Haw. Rev. Stat. § 201H § 201H-122
Definitions.
Operative Text
The following terms as used in this subpart shall have the following meanings unless a different meaning clearly appears from the context: "Eligible project" means a rental housing project that: (1) Is financed by the corporation pursuant to subpart B or D, or that the corporation determines will require rental assistance to make it financially feasible; (2) Is subject to a regulatory agreement with the corporation; (3) Maintains at least twenty per cent of its units for eligible tenants; and (4) Meets other qualifications as established by rules adopted by the corporation. Notwithstanding any provision to the contrary, "eligible project" may also include a rental housing project that is financed by the corporation pursuant to subpart A. "Eligible tenant" means a family or an individual whose income does not exceed eighty per cent of the area median income as determined by the United States Department of Housing and Urban Development. "Owner" means the owner of an eligible project. "Regulatory agreement" means an agreement between the corporation and the owner relating to an eligible project that includes provisions relating to rents, charges, profits, return on owner's equity, development costs, and methods of operation. "Rental assistance contract" means an agreement between an owner and the corporation providing for periodic rental assistance payment for units in an eligible project. [L 2006, c 180, pt of §4]
Hawaii Revised Statutes § 201H-122 establishes the key definitions that govern the state's rental housing assistance framework under this subpart. An 'eligible project' is a rental housing development that meets specific financing, regulatory, and occupancy criteria — including reserving at least 20% of its units for lower-income households — while an 'eligible tenant' is a person or family earning no more than 80% of the area median income as set by HUD. Other defined terms, such as 'regulatory agreement' and 'rental assistance contract,' describe the formal legal instruments that structure the relationship between the Hawaii Housing Finance and Development Corporation and property owners participating in the program.
Plain English — not legal advice.
Under § 201H-122, owners of rental housing projects that participate in Hawaii's state-assisted housing programs operate under a 'regulatory agreement' with the corporation, which governs rents, charges, profits, and methods of operation. A compliant owner generally ensures that at least 20% of units in an eligible project are reserved for households earning at or below 80% of the area median income, consistent with the 'eligible tenant' definition. Owners also typically maintain a 'rental assistance contract' with the corporation if their project receives periodic rental assistance payments, and they adhere to any additional qualifications established by the corporation's rules.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 201H-122 defines who qualifies as an 'eligible tenant' in Hawaii's state-assisted rental housing programs — specifically, individuals or families whose income does not exceed 80% of the area median income as determined by HUD. Tenants who believe they qualify for housing in an eligible project may look to whether the project is subject to a regulatory agreement with the Hawaii Housing Finance and Development Corporation, which governs how rents and operations are managed. Those seeking to understand their eligibility or the obligations of a participating project may find it helpful to contact the corporation directly or reach out to a local tenant-rights organization familiar with § 201H-122 and the broader subpart.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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