reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-18 - Documentation

Current through June, 2024
(a) The state agency shall maintain
				relocation records showing:
(1) State and
				federal project and parcel identification;
(2) Names and addresses of displaced persons
				and their complete original and new addresses and telephone numbers (if
				available after reasonable effort to determine where relocated moved without
				assistance);
(3) Personal contacts
				made with each displaced person; including, for each displaced person:
(A) Date of notification of availability of
				relocation payments and services;
(B) Name of the official offering or
				providing relocation assistance;
(C) Whether the offer of assistance was
				declined or accepted and the name of the individual accepting or declining the
				offer;
(D) Dates and substance of
				subsequent follow-up contacts;
(E)
				Date on which the displaced person was required to move from the property
				acquired;
(F) Date on which actual
				relocation occurred and whether relocation was accomplished with the assistance
				of the state agency, referrals to other agencies, or without assistance. If the
				latter, an approximate date for actual relocation is acceptable; and
(G) Type of tenure before and after
				relocation;
(4) For
				displacements from dwellings:
(A) Number in
				family;
(B) Type of property
				(single family detached, multi-family, etc.);
(C) Value, or monthly rent; and
(D) Number of rooms occupied; and
(5) For displaced businesses;
(A) Type of business;
(B) Whether continued or terminated;
				and
(C) If relocated, distance
				moved (estimate acceptable).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-19 - Assurance of availability of housing

Current through June, 2024
Any state agency which misplaces any person shall, at least
				  one hundred twenty days prior to any displacement, provide the following to the
				  corporation:
(1) A feasible method for
				the relocation of families and individuals displaced from the property
				acquired; and
(2) Assurance that
				there are or are being provided in areas not generally less desirable in regard
				to public utilities and public and commercial facilities and at rents or prices
				within the financial means of the families and individuals displaced, decent,
				safe, and sanitary dwellings equal in number to the number of displaced
				families and individuals and available to such displaced families and
				individuals and reasonably accessible to their places of employment
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Section 17-2017-20 - Relocation assistance programs

Current through June, 2024
(a) Planning for
				relocation programs shall be accomplished in stages:
(1) Until such time as the final location is
				approved, the tenant is not to be disturbed in any way. Prior to the completion
				of this stage, the state agency shall make preliminary investigation which will
				furnish the following information for each of the various alternative locations
				given final consideration:
(A) Identify the
				approximate number of individuals and families to include the number of adults
				and children as well as relocation housing requirements in terms of number of
				bedrooms needed to accommodate the displacees;
(B) Identify the number and type of
				businesses, farms, and non-profit organizations as well as the type and
				quantity of space or area needed to meet the requirements for the displaced
				businesses, farms and non-profit organizations;
(C) The probable availability of comparable
				replacement housing, commercial or industrial space and farm areas in the areas
				of preference and within the financial means of those being displaced;
				and
(D) Outline the basis upon
				which the preliminary findings of the state agency are made and include same in
				the required relocation plan.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2017 - ASSISTANCE TO DISPLACED PERSONS › Exhibit A - OPTIONAL FIXED PAYMENTS MOVING COST SCHEDULE APPLICABLE TO STATE FUNDED DISPLACEMENTS

Current through June, 2024
The following optional fixed payments moving cost schedule
				  applies to unfurnished and furnished dwelling units as indicated:
A. Allowances for Moving Expenses for
				Unfurnished Dwelling Units:
Occupant owns furnishings - also applies to partly furnished
				  units.
1)
1
2
3
4
5
6
7
8
Rooms
*
Rooms
*
Rooms
*
Rooms
*
Rooms
*
Rooms
*
Rooms
*
Rooms
*
$65
$100
$135
$175
$215
$255
$295
$300
2) In
				addition to the allowances for the moving expenses shown in A. (1) above, for
				unfurnished dwelling units, a dislocation allowance of $200 is also authorized
				for each individual or family displaced.
3) The maximum optional fixed payments amount
				is $500 per individual or family displaced. This amount is composed of a
				maximum of $300 for moving expenses and $200 for a dislocation
				allowance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2020-1 - Purpose

