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No, that does not follow. Law is not a computer program. It's interpreted by human lawyers and judges. It's not a system of rules. This sort of behavior falls

No, that does not follow. Law is not a computer program. It's interpreted by human lawyers and judges. It's not a system of rules. This sort of behavior falls under a broad set of rules about conspiracy, fraud, and similar. If that logic applied, I could apply for a permit to build an aesthetically-pleasing house, and run out of funds before the landscaping and exterior decoration were finished, and build slum housing. Fortunately, it doesn't work like that.

abeppu 4y ago
Clearly, given the number of pages this dedicates to placing bounds on the definition of "housing development project", nothing is cut and dry. But I have to guess that if you were approved to build 3 houses, and stopped after building 1, these neighbors aren't going submit complaints to the county to try to compel you to build the other 2.
- sidewndr46 4y ago
  I watched a video about a guy in Hawaii who did the "lite" version of this. He could only get the zoning approval for a mansion basically, not the modest house he wanted to build. So he submitted plans for an absolutely massive mansion. Complete with a detached garage with a mother-in-law suite. He even gave it owns HVAC, plumbing, electrical, etc. All separate from the house. He built the mother in law suite, moved in, and the rest of the house has been "under construction" forever.
  - genocidicbunny 4y ago
    I wonder what his tax situation is like. Is he paying taxes on the current value? Since the plan hasn't been completed, is there even a value that can be assigned? Seems the sort of thing where you're threading multiple loopholes and need to do it exactly right, which is probably not cheap or easy either.
    - sidewndr46 4y ago
      I don't live in Hawaii but everywhere I've known people to do this, they just tax you based off what they can see on the lot after a certain number of years. More recently some jurisdictions seem to buy satellite imagery and use that to identify improvements like decks, pools, etc. My dad's house has been "under construction" for nearly 20 years now. They just sent him a notice about a year after he started saying the tax value was being adjusted and if he wanted to dispute that he could ask for a hearing. Same thing with my house, I've been "under construction" since late 2019. Got my new notice of property value sometime in 2020. There is no inspection process for the improvements, so I'm "under construction" until 2024. Also if I had to guess he isn't really "threading multiple loopholes". He probably just applies for a construction permit renewal every time it comes up. The place he built really isn't an eyesore, more of a nice little bungalow. I doubt he intentionally pisses off his neighbors. So the city planning and permitting folks likely just collect the fees and move on.
YeBanKo 4y ago
Imo, they bent backwards to deny this development referring to ambiguity and trying to follow the intent. The intent of the law is clearly to build more housing and somehow they decided that this intent excludes one of the main types of residential dwelling in the USA. Seems like a conspiracy to me. > As originally enacted, the statutory definition provided that “housing development project” meant “a use consisting of either of the following: [¶] (A) Residential units only. ... > This matters because unless we know the full meaning of “housing development project,” it is difficult to evaluate the parties’ central dispute: whether the plural term “residential units” includes the singular “residential unit.” This is just bonkers.
- ImPostingOnHN 4y ago
  it seems to me the intent is to encourage the building of more housing in a capacity more resembling a housing development project, than a house can the developer here build more houses on the plot? seems like that would provide more housing.

abeppu 4y ago

Clearly, given the number of pages this dedicates to placing bounds on the definition of "housing development project", nothing is cut and dry. But I have to guess that if you were approved to build 3 houses, and stopped after building 1, these neighbors aren't going submit complaints to the county to try to compel you to build the other 2.

sidewndr46 4y ago
I watched a video about a guy in Hawaii who did the "lite" version of this. He could only get the zoning approval for a mansion basically, not the modest house he wanted to build. So he submitted plans for an absolutely massive mansion. Complete with a detached garage with a mother-in-law suite. He even gave it owns HVAC, plumbing, electrical, etc. All separate from the house. He built the mother in law suite, moved in, and the rest of the house has been "under construction" forever.
- genocidicbunny 4y ago
  I wonder what his tax situation is like. Is he paying taxes on the current value? Since the plan hasn't been completed, is there even a value that can be assigned? Seems the sort of thing where you're threading multiple loopholes and need to do it exactly right, which is probably not cheap or easy either.
  - sidewndr46 4y ago
    I don't live in Hawaii but everywhere I've known people to do this, they just tax you based off what they can see on the lot after a certain number of years. More recently some jurisdictions seem to buy satellite imagery and use that to identify improvements like decks, pools, etc. My dad's house has been "under construction" for nearly 20 years now. They just sent him a notice about a year after he started saying the tax value was being adjusted and if he wanted to dispute that he could ask for a hearing. Same thing with my house, I've been "under construction" since late 2019. Got my new notice of property value sometime in 2020. There is no inspection process for the improvements, so I'm "under construction" until 2024. Also if I had to guess he isn't really "threading multiple loopholes". He probably just applies for a construction permit renewal every time it comes up. The place he built really isn't an eyesore, more of a nice little bungalow. I doubt he intentionally pisses off his neighbors. So the city planning and permitting folks likely just collect the fees and move on.

YeBanKo 4y ago

Imo, they bent backwards to deny this development referring to ambiguity and trying to follow the intent. The intent of the law is clearly to build more housing and somehow they decided that this intent excludes one of the main types of residential dwelling in the USA. Seems like a conspiracy to me. > As originally enacted, the statutory definition provided that “housing development project” meant “a use consisting of either of the following: [¶] (A) Residential units only. ... > This matters because unless we know the full meaning of “housing development project,” it is difficult to evaluate the parties’ central dispute: whether the plural term “residential units” includes the singular “residential unit.” This is just bonkers.

ImPostingOnHN 4y ago
it seems to me the intent is to encourage the building of more housing in a capacity more resembling a housing development project, than a house can the developer here build more houses on the plot? seems like that would provide more housing.