Administrative Rules – Pilina-based Priority Waitlist & Homestead Lessee Leave of Absence
TWO PROPOSED ADMINISTRATIVE RULE AMENDMENTS:
(1) ESTABLISH A PILINA-BASED PRIORITY WAITLIST
From 2020 to 2024, DHHL has engaged in planning processes to develop new homestead communities in rural areas across the state on several islands in which there are existing Hawaiian Home Lands. DHHL heard a consistent and strong call to develop a pilina-based policy of awarding homestead leases to native Hawaiian beneficiaries who have a connection (pilina) to that wahi (place). These rural communities expressed the need for this policy because maintaining a continuity of settlement by beneficiaries who have a relationship to the area creates a solid foundation for the individual success of the future homestead lessee for several common reasons:
- Having familial connections and a strong network of family members and/or close neighbors is critical to the success of the future homestead lessee and his/her family during times of need;
- Future homestead lessees that have collected knowledge of the place either through their own keen observation of the wahi and/or by knowledge passed down by their kupuna, better understand how to sustainably manage resources and successfully live in these remote areas.
HAR section 10-3-12 governs the waitlist for homestead leases. DHHL proposes to amend section 10-3-12 to establish a Pilina-Based Priority Waitlist for the reasons above.
(2) ESTABLISH HOMESTEAD LESSEE LEAVE OF ABSENCE GUIDELINES AND POLICIES
Pursuant to section 10-2-16(b)(4) of the DHHL administrative rules, the Chair of the DHHL has the delegated authority to approve leaves of absence. However, the rules lack specific guidelines or policies governing leaves of absence.
The HHC has tasked the DHHL to undertake the process of amending the administrative rules to ensure clarity and enforceability of leaves of absence approved by the DHHL.
Historically, leaves of absence have been approved for lessees required to be off island for reasons such as:
- Military deployment
- Temporary relocation by an employer or religious organization
- Medical treatment
- Pursuing higher education
- Health and safety concerns
Leaves of absence are typically granted for up to 12 months, with the option for the lessee to request for extensions beyond the initial period which will be the Chair’s discretion whether to approve.
In addition to a lessee being directly impacted, the DHHL is proposing to allow leaves of absence in situations where a lessee’s qualified relatives named in section 209 of the HHCA are also directly impacted by those reasons noted above. Additionally, the DHHL is seeking community input on other factors that should be considered and evaluated for leaves of absence requests.
MEETING HANDOUTS
- Presentation PowerPoint Slides
- Proposal #1 – Proposed Pilina-Based Priority Waitlist Rules
- Proposal #2 – Leave of Absence Handout
- Statewide Meetings
- Beneficiary Exit Comment Sheet (email to [email protected])
CONTACT INFORMATION
For more information, please contact:
[email protected]
BENEFICIARY CONSULTATION
| 1 | Proposed Action or Issue for Discussion | Amend the current set of Hawaii Administrative Rules (HAR) governing the DHHL Waitlist 10-3-12 (Pilina-Based Priority Waitlist) and HAR Chapter 10-2-16(b)(4) governing Homestead Lessee Leave of Absence. |
| 2 | Notification | |
| 3 | Meeting Schedule |
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