reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 3 - Vending Facility Selection, Permits, and Operating Agreements › Section 17-403-21 - Application and issuance of permits

Current through June, 2024
(a) Before
				  establishing a vending facility, the SLA shall submit a permit to the property
				  managing department, agency, or instrumentality that has control of the
				  property and/or building.
(b) The
				  permit shall be issued for an indefinite period and shall contain, but not be
				  limited to:
(1) Identification of the
				  specific type, location, and size of the vending facility;
(2) Enumeration of the types or articles and
				  Services to be vended;
(3) A
				  listing of the vending facility's fixtures and equipment with responsibilities
				  of each party with respect thereto;
(4) Identification, if any, of vending
				  machines located within the vending facility or elsewhere on the property and
				  the extent of the vendor and program participation in the income of such
				  machines;
(5) Bases for which the
				  permit may be suspended or terminated;
(6) An enumeration of all other areas of
				  responsibility for the property;
(7) Such insurance as the property and/or
				  building managing department, agency, or instrumentality may reasonably
				  require;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 3 - Vending Facility Selection, Permits, and Operating Agreements › Section 17-403-22 - Duties and responsibilities of vendors

Current through June, 2024
A vendor shall:
(1) Perform faithfully the necessary duties
				  in connection with the Operation of the facility in accordance with the
				  department's rules, the terms of the permit, and the operating
				  agreement.
(2) Act in the best
				  interest of the vending facilities program as a whole.
(3) Cooperate with officials responsible for
				  the building and/or property in which the vending facility is located, and with
				  duly authorized representatives of the department in connection with their
				  official program responsibilities.
(4) Operate the vending facility in
				  accordance with all applicable health laws and rules.
(5) Furnish such reports as are required by
				  law and as the SLA and the HSCBV may require from time to time.
(6) Make available to the SLA the facility's
				  financial records when necessary to ensure that the facility is adequately
				  profitable.
(7) Take reasonable
				  care of equipment in the assigned vending facility and carry out routine
				  day-do-day maintenance procedures.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 3 - Vending Facility Selection, Permits, and Operating Agreements › Section 17-403-23 - Provision of management Services to vendors

Current through June, 2024
The SLA shall provide the blind vendors supervision and
					 assistance as may be necessary to insure that the Operation of each vending
					 facility is adequately profitable.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 3 - Vending Facility Selection, Permits, and Operating Agreements › Section 17-403-24 - Responsibility for equipment and initial Stocks

Current through June, 2024
Responsibilities for equipment and initial Stocks of
					 vending facilities are vested as follows:
(1) The SLA shall furnish each vending
				  facility with adequate suitable equipment and adequate initial stock of
				  merchandise necessary for the establishment arid Operation of the
				  facility.
(2) The SLA shall
				  maintain (or cause to be maintained) all vending facilities in good repair and
				  in an attractive condition and shall replace (or cause to be replaced) worn out
				  and obsolete equipment as required to insure the continued successful Operation
				  of the vending facility.
(3) The
				  right, title to, and interest in vending facility equipment and initial stock,
				  operating capital, and supplies provided in the establishment of a vending
				  facility in a particular location is vested in the SLA, except as provided in
				  subsection (4).
(A) In the event the vendor
				  dies, or for any other reason, ceases to be a licensed Operator or transfers to
				  another vending facility, a closing inventory shall be taken of all equipment
				  and Stocks and supplies on hand prior to the SLA's release of the location to a
				  succeeding vendor.
(B) The fair
				  market value of missing equipment, or damage to equipment in excess of normal
				  operational wear and tear, shall be paid to the SLA by the outgoing vendor or
				  vendor's estate.
(C) If the closing
				  inventory shows that the value of Stocks and supplies on hand is less than the
				  original investment for initial Stocks, operating capital, and supplies, the
				  difference shall be paid to the SLA by the outgoing vendor or vendor's
				  estate.
(D) If the closing
				  inventory shows that the value of Stocks and supplies on hand exceeds the
				  original investment, the difference shall be paid to the outgoing vendor or
				  vendor's estate by the SLA.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 3 - Vending Facility Selection, Permits, and Operating Agreements › Section 17-403-25 - Collection and distribution of vending machine income

