MCC §2.96.100
How applicants are chosen and wait lists work for rental units
Read the official text at library.municode.com ↗This section explains how developers manage wait lists and choose renters for workforce housing. It covers public notice, a lottery, eligibility rules, and what happens if you don't update your contact info. It also sets priorities for residents and requires the developer to report rental information to the county.
developersstate agenciestenants
The ordinance, as written (Maui County) — Applicant selection process—Rental units
A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.
A.
Wait List Procedure.
1.
The developer, its partner, or its management company shall establish wait lists of
interested applicants by rental development;
2.
Prior to initiating the wait list, the developer, its partner, or its management company
shall initiate the wait list process by publishing in at least five issues of a newspaper
of general circulation within the County, a public notice that shall contain all information
that is relevant to the establishment of the wait list. The public shall also be informed
in a like manner, of any decision that would substantially affect the maintenance
and use of the wait list; and
3.
Selection for rental units shall be made by a lottery administered by the developer,
its partner, or its management company and overseen by the department, subject to
the applicant meeting the eligibility criteria established in subsection B of this
section.
B.
Eligibility Criteria. The eligibility criteria for rentals shall be established on
a project-by-project basis by the director in the following manner:
1.
If the project is receiving federal and/or state assistance, the applicable federal
and/or state eligibility criteria shall apply; and
2.
If the project is not receiving federal and/or state assistance, all eligibility criteria
in section 2.96.090.B of this chapter shall apply, except for section 2.96.090.B.6
of this chapter.
C.
Notification of Change. Each applicant shall be responsible for notifying the developer,
its partner, or its management company in writing of any changes in mailing address,
telephone number, fax number, and/or e-mail address. If an applicant fails to properly
notify the developer, its partner, or its management company of such changes and the
developer, its partner, or its management company is unable to contact the applicant,
the applicant's name shall be removed from the applicable wait list.
D.
Selection Priority.
1.
Residents on the wait list shall receive first priority for the available units. Nonresidents
on the wait list may rent a residential workforce housing unit once the wait list
has been exhausted of all residents.
2.
The developer, its partner, or its management company may do a mass mailing of housing
applications to applicants on the wait list.
3.
The residential workforce housing units shall be offered to residents in the order
in which their names were drawn in the lottery, provided that there is a unit available
in the income group for which they qualify. Nonresidents will be offered residential
workforce housing units in the order in which their names were drawn in the lottery,
provided that there is a unit available in the income group for which they qualify.
4.
The developer, its partner, or its management company shall submit copies of the following
information to the department to verify the rental of residential workforce housing
units to eligible renters:
a.
Applicant's completed final rental application;
b.
Executed rental lease; and
c.
All signed federal and state tax returns used to determine eligibility, or any other
documents used to determine eligibility by the developer, its partner, or its management
company.
5.
The developer, its partner, or its management company shall maintain a wait list for
the development after all of the units are rented, which shall be used to fill any
vacancy.
6.
Any rental unit vacancy shall be filled by an applicant in the same income group as
the original tenant to maintain an equal distribution of rentals across the "very
low income" and "low income," "below-moderate income," and "moderate income" groups.
7.
An owner of a residential workforce housing rental development intending to sell the
development shall notify the department in writing prior to the closing of the sale,
and shall provide documentation to the department that the prospective new owner acknowledges
and is aware of the terms, conditions, and restrictions encumbering the development
as set forth in section 2.96.070 .
(Ord. 3546 § 2, 2008; Ord. 3418 § 1 (part), 2006)
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026
Published by the County of Maui through Municode.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.