reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2031-53 - Total tenant payment

Current through June, 2024
(a) The authority
				  shall compute the total tenant payment.
(b) There shall be an established minimum
				  rent of $50.00 per month. Exception to the application of the minimum monthly
				  rental amount shall apply if the family is unable to pay because of financial
				  hardship which is determined pursuant to
				  24 C.F.R. §
											5.630, as it existed on October 20, 2022, and
				  includes the following situations:
(1) The
				  family has lost eligibility or is awaiting an eligibility determination for
				  federal, state, or local assistance;
(2) The family would be evicted as a result
				  of the imposition of the minimum rent requirement;
(3) The income of the family has decreased
				  because of changed circumstances, including:
(A) Loss of employment;
(B) An income producing family member dies;
				  and
(C) Other circumstances beyond
				  the family's control as determined by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2031-54 - Rent

Current through June, 2024
(a) Voucher rents are based on the payment
				  standard as set by the authority on an annual basis and are guided by the fair
				  market rents published annually by HUD. On request from the family that
				  includes a person with disabilities, the authority shall approve an exception
				  rent of up to one hundred twenty per cent of the fair market rent if the
				  exception rent is needed as a reasonable accommodation so that the program is
				  readily accessible to and usable by persons with disabilities in accordance
				  with 24 C.F.R. Part 8 , as it existed on October 20, 2022.
(b) The small area fair market rent, which
				  includes utilities and is established for dwelling units of various bedroom
				  sizes, is determined by HUD.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2031-55 - Payment standard

Current through June, 2024
(a) The maximum
				  monthly subsidy payment for a family before deducting the family contribution
				  is set by the authority between ninety per cent and one hundred ten per cent of
				  the HUD determined small area fair market rent. The authority may establish a
				  payment standard amount that is higher or lower than the basic range subject to
				  HUD approval or waiver.
(b) The
				  authority may approve a higher payment standard within the basic range to
				  reasonably accommodate a family that includes a person with disabilities which
				  may be subject to HUD approval.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2031-56 - Security deposits

Current through June, 2024
(a) The participant
				  shall be responsible for the payment of a security and utility deposit as
				  directed by their lease.
(b) The
				  authority shall not be responsible for the payment of security and utility
				  deposits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2031-57 - Ownership change

Current through June, 2024
(a) A change in
				  ownership of a dwelling unit under a HAP contract does not require execution of
				  a new contract or lease. The authority may approve the assignment of the HAP
				  contract at the previous owner's request.
(b) The owner who is selling the dwelling
				  unit shall provide written notice to the authority at least thirty days prior
				  to the sale closing.
(c) The new
				  owner shall provide documents to verify the sale and other information
				  requested by the authority.
(d)
				  Housing assistance payments to the owner who is selling the dwelling unit shall
				  be suspended effective the first of the month following the receipt of the
				  notification of the sale of the dwelling unit and when the assignment of the
				  HAP contract to the new owner is approved by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2031-61 - Inspections

Current through June, 2024
(a) The authority shall annually inspect each
				  dwelling unit leased to a participant of the program utilizing inspection
				  standards required by HUD.
(b) The
				  authority may conduct special inspections upon written notification by the
				  participant or owner that the dwelling unit does not meet housing quality
				  standards or based on information from third parties such as neighbors or
				  public officials.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2031-62 - Overcrowded or under occupied dwelling units

Current through June, 2024
A participant shall be issued a new voucher if the
					 authority determines that the dwelling unit does not meet the authority's
					 subsidy standards for occupancy.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2031-63 - Portability

Current through June, 2024
(a) The authority may require applicants who
				  were nonresidents at the time of application to live in its jurisdiction during
				  the first twelve-month period.
(b)
				  The authority shall not absorb a family under portability assistance into its
				  program unless funds are available and there is no applicant with a preference
				  on the applicable waiting list.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2031-64 - Transfers

Current through June, 2024
(a) A family may terminate its lease with the
				  landlord at any time after the first twelve months as provided by the rental
				  agreement with the landlord and shall provide a copy of the notice to the
				  authority.
(b) The authority shall
				  deny permission to move if:
(1) There are
				  insufficient program funds for continued assistance;
(2) The participant has violated a family
				  obligation listed on the voucher;
(3) The participant owes the authority money;
				  or
(4) The participant has moved or
				  has been issued a voucher within the last twelve months.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2031-65 - Eviction - termination of tenancy by owner