Current through June, 2024
These rules shall govern the practice and procedure for
					 terminating the tenancy of persons using or occupying any unit in a project
					 owned or operated by the Hawaii public housing authority except for rental
					 housing projects governed by chapter 356D-44, HRS. These rules afford tenants
					 an opportunity for a hearing if a tenant disputes any action by the authority
					 to evict the tenant from the tenant's unit. These rules shall be liberally
					 construed to ensure that the rights of the parties are preserved in a just and
					 timely resolution of every hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2020-3 - Communications

Current through June, 2024
(a) Communications to the eviction board may
				  be mailed or delivered to the authority's hearings office.
(b) A quorum of the eviction board,
				  consisting of at least one, but not more than three members, shall be present
				  to validate any action taken.
(c)
				  No employee of the authority shall be an eviction board member, unless
				  specifically designated by the authority.
(d) All documents issued by the eviction
				  board may be executed by facsimile signature.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2020-4 - Process Service

Current through June, 2024
(a) All documents
				  issued for the purposes of this chapter shall be served either:
(1) Personally to the tenant or adult
				  household member by any person who is not a party and is not less than 18 years
				  of age of the State; or
(2) By
				  certified mail return receipt requested; or
(3) If personal Service or service by
				  certified mail cannot be effectuated, the document or documents may be served:
(i) By posting the document or documents on
				  the unit occupied by the tenant and by first class mail to the party's last
				  known address; or
(ii) By
				  publication in a newspaper of general circulation and by first class
				  mail.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2020-5 - Grounds for termination of tenancy and eviction

Current through June, 2024
(a) The
				  eviction board shall determine whether there are sufficient grounds for
				  termination of the rental agreement.
(b) The grounds for termination of the rental
				  agreement are set forth in section
				  356D-92,
				  HRS, and section 17-2028-59.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 2 - HEARING PROCEDURE › Section 17-2020-11 - Notice of cause for cases referred for eviction

Current through June, 2024
(a) Project
				  managers within each county may initiate eviction proceedings for any of the
				  reasons set forth in section
				  356D-92,
				  HRS, as it existed on March 28, 2013, and section 17-2028-59. The tenant shall
				  be notified in writing and the document shall State the reason for and the date
				  of the proposed termination of the agreement. The document shall also inform
				  the tenant of the tenant's rights to reply to the authority's staff and to
				  request a grievance hearing.
(b) If
				  the violation is for delinquent payment of rent, the authority may negotiate a
				  reasonable payment arrangement with a family in accordance with section
				  17-2028-58.
(c) The tenant shall be
				  notified in accordance with
				  24 C.F.R. §966.4(k) and
				  (1)(3) and section 356D-93(a), HRS, as they
				  existed on March 28, 2013.
(d) If
				  the tenant fails to respond within the time period prescribed by the notice of
				  proposed termination, the project manager shall submit a written request to the
				  eviction board that the tenant be evicted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 2 - HEARING PROCEDURE › Section 17-2020-12 - Notice of hearing

Current through June, 2024
Notice of hearing shall meet the requirements of
					 24 C.F.R. §966.4(k),
					 (1)(3), (m) and section 356D-93(a), HRS, as
					 they existed on March 28, 2013.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 2 - HEARING PROCEDURE › Section 17-2020-13 - Request for subpoena

Current through June, 2024
(a) Only the
				  parties to the hearing may request the issuance of a subpoena, subject to
				  subsection (b). The eviction board or its designated representative shall issue
				  the subpoena.
(b) The request for
				  issuance of a subpoena of a witness shall be in writing and shall State the
				  name and address of the desired witness and the reasons why the testimony of
				  the witness is material and relevant to the issues in the hearing. The party
				  requesting the subpoena shall pay to the witness the same fees and mileage as
				  prescribed in chapter 607, HRS. The request for issuance of a subpoena duces
				  tecum for documents and records shall be in writing. The party requesting the
				  subpoena duces tecum for documents and records shall pay all copying costs. The
				  request shall specify the particular document or record, or part thereof
				  sought, and shall State the reasons why the document or record is material and
				  relevant to the issues of the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › A - Condition › Section 17-2020-21 - Counsel

