Council overrides Roth veto: Affordable housing bill adds new eligible programs

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Heather Kimball
Holeka Goro Inaba
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A County Council majority Wednesday overturned Mayor Mitch Roth’s veto of a bill governing the allowable uses of money from the affordable housing fund, after a debate between the council and administration about whether adding more uses to the list limits or broadens the program.

Mayor Mitch Roth, in his veto message sent last month to the council, said adding seven programs that could be implemented using county housing funds to the two that were in the original law would end up “tying our hands unnecessarily.”

That stance was echoed Wednesday by Housing Administrator Susan Kunz.

“I really don’t feel that it’s the number of eligible items that makes it more broad. … It’s the content of the items,” Kunz said. “Having a closed list of eligible activities is not expanding use. … It’s still limiting in my opinion.”

Prior to the bill’s passage, the money could be used for planning, design and development of affordable housing units by the county or nonprofit development partners and to exercise any buyback options in conveyance documents.

The new measure, Bill 152 adds to that the acquisition of land or existing structures for use as affordable housing, rehabilitation of existing structure currently being used for affordable housing, infrastructure for development of affordable housing, subsidies, grants and loans to support households with upfront costs for rental units or mortgage financing and rental or mortgage assistance to prevent homelessness or foreclosure and purchasing deed restrictions on private properties limiting resales to qualified low income and moderate income households.

North Kona Council-man Holeka Inaba, who along with Hamakua Council-woman Heather Kimball sponsored the measure, pointed to the rehabilitation of existing homes for qualified residents in danger of being evicted because their house is condemned and unsafe as an example of what may not be allowed under current law but would be allowed under the new law. That’s a clear expansion, he said, and would allow money to go further than having to build a whole new house.

“If we don’t support this, we’re not supporting people who are going to be homeless,” Inaba said.

The veto override passed on a 6-2 vote, just clearing the two-thirds majority needed under the county charter. Kohala Councilman Tim Richards and Puna Councilwoman Ashley Kierkiewicz, who had voted against the bill in earlier readings, voted no. Puna Councilman Matt Kanealii-Kleinfelder was absent.

The council’s commitment to subsidize affordable housing was expanded on the bill’s first reading to include moderate-income families making up to 120% of the average median income, meaning a family of three earning up to $92,520 annually could qualify for a two-bedroom home costing up to $539,000.

Roth, in an emailed press release Wednesday afternoon, said this about the first veto override of his tenure: “We are extremely disappointed in the Council for their blatant disregard for our administration’s discretion, particularly our Housing Administrator. It’s clear that they were trying to expand the uses allowed of the county housing program revolving fund, but instead, what they’ve actually done is limit it. I stand by the discretion of Administrator Kunz and will work with her to ensure that she can perform the duties of her job without one hand tied behind her back. It is my hope that in the future, the Council will defer to subject matter experts before making decisions over how they’re able to perform the duties of their job.”

Kimball put a more spin on the issue.

“I think it’s wonderful that we’re in a position to discuss the mechanics of providing affordable housing and not whether we should do it,” Kimball said.