Current through June, 2024
(a) If the owner
				  wishes to terminate the lease, the owner is required to provide proper notice
				  as provided in the lease and the Hawaii Residential Landlord-Tenant
				  Code.
(b) During the term of the
				  lease the owner may only evict for:
(1)
				  Serious or repeated violations of the lease, including but not limited to
				  failure to pay rent or other amounts due under the lease, or repeated violation
				  of the terms and conditions of the lease;
(2) Violations of federal, state or local law
				  that imposes obligations on the tenant in connection with the occupancy or use
				  of the premises, such as failure to comply with all obligations, restrictions,
				  whether demonstrated by the landlord as rules or otherwise, which are in
				  accordance with section
				  521-52, HRS, and which the
				  landlord can demonstrate are reasonably necessary for the preservation of the
				  property or protection of the persons of the landlord, other tenants, or any
				  other person;
(3) Criminal activity
				  by the tenant, any member of the household, a guest or another person under the
				  tenant's control that threatens the health, safety or right to peaceful
				  enjoyment of the premises by the other residents, or persons residing in the
				  immediate vicinity of the premises or any drug-related criminal activity on or
				  near the premises; or
(4) Other
				  good cause.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2031-66 - Termination of participation

Current through June, 2024
(a) The authority
				  shall terminate a family's participation in the program when:
(1) The family has been evicted from housing
				  assistance under the program for serious violation of the lease;
(2) Any member of the family fails to sign
				  and submit consent forms for obtaining information in accordance with the
				  program; or
(3) The family does not
				  submit required evidence of citizenship or eligible immigration
				  status.
(4) Any family member fails
				  to meet the eligibility requirements concerning individuals enrolled at an
				  institution of higher education as specified in
				  24 C.F.R.
				  5.612, as it existed on October 20,
				  2022.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 6 - INFORMAL REVIEWS › Section 17-2031-71 - Informal review process for applicants

Current through June, 2024
(a) An applicant
				  who has been denied assistance by the authority shall have an opportunity for
				  an informal review pursuant to
				  24 C.F.R. §
											982.554, as it existed on October 20,
				  2022.
(b) The applicant shall
				  provide the authority with a request for an informal review within fifteen days
				  from the date of the authority's notification of denial of
				  assistance.
(c) The informal review
				  shall be scheduled within fifteen days from the date the written request is
				  received by the authority and shall be conducted by any person or persons
				  designated by the authority, but shall not be a person who made or approved the
				  decision under review or a subordinate of this person.
(d) The applicant shall be given the
				  opportunity to present oral or written objections to the authority's denial of
				  assistance. Both the authority and the applicant may present evidence and
				  witnesses. The applicant may be assisted by an attorney or other representative
				  at his or her own expense.
(e) The
				  informal review may be conducted by mail, video conference or telephone if
				  acceptable to both parties.
(f) A
				  written notice of the review of findings shall be provided to the applicant
				  within thirty days after the review. The notice shall include the decision of
				  the hearing officer and an explanation of the reasons for decision.
(g) An applicant who is denied assistance for
				  citizen or immigrant status shall have an opportunity for an informal hearing
				  pursuant to 24 C.F.R. §
											5.514, as it existed on October 20,
				  2022.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 6 - INFORMAL REVIEWS › Section 17-2031-72 - Informal hearing process for participants

Current through June, 2024
(a) The
				  authority shall give a participant an opportunity for an informal hearing to
				  consider whether the following authority decisions relating to the individual
				  circumstances of a participant family are in accordance with the law, HUD
				  regulations and authority rules pursuant to:
(1) A determination of the family's annual or
				  adjusted income and the use of such income to compute the housing assistance
				  payment;
(2) A determination of the
				  appropriate utility allowance, if any, for tenant-paid utilities from the
				  authority's utility allowance schedule;
(3) A determination of the family dwelling
				  unit size under the authority's subsidy standards;
(4) A determination that a family is residing
				  in a dwelling unit with a larger number of bedrooms than appropriate for the
				  family dwelling unit size under the authority's subsidy standards, or the
				  authority's determination to deny the family's request for an exception from
				  the standards;
(5) A determination
				  to terminate assistance for a participant family because of the family's action
				  or failure to act;
(6) A
				  determination to terminate assistance because the participant family has been
				  absent from the assisted dwelling unit for longer than the maximum period
				  permitted; or
(7) A determination
				  to terminate a family's family self-sufficiency contract, withhold supportive
				  services, or propose forfeiture of the family's escrow account.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 7 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2031-81 - Family self-sufficiency program