Current through June, 2024
(a) Unless otherwise directed by the eviction
					 board, one counsel for each party represented shall be permitted to conduct
					 direct and cross examination of a witness, State and argue an objection or
					 motion, and make opening or closing argument.
(b) A tenant may appear on the tenant's own
					 behalf or with another person as the tenant may authorize.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › A - Condition › Section 17-2020-22 - Motions

Current through June, 2024
(a) All motions shall State the grounds and
					 shall set forth the relief or order sought. Motions need not be in
					 writing.
(b) All motions shall be
					 presented to the eviction board at the commencement of the hearing. If a
					 written motion is presented, a copy shall be provided to the opposing
					 party.
(c) The opposing party may
					 State Opposition to any motion presented to the eviction board. The eviction
					 board may consider all motions and opposing motions and shall rule on each
					 motion when appropriate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › A - Condition › Section 17-2020-23 - Waiver of procedure

Current through June, 2024
Upon agreement of the parties, any procedure in a
						hearing may be modified or waived and informal disposition may be made of any
						case by agreed settlement. consent order, or default.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › A - Condition › Section 17-2020-24 - Records

Current through June, 2024
(a) The hearings Clerk shall keep written
					 summaries of all hearings. Neither a full transcript nor recording of the
					 hearing shall be required.
(b) All
					 records of a hearing shall be confidential pursuant to section
					 92F-13(2),
					 HRS, and released only at the direction of the eviction board, by judicial
					 order, upon request by a tenant who is a party to the hearing, or upon the
					 filing of a notice of appeal pursuant to chapter
					 91, HRS, and section
					 356D-96,
					 HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › B - Hearings › Section 17-2020-31 - Eviction Board

Current through June, 2024
(a) In all hearings
					 where the eviction board consists of more than one member, the presiding
					 officer shall preside.
(b) The
					 eviction board shall determine the order of appearance of the parties to a
					 hearing and shall administer the oath to all witnesses as prescribed by section
					 621-12, HRS.
					 The eviction board may limit the time of each witness giving testimony upon a
					 particular issue.
(c) The eviction
					 board shall consist of not less than one and no more than three members, of
					 which one member shall be a tenant.
(d) Hearings shall be conducted in an
					 informal manner unless otherwise required by law.
(e) The eviction board may remove any person
					 who disrupts a hearing.
(f) If a
					 tenant, the tenant's attorney, or the tenant's representative is removed for
					 disruptive conduct, the hearing may continue and a determination made based
					 upon the available evidence and testimony presented.
(g) All hearings shall be confidential and
					 closed to the public unless the tenant agrees otherwise.
(h) The hearing may be conducted through the
					 use of video conferencing technology in accordance with section
					 356D-93(b),
					 HRS, as it existed on March 28, 2013. The authority shall notify the tenant,
					 the tenant's attorney, or the tenant's representative in writing prior to the
					 scheduled hearing date that the hearing shall be conducted using video
					 conferencing technology.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › B - Hearings › Section 17-2020-32 - Default

Current through June, 2024
A tenant who fails to appear at a hearing after being
						duly notified may be found in default and the eviction board may proceed with
						the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › B - Hearings › Section 17-2020-33 - Curable and Non-Curable Violations

Current through June, 2024
(a) The eviction
					 board shall determine whether or not the violation of the rental agreement
					 constitutes a curable or non-curable violation. A violation is curable if the
					 violation for which the tenant is being referred is a first offense and is not
					 defined as a non-curable violation.
(b) Non-curable violations include:
(1) Any violations that threaten the health
					 or safety of the other residents or the authority's employees or
					 representatives;
(2) Any
					 drug-related criminal activity or violent criminal activity;
(3) Any criminal activity that threatens the
					 health, safety, or right to peaceful enjoyment of the other residents or the
					 authority's employees or representatives;
(4) Where the tenant has received notice from
					 the United States Department of Housing and Urban Development that the tenant
					 is no longer eligible to remain in the unit;
(5) Where any member of the family has been
					 convicted of a felony during the term of the tenancy, and the felony is related
					 to the authority's property or funds, the resident association or tenant
					 association's property or funds, homicide, assault, terroristic threatening,
					 firearms, dangerous weapons, kidnapping, sexual assault, extortion, burglary,
					 unauthorized control of propelled vehicle, and criminal property damage;
					 and
(6) Where
					 24 C.F.R.
					 §966.4 as it existed on March 28, 2013
					 requires termination of the rental agreement and eviction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 4 - APPEALS › Section 17-2020-41 - Appeals of contested case hearings

