Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 2 - ELIGIBILITY › Section 17-2028-22 - Eligibility for admission and participation

Current through June, 2024
(a) To be eligible
				  for participation in the program, applicant and family members shall meet all
				  of the requirements of the pre-application and final application phases as set
				  forth below:
(1) During the pre-application
				  phase, the applicant and adult family members shall:
(A) Qualify as a family;
(B) Be income eligible as determined under
				  section 17-2028-3;
(C) Not have an outstanding debt owed to the
				  authority as a participant in any of its programs;
(D) Not have an outstanding liability for
				  unpaid rent or damages incurred while previously participating in any section 8
				  rental subsidy program or any HUD rental assistance program;
(E) Provide a social security number for all
				  family members or certify that the person does not have a social security
				  number;
(F) Not have been evicted
				  since March 1, 1985, from a public housing program administered by the
				  authority or any of its predecessors, the housing and community development
				  corporation of Hawaii or Hawaii housing authority with the exception of
				  evictions solely due to failure to pay rent, in which case, the applicant can
				  be admitted upon payment in full of the unpaid amounts due to the
				  agency;
(G) Not have been evicted
				  from assisted housing by reason of drug-related criminal activity for a
				  three-year period beginning on the date of the eviction unless the evicted
				  tenant successfully completes a supervised drug rehabilitation program approved
				  by the authority;
(H) Not have
				  committed fraud, bribery, or any other corrupt or criminal act in connection
				  with any federal or state housing program;
(I) Not be currently engaging in illegal use
				  of a drug or give the authority reasonable cause to believe that a household
				  member's illegal use (or pattern of illegal use) of a drug or abuse (or pattern
				  of abuse) of alcohol may interfere with the health, safety, or right to
				  peaceful enjoyment of the premises by other tenants. For the purposes of this
				  subsection:
(i) "Currently engaged in" means
				  the person has engaged in the behavior recently enough to justify a reasonable
				  belief that the behavior is current; and
(ii) In determining whether to deny
				  eligibility based on a pattern of illegal use of a drug or a pattern of abuse
				  of alcohol by a household member, the authority may consider rehabilitation as
				  provided for under 42 U.S.C.
				  §
														13661(b) (2) (A)-(C)
				  as it existed on October 20, 2022.
(J) Not currently or during a three year
				  period preceding the date when the applicant household would otherwise be
				  selected for admission be engaged in any drug-related criminal activity or
				  violent criminal activity or other criminal activity involving assault,
				  terroristic threatening, firearms, dangerous weapons, harassment, kidnapping,
				  sexual assault, extortion, forgery, burglary, unauthorized entry into a
				  dwelling, unauthorized entry into motor vehicle, criminal property damage,
				  criminal trespass on public housing property, disorderly conduct, child
				  pornography, and consuming liquor on public housing property, which is
				  considered as reasonably likely to adversely affect the health, safety, right
				  to peaceful enjoyment of the premises by other tenants, the authority, or
				  staff;
(K) Not have been convicted
				  of drug-related criminal activity for the manufacture, production, or
				  distribution of methamphetamines;
(L) Not subject to lifetime registration
				  requirements under any state sex offender's registration program;
(M) Disclose tobacco use of all family
				  members within the household.