Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 2 - ELIGIBILITY › Section 17-2028-23 - Eligibility for a live-in aide

Current through June, 2024
(a) For a person to
				  be eligible to live in a public housing project as a live-in aide solely to
				  assist a family member with disabilities in daily living activities, such as
				  bathing, meal preparation and delivery, medicinal care, transportation, and
				  physical. activities, an applicant or family member must have a request for a
				  live-in aide approved by the authority. The proposed live-in aide shall meet
				  the requirements set forth below:
(1) The
				  proposed live-in aide shall:
(A) Not have an
				  outstanding debt owed to the authority;
(B) Not have been evicted from a public
				  housing program administered by the authority. If the proposed live-in aide was
				  evicted solely due to failure to pay rent, the proposed live-in aide can only
				  be added to the household upon payment in full of the unpaid amount owed to the
				  authority;
(C) Not have committed
				  fraud, bribery, or any other corrupt or criminal act in connection with any
				  federal or state housing program;
(D) Not have been convicted of drug-related
				  criminal activity for the manufacture, production, or distribution of
				  methamphetamines;
(E) Not currently
				  or during a three-year period preceding the date when the household requested
				  approval for the proposed live-in aide, be engaged in criminal actively
				  involving crimes against persons or property that is a threat to the health,
				  safety, or property of others. For purposes of this subsection, in determining
				  eligibility, the authority shall consider whether a person convicted for such a
				  crime has successfully completed a rehabilitation program approved by the
				  authority, or whether the circumstances leading to the criminal conviction no
				  longer exist;
(F) 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
				  proposed live-in aide successfully completes a supervised drug rehabilitation
				  program approved by the authority.
(G) Not currently or during a three-year
				  period preceding the date of the request for a live-in aide engage 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 a 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;
(H) Not be
				  currently engaging in the illegal use of a drug or give the authority
				  reasonable cause to believe that the proposed live-in aide's illegal use or
				  pattern of illegal use of a drug or abuse of alcohol may interfere with the
				  health, safety or right to peaceful enjoyment of the premises by other tenants.
				  For purposes of this subsection:
(i)
				  "Currently engaging in" means the person has engaged in the behavior recently
				  enough to justify a reasonable belief that the behavior is present and ongoing;
				  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, the authority may consider rehabilitation as provided for
				  under 42 U.S.C. §
														13661(b)(2)(A)-(C)
(I) Not be subject to
				  any lifetime requirement in any state for any state sex offender's
				  program.
(J) Provide a social
				  security number or certify that the proposed live-in aide does not have a
				  social security number;
(K)
				  Disclose the proposed live-in aide's tobacco use;
(L) Not engage in or threaten abusive or
				  violent behavior toward the authority's staff. For purpose of this subsection,
				  "threaten" means an oral or written threat or physical gestures that
				  communicate intent to abuse or commit violence. Abusive or violent behavior may
				  be verbal or physical and include use of expletives that are generally
				  considered insulting, racial epithets, or other language, written or oral, that
				  is customarily used to insult, intimidate, or threaten;
(M) Furnish evidence that the proposed
				  live-in aide is a resident as defined in section
				  17-2035-2; and
(N) Not have or bring any pet or animal, into
				  the dwelling unit on a temporary or permanent basis.