Current through June, 2024
Any person aggrieved by the final decision and order of
					 the eviction board may institute proceedings for review in the circuit court
					 within thirty days after receipt of the decision as provided in section
					 356D-96,
					 HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2020 - EVICTION - PRACTICE AND PROCEDURE › Subchapter 5 - MISCELLANEOUS PROVISIONS › Section 17-2020-51 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of these
					 rules or its application to any person or circumstance is for any reason held
					 to be unconstitutional or invalid, the remaining parts, sections, sentences,
					 clauses, and phrases or applications of these rules to other persons or
					 circumstances shall not be affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2021-1 - Purpose

Current through June, 2024
These rules shall govern the practice and procedure for
					 hearing a grievance presented by a tenant of a federally-assisted public
					 housing project to the Hawaii public housing authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2021-2 - Applicability

Current through June, 2024
(a) The grievance procedure shall be
				  applicable to all individual grievances as defined in section 17-2021-3 between
				  the tenant of the federally-assisted public housing projects and the
				  authority.
(b) The grievance
				  procedure shall not be applicable to disputes between tenants not involving the
				  authority, or class grievances. This procedure shall not be used as a forum for
				  initiating or negotiating policy changes between tenants and the
				  authority.
(c) All grievances
				  involving an act or Omission of the authority relating to a rental agreement
				  shall be commenced within ten business days of such act or Omission.
(d) All grievances involving the authority' s
				  rules shall be commenced within ten business days of an act or Omission based
				  on such rule.
(e) The failure to
				  timely request such a hearing within the prescribed limits shall preclude any
				  request for a grievance hearing from occurring unless waived in writing by the
				  authority.
(f) The grievance
				  procedure shall not apply to state public housing projects, which include the
				  projects of Hauiki, Puahala, Lokahi, Kawailehua (State), Ka Haie Mua (State),
				  Ke Kumu Elua, Haie Po'ai, Halia Haie, Kamalu, Ho'olulu, and Lai'ola.
(g) The grievance procedure shall not apply
				  to any decision and order of eviction made pursuant to chapter
				  17-2020.
(h) If there is a conflict
				  between subsection (f) and any other rule, subsection (f) shall control.
(i) If there is a conflict between
				  subsection (g) and any other rule, subsection (g) shall control.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2021-3 - Definitions

Current through June, 2024
Whenever used in this chapter, unless specifically
					 defined:
"Authority" means the Hawaii public housing
					 authority.
"Complainant" means any tenant whose grievance is
					 presented to the corporation or at the project management office.
"Drug-related criminal activity" means the illegal
					 manufacture, sale, distribution, or use of a drug, or the possession of a drug
					 with intent to manufacture, sell, or use the drug.
"Federally-assisted public housing project" means a
					 low-income federally assisted public housing project as established by the
					 United States Housing Act of 1937, as amended.
"Grievance" means any dispute which a tenant may have with
					 respect to the authority's action or failure to act in accordance with the
					 individual tenant's rental agreement or the authority's rules which adversely
					 affect the individual tenant's rights, duties, welfare, or Status.
"Hearing officer" means a person selected in accordance
					 with sections
					 17-2021-12 and
					 17-2021-32 to hear grievances and
					 render a decision with respect thereto.
"Tenant" means the lessee or the remaining head of
					 household of any family residing in the authority's federally-assisted public
					 housing projects.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2021-4 - Termination of rental agreement based on Public Law 104-120

Current through June, 2024
The authority may also terminate a rental agreement
					 pursuant to
					 42
					 U.S.C. §1437 as it existed on October 3,
					 2011.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 2 - PRE-HEARING PROCEDURE › Section 17-2021-10 - Informal settlement of grievances

