Development of property
HRS §356D-11
in effect356D-11. Development of property
(a) The authority, in its own behalf or on behalf of any government, may:
(1) Clear, improve, and rehabilitate property; and
(2) Plan, develop, construct, and finance housing
projects.
(b) The authority may develop public land in
an agricultural district subject to the prior approval of the land use
commission when developing lands greater than five acres in size. The
authority shall not develop state monuments, historical sites, or parks. When
the authority proposes to develop public land, it shall file with the
department of land and natural resources a petition setting forth that
purpose. The petition shall be conclusive proof that the intended use is a
public use superior to that to which the land had been appropriated.
(c) The authority may develop or assist in the
development of federal lands with the approval of appropriate federal
authorities.
(d) The authority shall not develop any public
land where the development may endanger the receipt of any federal grant,
impair the eligibility of any government agency for a federal grant, prevent
the participation of the federal government in any government program, or
impair any covenant between the government and the holder of any bond issued by
the government.
(e) The authority may contract or sponsor with
any county, housing authority, or person, subject to the availability of funds,
housing projects designed to meet the needs of elders, disabled, displaced or
homeless persons, low- and moderate-income persons, government employees,
teachers, or university and college students and faculty.
(f) The authority may enter into contracts
with eligible developers to develop housing projects in exchange for mixed use
development rights. Eligibility of a developer for an exchange pursuant to
this subsection shall be determined pursuant to rules adopted by the authority
in accordance with chapter 91.
As used in this subsection, "mixed use
development rights" means the right to develop a portion of a housing
project for commercial use.
(g) The authority may develop, with an
eligible developer, or may assist under a government assistance program in the
development of, housing projects. The land planning activities of the
authority shall be coordinated with the county planning departments and the
county land use plans, policies, and ordinances.
Any person, if qualified, may act
simultaneously as developer and contractor.
In selecting eligible developers or in
contracting any services or materials for the purposes of this subsection, the
authority shall be subject to all federal procurement laws and regulations.
For purposes of this subsection,
"government assistance program" means a housing program qualified by
the authority and administered or operated by the authority or the United
States or any of their political subdivisions, agencies, or instrumentalities,
corporate or otherwise.
(h) In connection with the development of any
housing dwelling units under this chapter, the authority may also develop
commercial properties and industrial properties and sell or lease other
properties if it determines that the uses will be an integral part of the
housing development or a benefit to the community in which the properties are
situated. The authority may designate any portions of the housing development
for commercial, industrial, or other use and shall have all the powers granted
under this chapter with respect thereto. The authority may use any funding
authorized under this chapter to implement this subsection.
The net proceeds of all sales or leases, less
costs to the authority, shall be deposited in the public housing special fund
established by section 356D-28.
(i) For purposes of this section,
"housing" or "housing project" means any home, house,
residence, building, apartment, living quarters, abode, domicile, or dwelling
unit that is designed principally for the purposes of sheltering people.
[L
2006, c 180, pt of §2; am L 2011, c 90, §1; am L 2013, c 151, §1; am L Sp 2021,
c 9, §75; am L 2022, c 251, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0356D/HRS_0356D-0011.htmFetched: 11/10/2026