Chapter 516
Residential Leaseholds
CHAPTER 516
RESIDENTIAL LEASEHOLDS
Part I. General Provisions
Section
516-1 Definitions
516-2 Applicability
516-3 No estoppel or waiver
516-4 Trusts and estates
516-5 Penalty
516-6 Administration of chapter
516-7 Corporation’s duties, generally
516-8 Interested members, officers, or employees
516-9 Quitclaim deeds
Part II. Condemnation of Development Tract
516-21 Applicability
516-22 Designation of leased fee interest in all or part of
development tract for acquisition
516-23 Exercise of power of eminent domain
516-24 Compensation
516-24.5 Exchanges
516-25 Interest acquired
516-26 Interest in compensation paid by the corporation
516-27 Compulsory or involuntary conversion
516-28 Disposition, generally
516-29 Notice of disposition
516-30 Purchase of leased fee interest
516-31 Disposition by lease
516-32 Not for profit
516-33 Qualification for purchase
516-33.5 Deposits by lessees
516-34 Mortgages, agreements of sale, other instruments
516-35 Restrictions on sale and use of residential lots
516-35.1 Foreclosure and sale by mortgagees
516-36 to 39 Repealed
516-40 Bonds as legal investments
516-41 Exemption from taxation and assessments
516-42 Investment of reserves
516-43 Security for funds deposited
516-44 Repealed
516-45 General obligation bonds
516-51 Preliminary negotiation required
516-52 to 55 Repealed
516-56 Eminent domain trial
Part III. Rights of Lessees
516-61 Applicability
516-62 Discrimination
516-63 Free assignability
516-64 Forfeiture
516-65 Extension
516-66 Lease rental
516-67 Zoning changes
516-68 Rights to self-organization; remedies
516-69 Sale of fee by lessor
516-70 Reversion of improvements
516-71 Residential lease; disclosure
516-72 Civil penalty
516-73 Suggested form of standardized summary of lease
provisions
Part IV. Judicial Declaration
516-81 Repealed
516-82 Severability
516-83 Legislative findings and declaration of necessity;
purpose
Part V. Fee Title Acquisition Loan Program
516-91 Definitions
516-95 Rules; eligible loans
516-101 Revenue bonds; authorization
516-102 Revenue bonds; payment and security
516-103 Revenue bonds; interest rate, price, and sale
516-104 Revenue bonds; investment of proceeds and redemption
516-107 Trustee; designation, duties
516-108 Trust indenture
516-111 Revenue bonds; special funds
516-121 Acquisition loan programs; procedures and requirements
516-122 Acquisition loan programs; general powers
516-123 Acquisition loan programs; self supporting
516-124 Acquisition loan programs; fees
516-125 Acquisition loan programs; evidence of eligible loan
516-131 Loans to lenders program
516-132 Loan to lenders program; collateral security
516-141 Purchase of existing loans program
516-151 Advance commitments program
516-161 Eligible loan funding program
516-171 Loans; service and custody
516-172 Loans; sale, pledge, or assignment
516-173 Loans; insurance and guarantees
516-174 Loans; default
516-181 Interest acquired
516-182 Restrictions on sale and use of residential lots
acquired from proceeds of eligible loan
516-186 Construction
Part VI. Sustainable Affordable Developments
or Leases
516-201 Exemption for sustainable affordable developments
516-202 Certification
516-203 Recordkeeping
516-204 University of Hawaii at Manoa
Law Journals and Reviews
Extending Land Reform to Leasehold Condominiums in Hawaii. 14 UH L. Rev. 681.
The Constitutionality of a Naked Transfer: Mandatory Lease-to-Fee Conversion’s Failure To Satisfy a Requisite Public Purpose in Hawaii Condominiums. 25 UH L. Rev. 561.
The Moon Court, Land Use, and Property: A Survey of Hawaii Case Law 1993-2010. 33 UH L. Rev. 635 (2011).
Case Notes
Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.
Chapter only authorizes housing finance and development corporation to institute single condemnation proceeding of a specifically designated portion of a development tract and does not allow that proceeding to be judicially divided into multiple condemnations of individual lots. 82 H. 172, 921 P.2d 92.
Constitutionality.
Chapter did not violate “public use” requirement of Fifth Amendment to U.S. Constitution. 467 U.S. 229.
Hawaii Land Reform Act violates public use limitation of Fifth and Fourteenth Amendments of U.S. Constitution. 702 F.2d 788.
Given system of landholding in Hawaii, legislature could, under police power, conclude that general welfare was served by condemning land of large landholder-lessors and allow lessees to purchase land from State. 483 F. Supp. 63.
Legislature’s determinations of what land is subject to condemnation and who is entitled to repurchase from State are not arbitrary or capricious. 483 F. Supp. 63.
Condemnation of leased fee interests in residential houselots continued to satisfy “public use” prerequisite of Fifth Amendment to U.S. Constitution and article I, §20 of Hawaii constitution. 79 H. 64, 898 P.2d 576.