Current through June, 2024
(a) Any grievance
				  shall be personally presented, either orally or in writing, to the project
				  office of the project in which the complainant resides as a condition precedent
				  to a hearing under this chapter. At the time of the personal presentation, the
				  complainant must explicitly notify the project office that the tenant is
				  invoking the grievance procedure. If the project office and tenant agree to a
				  resolution in writing, the grievance shall be terminated.
(b) If the matter is not informally resolved
				  as provided in subsection (a), a summary of such discussion shall be prepared
				  within five business days and one copy shall be given to the tenant. The
				  summary shall specify the names of the participants, dates of meeting, the
				  nature of the proposed disposition of the complaint and the specific reasons
				  therefor, and shall specify the procedures by which a hearing under this
				  chapter may be obtained if the complainant is not satisfied.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 2 - PRE-HEARING PROCEDURE › Section 17-2021-11 - Request for hearing

Current through June, 2024
(a) The complainant
				  shall submit a written request for a hearing to the authority's project office
				  within ten business days after receipt of the summary of discussion pursuant to
				  section 17-2021-10. The written request shall specify:
(1) The reasons for the grievance;
				  and
(2) The action or relief
				  sought.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 2 - PRE-HEARING PROCEDURE › Section 17-2021-12 - Selection of hearing officer

Current through June, 2024
(a) A grievance
				  hearing shall be conducted by an impartial person or persons appointed by the
				  authority after consultation with resident organizations, as described below:
(1) The authority and resident organizations
				  shall nominate a slate of impartial persons to sit as hearing officers. Such
				  persons may include authority board members, authority staff members, tenants
				  in compliance with the lease agreement, professional arbitrators or mediators,
				  or others. The initial slate of nominees shall consist of not more than twenty
				  persons, of whom at least two shall be from each county.
(2) The authority will check with each
				  nominee to determine whether there is an interest in serving as a hearing
				  officer, whether the nominee feels fully capable of impartiality, whether the
				  nominee can serve without compensation, and what limitations on the nominee's
				  time would affect such Service.
(3)
				  Nominees who are not interested in serving as hearing officers or whose time is
				  too limited to make Service practical will be withdrawn and other names will be
				  substituted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 2 - PRE-HEARING PROCEDURE › Section 17-2021-13 - Escrow deposit

Current through June, 2024
(a) Concurrent with
				  filing a request for hearing pursuant to section 17-2021-11, and before a
				  hearing is scheduled in any grievance, the complainant shall pay to the
				  authority the full amount of rent due and payable as of the first of the month
				  and the full amount of rent for the current month. The complainant shall
				  thereafter make a timely deposit of the amount of the monthly rent monthly to
				  the authority until the complaint is resolved by decision of the hearing
				  officer. If the dispute involves the amount of rent which the authority Claims
				  is due, the complainant shall specify what portion of the current rent is in
				  dispute and the reasons therefor. The authority shall hold the rent amount in
				  dispute until the disposition of the grievance is final.
(b) The requirements in subsection (a) may be
				  waived by the authority for good cause shown by the tenant to the authority,
				  and unless so waived, the failure to make the payments shall result in a
				  termination of the grievance procedure, provided that failure to make the
				  payments shall not constitute a waiver of any right the complainant may have to
				  contest the authority's disposition of the complainant's grievance in any
				  appropriate judicial proceeding. Such waivers shall be in writing with reasons
				  therefore given.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 2 - PRE-HEARING PROCEDURE › Section 17-2021-14 - Scheduling of hearings

Current through June, 2024
Upon complainant's compliance with sections
					 17-2021-11 and
					 17-2021-13, and selection of a
					 hearing officer pursuant to section
					 17-2021-12, a hearing shall be
					 scheduled promptly by the hearing officer for a time and place reasonably
					 convenient to both the complainant and the authority. A written notification
					 specifying the time, place, and procedures governing the hearing shall be
					 delivered to the complainant and the appropriate official of the
					 authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 3 - HEARING PROCEDURE › Section 17-2021-20 - Procedures governing the hearing

