Section 10-3-40.07 - Supplemental dwelling units(a) Any SDU shall comply with the respective county's SDU area maximums for residential lots.(b) A lessee may apply to the department for one of the following programs at the time of application for an SDU:(1) 'Ohana SDU is specifically for nonrental, 'ohana use purposes. The 'ohana occupant shall establish the required biological relationship to the lessee to the satisfaction of the department before taking occupancy. The 'ohana occupant may contribute toward household expenses such as utilities and mortgage payments, if applicable, but rent shall not be charged. The lessee shall be ultimately responsible for the mortgage payments, utility charges, maintenance, and repairs of the SDU.(2) Rental SDU is specifically for rental purposes, to supplement income for the lessee and potentially help to provide housing for native Hawaiians. The dwelling unit renter shall be qualified under the act by the department but is not required to establish a biological relationship to the lessee. The department shall prioritize rental SDU requests from lessees with a verifiable potential tenant currently on the applicant waitlist for a homestead.(A) Short term rentals shall be prohibited. The minimum rental period agreement on the unit shall be six months;(B) The lessee shall provide a lease agreement to the tenant that includes a prohibition on sublet and assignment unless to another native Hawaiian as verified and authorized by the department; and(C) Each agreement shall carry a rider provided by the department and signed by the lessee and dwelling unit renter that provides the general obligations of the department, waiver of liability, and guarantees made by the lessee.(c) The lessee shall submit a request to the department if the lessee wants to change the program use of the unit. The department shall provide a response to the lessee within 30 days of receipt of the request.Haw. Code R. § 10-3-40.07
[Eff and comp 12/23/2021] (Auth: HHC Act §222) (Imp: HHC Act §208)