Current through June, 2024
The objective of the authority's family self-sufficiency
					 ("FSS") program is to reduce the dependency of low-income families on welfare
					 assistance and to reduce Section 8, public housing, or any federal, state, and
					 local rent or homeownership subsidies. Under the family self-sufficiency
					 program, low-income families are provided opportunities for education, job
					 training, counseling, and other forms of social service assistance, while
					 living in assisted housing, so that they may obtain the education, employment,
					 and business and social skills necessary.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 7 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2031-82 - Eligibility

Current through June, 2024
(a) Participants in the authority's Section 8
				  tenant-based program are eligible to participate in the family self-sufficiency
				  program.
(b) Preference shall be
				  given to applicants who already receive family self-sufficiency-related support
				  services for fifty per cent or less of the allocations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 7 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2031-83 - Recruitment and outreach

Current through June, 2024
(a) The authority
				  shall conduct outreach programs to recruit family self-sufficiency
				  participants.
(b) Outreach efforts
				  may include the following:
(1) Sending
				  informational brochures to each family participating in the authority's Section
				  8 program;
(2) Conducting
				  orientation sessions for families who express an interest in participating in
				  the family self-sufficiency program; and
(3) Identifying and targeting potential
				  families in the authority's caseloads.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 7 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2031-84 - Selection

Current through June, 2024
(a) Families shall be selected without regard
				  to race, color, religion, sex, handicap, familial status, or national
				  origin.
(b) Families may be
				  selected by date of receipt of application.
(c) In the event there are more applicants
				  than family self-sufficiency allocations, the authority shall conduct a lottery
				  to determine placement on the waiting list.
(d) Initially, up to one hundred thirty-six
				  Section 8 participants shall be selected to participate in the family
				  self-sufficiency program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 7 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2031-85 - Termination or withholding services

Current through June, 2024
(a) The authority
				  shall monitor and assess the family self-sufficiency participant's progress and
				  compliance with the goals set forth in the contract of participation. When the
				  authority determines that the family self-sufficiency participant is not making
				  progress or complying with the goals set forth in the contract of
				  participation, the authority shall notify the family self-sufficiency
				  participant of such determination and provide the family self-sufficiency
				  participant six months to demonstrate compliance with the plan of the contract
				  of participation.
(b) If no
				  progress has been made or the family self-sufficiency participant is still not
				  complying with the contract of participation after the six-month period, the
				  authority shall provide the family self-sufficiency participant with a written
				  notice of intent to terminate or withhold services and of the opportunity to
				  request an informal hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-91 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish a procedure
					 for the selection of dwelling units to which the authority may attach Section 8
					 voucher assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-92 - Eligible projects

Current through June, 2024
(a) The authority
				  may attach Section 8 voucher assistance to dwelling units in newly constructed
				  and existing structures of various types including single-family housing and
				  multifamily structures.
(b) The
				  authority may not attach Section 8 voucher assistance to dwelling units in the
				  following types of housing:
(1) Owner
				  occupied dwelling units; however, cooperatives are considered to be rental
				  housing for purposes of this subchapter;
(2) Mobile or manufactured homes;
(3) Shared housing, nursing homes, and
				  facilities providing continual psychiatric, medical, nursing services, board
				  and care or intermediate care;
(4)
				  Except for existing dwelling units, housing for which the construction or
				  rehabilitation has started prior to execution of an agreement with the
				  authority;
(5) Dwelling units
				  within the grounds of penal, reformatory, medical, mental, and similar public
				  or private institutions;
(6)
				  Housing located in an area that has been identified by the Federal Emergency
				  Management Agency as having special flood hazards unless the community in which
				  the area is situated is participating in the National Flood Insurance
				  Program;
(7) Housing located in the
				  coastal barrier resources system designated under the Coastal Barrier Resources
				  Act;
(8) College or other school
				  dormitories;
(9) Dwelling units
				  subsidized under other federal housing programs including:
(i) Public housing;
(ii) A dwelling unit subsidized by any other
				  form of section 8 assistance;
(iii)
				  A dwelling unit subsidized with any local or state rent subsidy;
(iv) A section 236 project or a dwelling unit
				  subsidized with section 236 rental assistance payments;
(v) A Rural Development Administration
				  section 515 project;
(vi) A
				  dwelling unit subsidized with rental assistance payments under section 521 of
				  the Housing Act of 1949 (a Rural Development Administration Program);
(vii) Housing assisted under former section
				  23 of the United States Housing Act of 1937 (before amendment by the Housing
				  and Community Development Act of 1974);
(viii) A section 221(d)(3) project;
(ix) A project with a section 202
				  loan;
(x) A section 202 project for
				  non-elderly persons with disabilities;
(xi) Section 202 supportive housing for the
				  elderly;
(xii) Section 811
				  supportive housing for persons with disabilities;
(xiii) A section 101 rent supplement
				  project;
(xiv) A dwelling unit
				  subsidized with tenant-based assistance under the HOME program, or any dwelling
				  unit with any other duplicative federal, state, or local housing subsidy, as
				  determined by HUD.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-93 - Notification of project-based assistance