Current through June, 2024
(a) The hearing
				  shall be held before a hearing officer.
(b) The complainant shall be afforded a fair
				  hearing providing the basic safeguards of due process which shall include:
(1) The opportunity to examine before the
				  hearing and, at the expense of the complainant, to copy all documents, records,
				  and rules of the authority that are relevant to the hearing. Any document not
				  made available after request with reasonable notice by the complainant may not
				  be relied on by the authority at the hearing;
(2) The right to be represented by counsel or
				  other person chosen as the complainant's representative;
(3) The right to a private hearing unless the
				  complainant requests a public hearing;
(4) The right to present evidence and
				  arguments in support of the complaint, to controvert evidence relied on by
				  project management, and to confront and cross-examine all witnesses on whose
				  testimony or Information the project management relies; and
(5) A decision based solely and exclusively
				  upon the facts presented at the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 3 - HEARING PROCEDURE › Section 17-2021-21 - Decision of the hearing officer

Current through June, 2024
(a) The hearing
				  officer shall prepare a written decision, together with the reasons therefor,
				  within ten business days after the hearing. A copy of the decision shall be
				  sent to the complainant and the authority. A copy of the decision with all
				  names and identifying references deleted, shall also be maintained on file by
				  the authority and made available for inspection by a prospective complainant,
				  the complainant's representative, or the hearing officer.
(b) The decision of the hearing officer shall
				  be binding on the authority which shall take all actions or refrain from any
				  action, necessary to carry out the decision unless the authority determines
				  within ten business days of the written decision and promptly notifies the
				  complainant of its determination, that:
(1)
				  The grievance does not concern the authority's action or failure to act in
				  accordance with or involving the complainant's rental agreement or the
				  authority's rules, which adversely affect the complainant's rights, duties,
				  welfare, or Status; or
(2) The
				  decision of the hearing officer is contrary to applicable federal, State, or
				  local law, Department of Housing and Urban Development regulations, or
				  requirements of the annual contributions contract between Department of Housing
				  and Urban Development and the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 4 - EXPEDITED GRIEVANCE PROCEDURES › Section 17-2021-30 - Applicability

Current through June, 2024
(a) The expedited grievance procedure is
				  established for any grievance concerning a proposed termination of tenancy that
				  involves:
(1) Any criminal activity that
				  threatens the health, safety, or right to peaceful enjoyment of the authority's
				  public housing premises by other residents or employees of the authority, or
(2) Any drug-related criminal
				  activity on or near such premises.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 4 - EXPEDITED GRIEVANCE PROCEDURES › Section 17-2021-31 - Request for hearing - expedited grievance

Current through June, 2024
The complainant shall submit a written request for
					 grievance hearing to the project office within five business days from the date
					 of the written notice of violation from management. The written request shall
					 specify:
(1) The reasons for the
				  grievance; and
(2) The action or
				  relief sought.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 4 - EXPEDITED GRIEVANCE PROCEDURES › Section 17-2021-33 - Failure to request a hearing -expedited grievance

Current through June, 2024
If the complainant does not request a grievance hearing as
					 set forth under this expedited grievance procedure, then the authority' s
					 disposition of the grievance shall become final, provided that failure to
					 request a grievance hearing shall not constitute a waiver of the complainant's
					 right to contest the authority's disposition of the grievance in a court of
					 competent Jurisdiction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 4 - EXPEDITED GRIEVANCE PROCEDURES › Section 17-2021-34 - Scheduling of hearings - expedited grievance

Current through June, 2024
Once the complainant has requested a grievance hearing
					 under this section, the hearing officer shall promptly schedule a hearing for a
					 time and place reasonably convenient to both the complainant and the authority.
					 A written notification specifying the time, place, and procedures governing the
					 hearing shall be delivered to the complainant and the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2021 - GRIEVANCE PROCEDURE › Subchapter 4 - EXPEDITED GRIEVANCE PROCEDURES › Section 17-2021-35 - Decision of the hearing officer -expedited grievance

Current through June, 2024
The decision of the hearing officer shall be in accordance
					 with section
					 17-2021-21.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-1 - Chapter purposes

Current through June, 2024
The purpose of this chapter is to promulgate rules
					 to:
(1) Provide a timely and
				  appropriate response to homelessness;
(2) Respond to the growing number of homeless
				  families and individuals who are unable to find affordable units to rent;
				  and
(3) Establish and govern the
				  Services and benefits that the corporation may provide for the homeless through
				  homeless facilities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-3 - Qualifying Standards for provider agencies

