Gov. Josh Green and the Hawaii Housing Finance and Development Corporation have prevailed in a lawsuit that sought in part to invalidate one of Green’s emergency proclamations relating to affordable housing.

What You Need To Know

  • The Proclamation Relating to Affordable House asserted that "the current threat to the health, safety and welfare of the people of the State of Hawaii caused by a lack of affordable housing continues to constitute an emergency under (Hawaii Revised Statutes Section 127A-14) and warrants preemptive and protective actions"
  • On Aug. 28, 2023, ten private individuals filed a petition arguing that the establishment of the state lead housing officer and Build Beyond Barriers Working Group was unlawful because the emergency declaration was a violation of state law and rulemaking under the proclamation exceeded the authority of Chapter 127A
  • An amended filing more generally argued that the original and subsequent proclamations relating to affordable housing issued by Green were unlawful because the declaration of a state of emergency was in violation of Chapter 127A
  • On Monday, Second Circuit Court Judge Peter Cahill dismissed the amended petition and ruled in favor of Green and HHFDC

“The emergency proclamations issued by my office are always intended to help people and are fully reviewed and analyzed by the Department of the Attorney General,” Green said in a statement issued on Tuesday. “The court ruling substantiates the thorough and careful work undertaken by the AG’s team in service to the people of Hawaii.”

The Proclamation Relating to Affordable House asserted that “the current threat to the health, safety and welfare of the people of the State of Hawaii caused by a lack of affordable housing continues to constitute an emergency under (Hawaii Revised Statutes Section 127A-14) and warrants preemptive and protective actions.” The order compels state and county agencies to cooperate in efforts to speed the process of developing affordable housing and approves the suspension of certain laws to make the process faster.

On Aug. 28, 2023, 10 private individuals filed a petition arguing that the establishment of the state lead housing officer and Build Beyond Barriers Working Group was unlawful because the emergency declaration was a violation of state law and rulemaking under the proclamation exceeded the authority of Chapter 127A.

The motion was dismissed but the petitioners were allowed to file an amended petition. The subsequent filing more generally argued that the original and subsequent proclamations relating to affordable housing issued by Green were unlawful because the declaration of a state of emergency was in violation of Chapter 127A.

On Monday, Second Circuit Court Judge Peter Cahill dismissed the amended petition and ruled in favor of Green and HHFDC.

“Affordable housing is a critical issue for the people of Hawaii,” said deputy attorney general Klemen Urbanc. “We are pleased that the affordable housing proclamation has been upheld in its entirety.”