Gross monthly income is the sum of: monthly gross pay; any additional income from overtime, part-time employment, bonuses, dividends, interest, royalties, pensions, Department of Veterans' Affairs (VA) compensation, net rental income, etc.; and other income (such as alimony, child support, public assistance, sick pay, social security penefits, unemployment compensation, income received from trusts, and income received from business activities or investments). 301-2
§15-301-2 The income to be taken into account in determining the gross monthly income is the income of the eligible leaseholder (or eligible leaseholders)· and all non-dependent persons who are expected to live in the residence being financed under this chapter. "Area median income" means the median income for the county of Hawaii as established by the United States Department of Housing and Urban Development from time to time, and adjusted by family size_. "Board" means the board of directors of the corporation. "Corporation" means the Hawaii housing finance and development corporation. "Eligible leaseholder" means a person or family who, at the time of application: (1) Is a leaseholder; (2) Has no present ownership interest in a principal residence at the time of loan closing; (3) Is at least eighteen years of age; (4) Does not have annualized gross income that exceeds one hundred twenty per cent of the area median income at the time of application; (5) Has applied for, and been denied, a loan from one financial institution; (6) Possesses the financial resources and credit worthiness to repay t~e loan. "Executive director" means·the executive director of the corporation, or the executive director's designated representative. "Financial institution" means an institution as defined in chapter 412, HRS, 12 U.S.C. §21 (national bank) and 12 U.S.C. §1461 (F~deral savings and loan association or federal savings bank). "Government" includes the State and the· United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. 301-3
§15-301-2 "Guide" means the set of instructions and guidelines, terms and conditions for the origination and servicing of loans made under this chapter. The guide shall be available for public inspection at the principal office of t~e corporation during the corporation's normal business hours. "Household" means the l~aseholders who dwelled, and continues to dwell, as a family and have been displaced or dispossessed from their home as a result of the continued volcanic eruptions on the Island of Hawaii. "Leaseholder" means a person who was awarded a lease by the department of land and natural resources for the Kikala-Keokea residential subdivision. "Program" means the Kikala-Keokea housing revolving fund program. "Residence" means the dwelling unit which is financed pursuant to this chapter. ~S;t;af~• l'l~~ans the State of Hawaii. [Eff ~tr 1 LUU[ ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) SUBCHAPTER 2 KIKALA-KEOKEA REVOLVING LOAN PROGRAM §15-301-10 Corporation's right to contract for services. The corporation is authorized to enter into agreements with or purchase services from any financial institution, non-profit organization, or any other appropriate government agency, for services required for the purpose of this chapter. [Eff StP 172007 ] (Auth: HRS §201H-81) (Imp: HRS §201H-8:i) 301-4
§15-301-15
§15-301-11 Use of loan. Loans made under this
chapter shall be:
(1) For the purpose of home construction; and
( 2) Limited to,., 9.~~ loan per leaseholder.
[Eff SEP 1 ·, LUU! ] (Auth: HRS §201H-81)
(Imp: HRS §201H-81)
§15-301-12 Amount of loan. The maximum amount
of the loan under this chapter shall be $100,000 per
eligible leaseholder. [-Eff SEP 172007 ] (Auth:
HRS §201H-81) (Imp: HRS §201H-81)
§15-301-13
loan shall not be
[Eff SEP 1 7 20D7
§201H-81) .
Term of the loan. The term of the
more than forty years.
] (Auth: HRS §201H-81) (Imp: HRS
§15-301-14 Interest rate on loan. The interest
rate on-the loan offered under this ch~ter shall not
exceed three per cent per year. [Ef f ~tP 1 7 2007 ]
{Auth: HRS §201H-81) (Imp: HRS §201H-81)
§15-301-15 Fees. The eligible leaseholder shall
be responsible for the payment of all fees charged by
the corporation in connection with the application for
a loan under this chapter, including, but not limited
to, a non-refundable application fee of $100. Failure
to submit the fee by the required date and time may
result in the eligible leaseholder's forfeiture of a
program loan. [Eff SEP 172007 ] (Auth: HRS §201H-
81) ( Imp : · HRS § 2 0 lH- 81 )
301-5
§15-301-16 §15-~01-16 Mortgage valid first lien; protection of security. The mortgage securing each lo~n shall constitute a first lien on such real estate secured. The corporation, or its agent, shall promptly record or file, or both, the lien with the bureau of conveyances or the land court, as the case may be, to ensure. the ·creation of a valid lien on the mortgaged property. [Eff ~l:'P } 7 2007 ] (Auth: HRS §201H-81) (Imp: HRS §201It'-'t3'1) §15-301-17 Acceleration of maturity of loan. The occurrence of either of the following events shall be sufficient grounds for the corporation, at its option, to accelerate the maturity of the loan: (1) The eligible leaseho'lder ceases to occupy the residence as the eligible leaseholder's primary residence; or (2) Failure to respond within thirty days to the corporation's request to verify the continued occupancy of the eligible leaseholder. [Eff SEP 1 7 ?007 ] (Auth: HRS §201H-81) (Imp: HRS §2~1H-81) §15-301-18 Default of loan. The occurrence of any of the following events shall be sufficient grounds for the corporation, at its option, to treat the loan to be in default: (1) The property described in the mortgage or security agreement is conveyed or transferred; provided, however, that a transfer of title will be permitted if it appears to the satisfaction of the corporation that the transfer was effected for estate planning purposes and the corporation's security interest is unaffected by the transfer; (2) The eligible leaseholder fails to comply with any agreement executed for the purpose of securing the loan; or 301-6