Current through June, 2024
(a) The authority
				  shall publish requests for proposals to participate in the Section 8
				  project-based voucher program in a newspaper of general circulation once a week
				  for three consecutive weeks. The advertisement shall state the number of
				  vouchers available for project-based assistance; whether proposals will be
				  accepted for rehabilitation, new construction, or existing dwelling units;
				  state the selection criteria; and specify an application deadline of at least
				  thirty days after the date the advertisement is last published.
(b) The authority may select dwelling units
				  to which assistance is to be attached, without advertising under paragraph (a)
				  of this section and without applying the selection factors otherwise required
				  under section 17-2031-95, if attachment of
				  project-based assistance would further the purposes of the sale of a public
				  housing project to a resident management corporation under section 21 of the
				  United States Housing Act of 1937.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-95 - Review and screening of applications

Current through June, 2024
(a) Applications
				  shall be time and date stamped and assigned a number.
(b) Applications shall be screened for
				  completeness, i.e., submission of information required under sections
				  17-2031-92 and 94. Applications
				  that do not meet the application submission deadline or information
				  requirements shall be rejected by the executive director.
(c) The authority shall review each
				  application and any additional information submitted by the applicant or
				  obtained from other sources in its review of each application. Additional
				  information or data may be requested and the authority may independently verify
				  any or all information supplied by the applicant.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-96 - Selection of project applications

Current through June, 2024
(a) Based upon the
				  review of the applications, documents, and any additional information submitted
				  by the applicants or obtained from other sources by the authority, the
				  executive director shall prepare a recommendation to the board to attach
				  Section 8 voucher assistance to specific projects.
(b) The board shall review the recommendation
				  of the executive director and, if the board determines that the project-basing
				  of Section 8 voucher assistance for a specific project is consistent with the
				  public housing agency plan and the goals of deconcentrating poverty and
				  expanding housing and economic opportunities, it may approve the application
				  and authorize the executive director to allocate an appropriate amount of
				  Section 8 voucher funding, subject to such terms and conditions as it deems
				  necessary or appropriate to assure compliance with 24 C.F.R. part 983 , as it
				  existed on October 20, 2022 and these rules.
(c) Upon the board's approval to allocate
				  Section 8 voucher funding to an applicant, the executive director shall notify
				  the applicant of the allocation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-97 - Agreement to enter into housing assistance contract

Current through June, 2024
(a)
				  The authority shall enter into an agreement with the selected project owner
				  prior to the start of any new construction or rehabilitation.
(b) After the agreement has been executed,
				  the owner shall promptly proceed with the construction or rehabilitation work
				  as provided for in the agreement. If the work is not promptly commenced,
				  diligently continued, or completed, the authority may terminate the agreement
				  or take other appropriate action.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-98 - Eligibility and selection of tenants

Current through June, 2024
(a) Tenants in a
				  section 8 project-based voucher assisted dwelling unit shall meet the
				  eligibility criteria set forth in section
				  17-2031-22.
(b) The authority may use the section 8
				  tenant-based waiting list as set forth in section
				  17-2031-26.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-99 - Dwelling unit cap on project-based dwelling units by project

Current through June, 2024
(a) The authority may not select a proposal
				  to provide project-based voucher assistance for dwelling units in a project or
				  enter into an agreement or HAP contract to provide PBV assistance for dwelling
				  units in a project, if the total number of dwelling units in the project that
				  will receive PBV assistance during the term of the PBV HAP is more than 25
				  percent of the number of dwelling units, either assisted or unassisted, in the
				  project.
(b) Exceptions to the 25
				  percent cap per project are permitted, where PBV dwelling units are not counted
				  against the cap, when:
(1) The dwelling units
				  are in a single-family project, comprising one to four dwelling units;
				  or
(2) The dwelling units are
				  excepted dwelling units in a multifamily project because they are made
				  available for elderly or disabled families receiving supportive services, also
				  known as qualifying families.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-100 - Rental assistance demonstration

