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SB2162
THE SENATE
S.B. NO.
2162
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to housing
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that the cost and
availability of housing in the State are significant challenges facing Hawaii
residents.
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Although Hawaii has the
tenth-highest median wage nationally, living expenses are two-thirds higher
than the rest of the nation, with the cost of housing being a major
contributing factor.
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The legislature
further finds that the lack of affordable housing disproportionally impacts low‑income,
elderly residents.
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While there are many
senior apartments in Hawaii, nearly every senior apartment has a waitlist with
placement times that typically range from three months to four years.
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The legislature believes that relaxing
construction restrictions in the agricultural district will help to encourage
the development of affordable senior housing.
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Accordingly,
the purpose of this Act is to allow owners of large lands in the agricultural
district to construct elderly housing, assisted living homes, or low-density
apartments, on not more than fifteen acres of those lands.
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SECTION
2.
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Chapter 205, Hawaii Revised Statutes,
is amended by adding a new section to part I to be appropriately designated and
to read as follows:
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�205-
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Amendments to district
boundaries involving large agricultural lands; elderly housing.
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(a)
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Subject to section 205-4, any
person with a property interest in thirty or more acres of contiguous
agricultural lands may petition the land use commission for an exemption to the
current zoning guidelines to reclassify up to fifteen acres of that land to
allow for elderly housing, assisted living homes, or low-density apartments, or
allow elderly housing on up to fifteen acres as a permissible use.
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(b)
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The petition for an exemption
shall include a proposal for the elderly housing to be constructed and a
financial plan that includes:
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(1)
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Different purchase prices or rent
amounts for units so that individuals paying higher prices or rents for certain
units may subsidize units having lower prices or rents; and
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(2)
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Requirements that units having lower
prices or rents shall be available only to individuals with incomes of not more
than eighty per cent of the area median income or who are considered asset
limited, income constrained, and employed.
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(c)
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Notwithstanding section
205-4(h), no amendment of a land use district boundary shall be approved under
this section unless the commission finds upon the clear preponderance of the
evidence that the proposed boundary is reasonable, not violative of part III of
this chapter, and consistent with the policies and criteria established
pursuant to sections 205-16 and 205-17.
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Six affirmative votes of the commission shall be necessary for any
boundary amendment under this section.
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(d)
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The commission may impose other requirements,
including the receipt of a federal subsidy, federal grant, or other federal
incentive as a requirement for approval of the petition.
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(e)
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For purposes of this section
"elderly housing" means a housing complex in which at least eighty
per cent of the occupied units shall be occupied by at least one person fifty‑five
years of age or older.
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SECTION
3.
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New statutory material is
underscored.
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SECTION
4.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
LUC;
Agricultural District; Land Reclassification; Senior Housing; Elderly Housing
Description:
Authorizes
large landowners to petition the Land Use Commission to allow the development
of elderly housing on portions of agricultural lands.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.