HCC §11-9
Rules for selling affordable homes and lots
Read the official text at hawaiicounty.gov ↗Before a project with affordable housing can get final approval, the developer must sign an agreement with the County. The agreement says how the required affordable homes or lots will be sold or rented, or that enough credits will be obtained. The agreement is recorded on the property, and there are specific rules about who can buy and when.
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The ordinance, as written (Hawaiʻi County) — Sale of lots and units
A copy, taken August 21, 2026. The version published by Hawaiʻi County is the one that governs, and it may have changed since. Check it before relying on anything here.
(a) Before obtaining final subdivision approval or plan approval for any for-sale residential project subject to the affordable housing requirements, the applicant shall enter into an agreement with the County that the required number of homes or lots will be sold at the required affordable sales price, or that the required number of rental units will be offered for rent at the affordable rental price, or that the applicant will obtain excess credits sufficient to satisfy its requirements. HOUSING §11-9 (b) Before obtaining final plan approval for any resort, hotel, or industrial project, or not-for-sale residential project subject to the affordable housing requirements, the applicant shall enter into an agreement with the County that the affordable housing requirements will be met before the issuance of a certificate of occupancy for the project. (c) All agreements shall be recorded against the property. (d) All for-sale affordable units and lots shall be sold only to eligible buyers during a ninety-day preferential marketing period. (e) If the developer cannot sell the units or lots to eligible buyers during the ninety-day preferential marketing period, there shall be a second ninety-day period wherein the developer shall, in consultation with one or more OHCD-approved homeownership counselors, actively market the unsold units or lots to clients of those homeownership counselors, provided those clients either are or may be qualified to purchase the unsold units or lots. If a unit or lot is not under contract for sale by the end of the one hundred and eighty days, such unit or lot shall be offered for sale to persons who are otherwise eligible, but have previously owned a residence, for an additional period of thirty days. If a unit or lot is not under contract for sale after the two hundred ten-day period, the developer may sell the unit or lot to any person at the affordable sales price. Notwithstanding the foregoing, at any time after the initial ninety-day preferential marketing period, the housing administrator may authorize the County to purchase any unsold unit or lot at the affordable sales price. (f) For sale units shall be sold on a per unit basis using mortgages where the term is fixed for a minimum of at least fifteen years. (2005, ord 05-23, sec 2; am 2011, ord 11-84, sec 4; am 2014, ord 14-8, sec 3.)11-9
Published by the County of Hawaiʻi Office of the County Clerk.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.