Current through June, 2024
Where the authority chooses to convert public housing
					 projects to Rental Assistance Demonstration (RAD) Section 8 Project Based
					 Voucher (PBV) the provisions of this section and its subsections will apply. In
					 the event of a conflict between applicable RAD notices and guidance issued by
					 HUD and the following provisions, applicable RAD notices and guidance apply.
					 When future notices or amendments are issued by HUD and create a conflict, the
					 authority shall amend its rules to comply with the new HUD
					 requirements.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-101 - Term of the RAD PBV contract

Current through June, 2024
(a) The initial
				  contract will be for a period of at least fifteen years. The initial contract
				  may be up to twenty years upon request of the project owner and with approval
				  by the authority.
(b) Upon
				  expiration of the initial contract, the authority must offer, and the project
				  owner must accept, renewal of the contract subject to the terms and conditions
				  applicable at the time of renewal and the availability of appropriated funds
				  and the owner's satisfactory RAD PBV program performance, for such periods as
				  the authority deems appropriate and in accordance with HUD
				  instructions.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-102 - Contract rents

Current through June, 2024
The initial rent to project owner will be provided by HUD
					 based on the level of public housing capital and operating subsidies and tenant
					 rents, and shall be further constrained by the reasonable rent and as otherwise
					 provided in RAD program requirements.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-103 - Re-determining rent to owner - rent reasonableness

Current through June, 2024
(a) Contract
				  rents will be adjusted only by HUD's OCAF at each anniversary of the HAP
				  contract, subject to the availability of appropriations for each year of the
				  contract term.
(1) OCAF means "an operating
				  cost adjustment factor established by HUD that is applied to the current
				  contract rent, less the portion of the rent paid for debt service".
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-104 - Conversion from public housing to RAD

Current through June, 2024
(a) At conversion,
				  current public housing households are not subject to rescreening, income
				  eligibility, or income targeting. These households will be grandfathered for
				  conditions that occurred prior to conversion, but will be subject to any
				  ongoing eligibility requirements for actions that occur after
				  conversion.
(b) Once any such
				  household moves out, the dwelling unit must be leased to an eligible family. To
				  facilitate the right to return to the assisted property, this provision shall
				  apply to current public housing residents of the converting project that will
				  reside in non-RAD PBV dwelling units placed on a project site that contains RAD
				  PBV dwelling units or PBRA dwelling units. Such families and such contract
				  dwelling units otherwise will be subject to all requirements of the PBV
				  program, except as may be modified by any RAD requirements.
(c) Households at project sites converting to
				  RAD who were not public housing residents that will reside in non-RAD PBV
				  dwelling units also will be subject to any applicable RAD requirements, to the
				  extent such requirements modify otherwise applicable PBV
				  requirements.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-105 - Phase-in of tenant rent increases

Current through June, 2024
(a) If a tenant's
				  monthly rent increases by more than the greater of ten percent or $25 purely as
				  a result of conversion, the rent increase will be phased in over 3 or 5
				  years.
(b) For each RAD
				  transaction, the authority shall specify prior to conversion whether the length
				  of the tenant rent phase-in will be 3 or 5 years, or a combination depending on
				  circumstances. The authority will communicate the policy in writing to affected
				  residents.
(c) The public housing
				  dwelling units at Kuhio Park Towers, owned and managed by project owner KPT
				  Towers 1, LLC, located at 1475 Linapuni Street #100, Honolulu, HI 96819, are
				  converting to RAD. Upon conversion to RAD, if the tenant's monthly rent
				  increases by more than the greater of ten percent or $25 purely as a result of
				  conversion, the rent increase shall be phased in over three (3)
				  years.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-106 - Termination notification requirements

Current through June, 2024
(a) In addition to
				  the regulations at 24 CFR
				  983.257, as it existed on October 20, 2022,
				  related to project owner termination of tenancy and eviction, the termination
				  procedure for RAD conversions to PBV will require adequate written notice of
				  termination of the lease which shall be:
(1) A
				  reasonable period of time, but not to exceed 30 days:
(A) If the health or safety of other tenants,
				  project owner employees, or persons residing in the immediate vicinity of the
				  premises is threatened; or
(B) In
				  the event of any drug-related or violent criminal activity or any felony
				  conviction;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-107 - Grievance process

