SB 491 Hawaii Senate · 2025 Regular Session

RELATING TO HOUSING.

Summary
Establishes the Accessory Dwelling Unit Financing and Deed Restriction Program to be administered by the Hawaii Housing Finance and Development Corporation to allocate funds to the counties for the purchase of equity for eligible homeowners or homebuyers to finance construction costs, development costs, and non-reoccurring closing costs associated with the construction of an accessory dwelling unit and purchase deed restrictions on such property. Exempts the conveyance tax for certain properties for taxable years beginning on 1/1/2026. Effective 7/1/2050. (SD1)
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 17, 2025 Last action Feb 12, 2025
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What changed between versions

SB491 SB491_SD1 · 8 edits
MODERATE
This bill establishes a new Accessory Dwelling Unit (ADU) Financing and Deed Restriction Program in Hawaii. It allows the state housing corporation to provide funding to counties to purchase equity from homeowners and place deed restrictions on properties to ensure ADUs are built and occupied by local workers. The program includes specific eligibility requirements for homeowners and businesses, tax exemptions, and a delayed effective date of July 1, 2050.
Scope change
The bill expands county powers to acquire deed restrictions on residential properties and establishes a new subpart in Chapter 201H specifically for ADU financing and deed restrictions.
SCOPE

Created a new Accessory Dwelling Unit Financing and Deed Restriction Program under the Hawaii Housing Finance and Development Corporation to fund ADU construction and deed restrictions.

ELIGIBILITY

Defined eligibility for homeowners who must be U.S. citizens or resident aliens, at least 18 years old, and agree to place deed restrictions on their property.

Defined 'Qualified Business' requirements including physical presence in Hawaii, valid business license, state income tax payment, and community recognition.

REQUIREMENT

Established deed restriction requirements that properties must be occupied by owner-occupants or tenants working at least 30 hours per week at a qualified business within the State.

ENFORCEMENT

Gave counties authority to bring civil actions against non-compliant property owners and collect 50% of appreciation if properties are sold to nonresidents.

EXEMPTIONS

Exempted properties with deed restrictions from conveyance tax (Chapter 247) and environmental impact statement requirements (Chapter 343).

TIMELINE

Set the effective date of the Act to July 1, 2050, with tax exemptions applying to taxable years beginning January 1, 2026.

FISCAL

Authorized counties to receive funds from the rental housing revolving fund to purchase equity from homeowners and finance ADU construction costs.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
9
Key actions
2
Committee
5
Feb 12, 2025
Committee
Reported from HOU (Stand. Com. Rep. No. 332) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
upper
Feb 4, 2025
Upper · Passed
The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HOU were as follows: 4 Aye(s): Senator(s) Chang, Hashimoto, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Aquino.
upper
Jan 27, 2025
Upper · Passed
The committee(s) on HOU has scheduled a public hearing on 01-30-25 1:10PM; Conference Room 225 & Videoconference.
upper
Jan 27, 2025
Committee
Re-Referred to HOU, WAM.
upper
Jan 21, 2025
Committee
Referred to HOU/EIG, WAM.
upper
Jan 17, 2025
Introduced
Introduced.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Stanley Chang
Stanley Chang
DDemocratic
HI
9