Commission approves pilina‑based priority wait list rule amendments, expands scope beyond 'kuleana' and shortens residency requirement

The Hawaiian Homes Commission on Sept. 15 approved amendments to administrative rules establishing a pilina (place‑based) priority wait list and clarified rules related to lessee leave of absence. The rules aim to prioritize applicants with demonstrable, place‑based ties to specific homesteading areas when DHHL awards lots in rural or Kuleana homestead settlements.

DHHL staff presented results of an extensive beneficiary consultation process, including 17 in‑person and five virtual meetings held earlier in 2025. Staff reported strong conceptual support for a priority that recognizes lineal descent or long‑term residency in a place, but said beneficiaries asked for clearer definitions and limits. In response, staff removed a single statewide definition of “wahi” (place) and instead tied the geographic bounds of a pilina priority to each settlement plan, which is developed and approved with community input.

Key rule elements approved: - Pilina proof options: DHHL retained two primary qualifying routes — documented lineal descent tied to the place, and prior or current residency — and removed an earlier provision that would have allowed qualification solely through having a family member who lives in the place (that route was considered too broad and potentially dilutive to the purpose). - Residency qualifier: Commissioners instructed staff to apply an 18‑year residency threshold (previous drafts used 20 years) when residency is used to demonstrate place connection, to ensure applicants have substantial local ties. - Settlement plan definition of place: The department will define the geographic scope for pilina priority within each homestead’s settlement plan (plans are subject to beneficiary consultation). Existing Kuleana homesteads that already have approved settlement plans will be governed by those plans. - Application mechanics: Pilina‑based priority lists are optional; applicants choose to be placed on a specific pilina list tied to a particular settlement. Applicants who win an award from the pilina list and receive a lot will not be able to simultaneously pursue another pilina preference elsewhere; if a pilina list exhausts without awards, an applicant returns to their place on the statewide lot wait list.

Leave of absence and caretaking: Consultation showed substantial resistance to turning leave of absence into a more intrusive rule that would require broad disclosure of private information. Ultimately the commission retained chair discretion for leave‑of‑absence approvals but asked staff to define clearer administrative criteria, including acceptable reasons (deployment, medical necessity, education) and a limited set of family members who may be authorized caretakers consistent with existing succession rules. Commissioners also said they want the department to audit long‑term absentee leases and address abandoned or misused lots as a separate enforcement/management priority.

Why the changes: Beneficiaries told DHHL they wanted a reliable way to prioritize people who have long, intergenerational ties to a place when DHHL implements new homestead settlements. Commissioners and staff balanced that objective against fairness to existing wait‑listers and the department’s capacity to administer complex eligibility and verification steps.

Ending — implementation and next steps The commission asked staff to prepare public‑hearing drafts reflecting the amendments and to file them for external review. Staff will return with the final rule language for publication and then a set of procedures for verifying claims of pilina and for a manageable administrative pathway for leave‑of‑absence requests. Commissioners also suggested the department explore resources to help perform audits of long‑term occupancy to address abandonment concerns.