Current through June, 2024
(a) For the
				  termination of assistance and several other authority determinations, the PBV
				  program rules require the authority to provide an opportunity for an informal
				  hearing, as outlined in 24
				  CFR 982.555, as it existed on October 20,
				  2022. RAD specifies alternative requirements for
				  24 CFR
				  982.555(b), as it existed on
				  October 20, 2022, in part, to require that:
(1) In addition to reasons that require an
				  opportunity for an informal hearing given in
				  24 CFR
				  982.555(a) (1) (i)-(vi), as
				  it existed on October 20, 2022, an opportunity for an informal hearing must be
				  given to families for any dispute that a family may have with respect to a
				  project owner action in accordance with the family's lease or the authority in
				  accordance with RAD PBV requirements that adversely affect the family's rights,
				  obligations, welfare, or status.
(A) For any
				  hearing required under 24
				  CFR 982.555(a) (1) (i)-(vi),
				  as it existed on October 20, 2022, the authority will perform the hearing, as
				  is the current standard in the program. The hearing officer must be selected in
				  accordance with 24 CFR
				  982.555 (e) (4) (i), as it
				  existed on October 20, 2022.
(B)
				  For any additional hearings required under RAD, the project owner will perform
				  the hearing.
(1) There is no right to an
				  informal hearing for class grievances or to disputes between families not
				  involving the project owner or the authority.
(2) The project owner gives families notice
				  of their ability to request an informal hearing as outlined in
				  24 CFR
				  982.555(c) (1), as it
				  existed on October 20, 2022, for informal hearings that will address
				  circumstances that fall outside of the scope of
				  24 CFR
				  982.555(a)(1)(i)-(vi), as it
				  existed on October 20, 2022.
(3)
				  The project owner provides opportunity for an informal hearing before an
				  eviction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-108 - Establishment of waiting list

Current through June, 2024
(a) For public
				  housing projects converting to Section 8 assistance through the RAD program,
				  there shall be a preference established on the RAD waiting list for applicants
				  currently on the public housing waiting list wishing to be added to the RAD or
				  PBV site based waiting list for the converting dwelling units.
(b) Individuals on the public housing waiting
				  list who wish to be added to the RAD waiting list shall maintain their original
				  public housing application date. The authority considers this the best means to
				  transition applicants from the current public housing waiting list as provided
				  by RAD Notice 2019-23 as amended or superseded
				  from time to time.
(c) At
				  conversion, the authority will inform applicants on the applicable geographic
				  or site based public housing waiting list via electronic or written notice of
				  the availability of the PBV waiting list. The authority will inform individuals
				  of the opening of the waiting list consistent with
				  24 CFR
				  983.251, as it existed on October 20, 2022,
				  and these rules.
(d) The authority
				  shall maintain its waiting list in accordance with all applicable civil rights
				  and fair housing laws and regulations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-109 - Resident participation and funding

Current through June, 2024
For public housing conversions to long-term, project-based
					 Section 8 voucher rental assistance contracts, including RAD, residents will
					 have the right to establish and operate a resident organization for the purpose
					 of addressing issues related to their living environment and be eligible for
					 resident participation funding. Project owners must provide $25 per occupied
					 replacement PBV dwelling unit annually for resident participation, of which at
					 least $15 per occupied dwelling unit shall be provided to the legitimate
					 resident organization at the property.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 8 - SECTION 8 PROJECT-BASED VOUCHER PROGRAM › Section 17-2031-110 - Voucher inventory turnover cap

Current through June, 2024
The authority shall not have a voucher turnover
					 cap.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 9 - MISCELLANEOUS PROVISIONS › Section 17-2031-201 - Severability

Current through June, 2024
If any part, section, sentence, clause, of phrase of this
					 chapter, of its application to any person or transaction of other circumstances
					 is for any reason held to be unconstitutional or invalid, the remaining parts,
					 sections, sentences, clauses, and phrases of this chapter, or the application
					 of this chapter to other persons or transactions or circumstances shall not be
					 affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 9 - MISCELLANEOUS PROVISIONS › Section 17-2031-202 - Number