Current through June, 2024
(a) Any provider
				  agency applying for participation in any of the programs under this chapter
				  shall meet the following requirements:
(1)
(A) Be a for-profit Organization incorporated
				  under the laws of the State; or
(B)
				  Be a nonprofit Organization determined by the Internal Revenue Service to be
				  exempt from the federal income tax with a governing board whose members have no
				  material conflict of interest and serve without compensation, with bylaws or
				  policies that describe the manner in which business is conducted, and with
				  policies that relate to nepotism and management of potential conflict of
				  interest situations;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-4 - Selection of provider agencies

Current through June, 2024
(a) The corporation
				  may advertise the availability of funds for programs under this chapter in a
				  newspaper of general circulation. The legal advertisement shall, at a minimum:
(1) Give the location for obtaining proposal
				  application packages, which will provide specific application requirements and
				  guidelines; and
(2) Specify the
				  time and the place for submitting completed proposals.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-5 - Payments to provider agencies

Current through June, 2024
(a) The corporation
				  may make or may contract to make payments to a provider agency qualified under
				  section 17-2026-3.
(b) The
				  corporation shall specify the total amount of the contract and the amount of
				  payments to be made to a provider agency in the provider agency's contract with
				  the corporation.
(c) The provider
				  agency shall comply with the homeless program's administrative rules and
				  contract obligations or payment may be withheld at the discretion of the
				  corporation.
(d) A provider agency
				  may request payments by submitting a payment request in the form prescribed by
				  the corporation. As applicable, the payment request shall include a computation
				  of the funds requested, the contract reference number, and an attestation that
				  the Services for which the payment is being requested are being and will be
				  satisfactorily rendered and that all contractual obligations under the contract
				  are and will be duly fulfilled.
(e)
				  The corporation reserves the right to reallocate the portion of the awarded
				  contract amount that was unearned or unexpended on a timely basis.
(f) The corporation shall withhold a
				  percentage of the total contract amount as final payment subject to compliance
				  with all contract terms and conditions and satisfactory submittal of all
				  reports.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-6 - Indemnity and insurance

Current through June, 2024
(a) The corporation
				  and the State shall not be held liable for any Claims, damages causes of
				  actions, or suits resulting from any acts or activities of a provider
				  agency.
(b) Provider agencies shall
				  indemnify, defend, and hold harmless the corporation, and their officers,
				  agents, and employees from any liability, actions, claims, suits, damages, or
				  costs arising out of or resulting from the acts or omissions of a provider
				  agency, its officers, employees, agents, or subcontractors occurring in
				  connection with activities under this chapter.
(c) Provider agencies shall obtain and keep
				  in force general liability insurance and automobile insurance, for an amount as
				  specified in the request-for-proposal and any additional amounts requested by
				  the corporation as applicable. Provider agencies shall obtain insurance from a
				  Company authorized to conduct business in the State or an out-of-state Company
				  approved by the corporation, and provide the corporation with a certificate of
				  insurance to verify the existence of the insurance. The certificate shall be in
				  the amount required and name the housing and Community development corporation
				  of Hawaii as an additional insured.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-7 - Performance reports

Current through June, 2024
(a) A provider
				  agency shall submit to the corporation a report describing the use of the funds
				  received, including but not limited to the number of families and individuals
				  assisted and the types of assistance provided.
(b) The corporation may require provider
				  agencies to submit activity and financial reports in a form prescribed by the
				  corporation.
(c) The corporation
				  may require provider agencies to submit additional program Information or
				  records from time to time, including but not limited to demographic and program
				  activity Information, for use in a centralized database.
(d) If an amount of reported expenditures by
				  a provider agency is determined by the corporation to be inappropriate or
				  unallowable, the corporation may require that an equivalent amount of monies be
				  refunded by the provider agency to the corporation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-8 - Monitoring, maintenance, and access to records