§15-301-21 (3) The corporation determines that any statement made by the eligible leaseholder in the loan application or loan document is false or fraudulent. [Eff SEP 1 7 2007 ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) §15-301-19 Corporation's rights upon default of loan. With respect to any loan made under this chapter, which is in default under the terms thereof, the corporation may: (1) Renegotiate, refinance, or foreclose the loan; (2) Waive any default or consent to the modification of the terms of the loan or the security agreement; (3) Commence any action to protect or enforce any right conferred upon the corporation by any law, mortgage, insurance policy, contract, or other agreement; (4) Bid for and purchase the property secured by the loan at any foreclosure or other sale, or acquire or take possession of the property secured by the loan; or (5) Operate, manage, lease, dispose of, or otherwise deal with the property secured by the loan. [Eff Sl="P 1 7 ?nnt ] (Auth: HRS §201H-81) (Imp: 'rtRS-- ~~H-81) §15-301-20 Loan not available for refinancing. No funds under this chapter shall be available for refinancing of existing loans. [Eff SEP 1 7 2001 (Auth: HRS §201H-81) (Imp: HRS §201H-~lr §15-301-21 Occupancy. The eligible leaseholder shall utilize the residence as his or her principal residence for the life of the loan. [Eff SEP 172007 ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) 301-7
§15-301-22 §15-301-22 False information in application. By signing the application, the eligible leaseholder certifies that the information provided in the application, is true and correct. The eligible leaseholder shall be subject to criminal charges or civil action, or both, under the lawsstf i1V=zfit11a-te if false information is provided. [Eff ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) SUBCHAPTER 3 APPLICATION PROCEDURES §15-301-30 Loan application process. (a) The corporation shall obtain a listing of the leaseholders from the department of land and natural resources. (b) A loan application packet will be mailed to all interested leaseholders. (c) Loan applications received by the corporation will be time and date stamped, and will be reviewed on a first-come, first-served basis, subject to fund availability. [Eff SEP 172001 ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) §15-301-31 Review of loan application; loan approval/disapproval. (a) Loan applications will be preliminarily reviewed to ensure all required information has been submitted to the corporation. 301-8
§15-301-31 (1) Information required includes, but is not limited to, a completed, signed loan application and all supporting documents to verify current income and assets (i.e., employment paystubs, bank statements), copies of signed federal and/or state income tax returns for the most recent past two (2) years, letters of denial from one (1) financial institution, owner-occupancy statement, copy of recorded Kikala-Keokea residential subdivision lease document, and any other document required by the corporation. (2) Loan applications deemed to be substantially incomplete shall be returned to the leaseholders. No further action will be taken on the part of the corporation. Leaseholders resubmitting their loan application for review will be subject to section 15-301-30(c). (b) Final review of the loan applications will be based on the leaseholder's ability to qualify for a program loan and includes the review of the leaseholder's income, repayment ability and creditworthiness. (c) Upon completion of the final review, a recommendation will be made to the executive director for approval or disapproval of the leaseholder's loan application. (d) Leaseholders will be notified in writing as to their ~alification for a program loan. [Eff SEP 172007 ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) 301-9
8i1s §15-301-40 SUBCHAPTER 4 MISCELLANEOUS PROVISIONS §15-301-40 Waiver. The board may by resolution waive or vary provisions of these rules or any process or procedure established by these rules in order to conform to applicable federal and state l~s regulations, and requirements. [EffSEP 1 ,2007 ] (Auth: HRS §201H-81) (Imp: HRS §201H-81) 301-10
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM The adoption of chapter 15-301, Hawaii Administrative Rules, on the Summary Page dated July 31, 2007 was adopted on July 31, 2007 following a public hearing that was held on July 19, 2007 after public notice was given in the Honolulu Star-Bulletin, and the Hawaii Tribune-Herald newspapers on June 19, 2007. The adoption shall take effect ten days after filing with the Office of the Lieutenant Governor. Chairperson Hawaii Housing Finance and Development Corporation APPROVED: LIND~ Governor State of Hawaii Dated: SEP 10 2087 Filed ....... r rn .. , fTI l'.J;_:. -..r:·
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