Current through June, 2024
The use of all words used in the singular shall extend to
					 and include the plural.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 17-2032-1 - Purpose

Current through June, 2024
These rules govern the establishment, operation and
					 responsibilities of the resident advisory board or boards to comply with the
					 requirements of the federal Quality Housing and Work Responsibility Act of
					 1998; and set forth a process for nominations for the resident member to the
					 authority's board of directors.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 17-2032-3 - Scope of responsibilities

Current through June, 2024
It is the responsibility of the resident advisory board
					 to:
(1) Assist and make
				  recommendations regarding the public housing agency plan; and
(2) Prepare a list of nominees who are
				  eligible to serve as the resident member to the board of the
				  authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 17-2032-4 - Applicability of rules

Current through June, 2024
The rules under this chapter shall apply to all practices
					 and procedures of the resident advisory board. The resident advisory board
					 shall refer to Robert's Rules of Order for guidance on procedural matters not
					 addressed in the resident advisory board's rules or in law.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 1 - GENERAL PROVISIONS › Section 17-2032-5 - Gender and number

Current through June, 2024
In any rule of the resident advisory board, all words used
					 in the masculine or singular shall extend to and include the feminine or
					 plural.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 2 - RESIDENT ADVISORY BOARD MEMBERSHIP › Section 17-2032-21 - Resident advisory board

Current through June, 2024
(a) The members of
				  the resident advisory board shall represent federal public housing projects and
				  Section 8 tenants and be at least eighteen years of age, are authorized members
				  of an assisted household, and in compliance with the rental agreement. All
				  members shall serve without pay, but shall be reimbursed for necessary
				  expenses. All expenses shall be part of an approved budget. No expenditures
				  shall be made by the resident advisory board without prior written approval by
				  the Executive Director.
(b) The
				  resident advisory board shall consist of a minimum of nine members which shall
				  comprise the following:
(1) At least one
				  representative of public housing projects from each of the counties of Hawaii,
				  Kauai and Maui;
(2) Four
				  representatives of public housing projects geographically allocated from Oahu.
				  The geographic breakdown consists of:
(A) At
				  least one representative from Windward (Waimanalo to Kahalu'u);
(B) At least one representative from Leeward
				  (Pearl City, Waipahu, Waianae, Nanakuli, and Kapolei);
(C) At least one representative from Central
				  (Wahiawa to Waialua); and
(D) At
				  least one representative from Honolulu (Red Hill to Palolo); and
(3) At least two representatives
				  geographically allocated from Oahu who are recipients of Section 8 tenant-based
				  assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 2 - RESIDENT ADVISORY BOARD MEMBERSHIP › Section 17-2032-22 - Terms of office

Current through June, 2024
(a) The members of
				  the resident advisory board shall serve terms that are concurrent with terms of
				  the respective members of the recognized resident council.
(b) Each term shall be a maximum of three
				  years.
(c) Members shall be limited
				  to serve a total of two consecutive terms or a maximum of six consecutive
				  years.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 2 - RESIDENT ADVISORY BOARD MEMBERSHIP › Section 17-2032-23 - Removal from office

Current through June, 2024
A member of the resident advisory board may be removed from
					 the board for the conviction of any crime or if the member is no longer a
					 tenant of public housing or section 8 recipient.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 3 - RESIDENT ADVISORY BOARD OFFICERS › Section 17-2032-31 - Officers

Current through June, 2024
The officer's of the resident advisory board shall serve
					 for a terra of one year and may consist of the following positions and
					 duties:
(1) Chairperson, who shall
				  conduct all meetings; Vice Chairperson, who shall assume any duties assigned by
				  the Chairperson, and who shall assume the duties of the Chairperson in the
				  absence of the Chairperson;
(2)
				  Treasurer, who shall maintain any financial record of the resident advisory
				  board and who assumes the duties of the Chairperson in the absence of either
				  the Chairperson or Vice-Chairperson;
(3) Secretary, who shall maintain and record
				  all resident advisory board proceedings; and
(4) Sergeant of Arms, who shall keep order of
				  any meeting, including adherence to any parliamentary procedure or State
				  procedural requirements.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 3 - RESIDENT ADVISORY BOARD OFFICERS › Section 17-2032-32 - Election of officers

Current through June, 2024
Officers shall be elected from among members of the
					 resident advisory board and shall serve until the new officers of the advisory
					 board are elected. The advisory board shall hold meetings yearly to select
					 officers.