Current through June, 2024
(a)
				  Performance of all provider agencies will be monitored on an ongoing basis by
				  the corporation. The corporation may conduct monitoring through file reviews,
				  site inspections, interviews, and other methods.
(b) If a provider agency fails to adequately
				  address monitoring findings, the corporation may suspend or cancel payments to
				  the provider agency, or terminate the contract without prejudice.
(c) The State, the corporation, the State
				  comptroller, and any authorized representatives, the committees and their
				  staffs of the State legislature and the legislative auditor shall have the
				  right of access to any book, document, paper, file, or other record of the
				  contractor that is related to the Performance of Services in order to conduct
				  monitoring and evaluation of the provider agency's Performance of Services and
				  the agency's program, management, and fiscal practices.
(d) The right of access shall not be limited
				  to the required retention but shall last as long as the records are retained.
				  The provider agency shall be required to retain all records for at least three
				  years, except if any litigation, investigation, audits, or other action is
				  underway. The corporation may set time limits of more than three years for the
				  required retention of records for specific homeless programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-9 - Determination of eligibility and need

Current through June, 2024
(a) Adequate
				  verification of eligibility shall be documented and maintained by the provider
				  agency providing shelter or Services to a homeless family or individual or the
				  corporation operating and managing its own homeless facility.
(b) An applicant determined to be ineligible
				  for participation in any of the programs for the homeless under this chapter
				  shall be notified in writing of the determination, the reasons of the
				  ineligibility by the provider agency, and the right to appeal and due process
				  pursuant to chapter 17-2029. If the applicant is unsheltered homeless, the
				  provider agency shall make reasonable attempts to satisfy this notification
				  requirement.
(c) An applicant to
				  any of the programs for the homeless under this chapter may be denied
				  assistance when the applicant has:
(1) Failed
				  to meet eligibility criteria as defined by the provider agency;
(2) Submitted false or misleading Information
				  or willfully withheld important Information from the provider agency providing
				  Services; and
(3) Endangered staff,
				  other clients, or any other person by violent or otherwise threatening
				  behavior.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-10 - Abuse of assistance

Current through June, 2024
(a) A participant
				  in any of the programs for the homeless under this chapter may be terminated
				  when a participant has:
(1) Submitted false
				  or misleading Information or willfully withheld important Information from the
				  provider agency providing Services;
(2) Violated any provision of these
				  rules;
(3) Violated any provision
				  of a written agreement between the provider agency and the
				  participant;
(4) Become ineligible
				  according to the provider agency's eligibility criteria;
(5) Become ineligible according to the
				  provider agency's program policies; or
(6) Endangered staff, other participants or
				  any other person by violent or otherwise threatening behavior.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-11 - Confidentiality

Current through June, 2024
All Information as to personal facts given or made
					 available to the corporation or a provider agency in the course of the
					 administration of any homeless program under this chapter shall be confidential
					 subject to the following:
(1) All
				  Information shall be kept in confidential records and filed in secured
				  equipment or rooms of the provider agency;
(2) Information may be released with the
				  specific written consent of the applicant or participant; provided that an
				  agency participating in the outreach program may share confidential Information
				  with other agencies or individuals when a specific Situation involving a
				  participant Warrants such release of Information, including but not limited to,
				  a threat to the health, safety, or welfare of the participant;
(3) Information may be released upon
				  presentation of a subpoena or court order as part of a judicial
				  proceeding;
(4) The corporation or
				  its designee shall have access to confidential Information that is related to
				  the Performance of Services for the purposes of monitoring, auditing, or
				  evaluating the provider agency's Performance; and
(5) The corporation shall have access to
				  Information, including but not limited to name, social security number, Status
				  of homeless Situation, and other demographic Information, for the purposes of
				  maintaining a participant database for any program under this
				  chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2026 - HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2026-12 - Remedies

Current through June, 2024
(a) If a provider agency fails to comply with
				  contract terms or submit required reports on a timely basis, the corporation
				  may suspend or cancel payments to the provider agency, or terminate the
				  contract without prejudice.
(b) If
				  the corporation suspends payments to a provider agency that fails to comply
				  with contract terms, the corporation shall not be required to make interest
				  payments.
(c) Upon the termination
				  date of a contract, if a provider agency fails to submit all required documents
				  to the corporation, including but not limited to a final activity and financial
				  report, and a valid tax clearance certificate from the department of taxation
				  and the Internal Revenue Service, when required by State procurement law, the
				  corporation may cancel payments to the provider agency or assign the payment to
				  offset the debt owed to the department of taxation.