Current through June, 2024
(a)
				  Vending machine income on state, city and county property shall accrue to the
				  State licensing agency if no vending facility is located in a building. Where a
				  vending facility is located in a building, the assigned Operator shall receive
				  the income from the vending machines which are in direct competition with the
				  facility.
(b) Vending machine
				  income on federal property shall be collected and distributed in accordance
				  with the federal regulations at
				  34
				  C.F.R. sections 395.8 and
				  395.32.
(c) Vending machine income from vending
				  machines in State, city or county buildings retained by the State licensing
				  agency shall be used by the SLA for the purposes enumerated in section
				  347-12.5,
				  HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 3 - Vending Facility Selection, Permits, and Operating Agreements › Section 17-403-26 - Execution of operating agreements

Current through June, 2024
(a) All vendors
				  shall be required to enter into and execute the "Statement of Relationship and
				  Operating Agreement" (operating agreement) with the SLA.
(b) All vendors shall strictly conform to and
				  abide by the terms, conditions, and provisions of the operating agreement which
				  include:
(1) The SLA's
				  responsibilities;
(2) The vendor's
				  responsibilities;
(3) A Statement
				  that the vendor shall make every feasible effort to ensure that the facility
				  remains open during any period of absence, and shall seek the SLA's assistance,
				  if necessary, to do so;
(4) General
				  provisions pertaining to suppliers, merchandise, vacations, absence due to
				  illness, settlement of accounts, liability insurance, employment of assistants;
				  and
(5) The intent of the agreement
				  and conditions for termination and Suspension.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 4 - State Committee, Retirement and Health Insurance, Visually Impaired Vendors › Section 17-403-30 - State committee of blind vendors

Current through June, 2024
(a) A State
				  committee of blind vendors (the committee or HSCBV) shall represent the vendors
				  and engage in active participation with the SLA.
(b) The committee shall be comprised of a
				  total of nine blind vendors, which, to the extent possible, shall be fully
				  representative of all blind vendors in the State program on the basis of
				  ensuring proportional representation of blind vendors on Federal property and
				  blind vendors on other property.
(c) Membership on the committee shall be
				  determined by elections provided by the SLA during the month of June of each
				  odd-numbered calendar year.
(1) Bailots shall
				  be mailed to all blind vendors at the vendor's address listed with the SLA no
				  later than the second Friday in May of each odd-numbered year. Before mailing,
				  all bailots providing for voting by all licensed blind vendors shall be
				  submitted to the HSCBV chair or vice chair.
(2) All licensed blind vendors shall be
				  provided the opportunity to seek membership on the committee. By the third
				  Friday in April of each year, the SLA shall advise all eligible vendors that
				  their name will be- placed on the ballot unless the vendor declines to seek
				  membership on the HSCBV.
(3)
				  Participation shall not be conditioned upon the payment of dues or any other
				  fees.
(4) A candidate shall be
				  licensed and operating a vending facility as of the first day in May
				  immediately preceding each election.
(5) Elections shall take place at a statewide
				  meeting of all licensed vendors to be held in June of each odd-numbered year.
				  Absentee votes shall be accepted by the SLA.
(6) If a vendor is elected as a
				  representative of one of the categories listed in paragraph (b) herein, and
				  subsequently relocates to a facility in a different category, the vendor shall
				  be authorized to continue in Office until the expiration of his or her
				  term.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 4 - State Committee, Retirement and Health Insurance, Visually Impaired Vendors › Section 17-403-31 - Retirement and Health Insurance Benefits

Current through June, 2024
A vendors eligibility for retirement benefits shall be
					 established based on Operation of a vending facility as of June 1 of each year.
					 Retirement benefits are paid for the ensuing year. A vendor shall be eligible
					 for health insurance benefits effective the date of licensure. When the SLA has
					 paid health insurance benefits on behalf of a vendor, then the amount paid in
					 excess of the allowed health insurance benefits shall be deducted from the
					 amount to be paid for retirement and/or paid by the vendor to the SLA on a
					 quarterly basis.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 4 - State Committee, Retirement and Health Insurance, Visually Impaired Vendors › Section 17-403-32 - Vendor access to program and financial data

Current through June, 2024
(a) Each
				  blind vendor shall be provided access to all program and financial data of the
				  State licensing agency relevant to the Operation of the State vending
				  facilities program, including but not limited to quarterly and annual financial
				  reports, provided that Information authorized to be withheld by chapter
				  92F, Hawaii Revised Statutes, or
				  required to be withheld by federal and State laws shall not be
				  disclosed.
(b) Insofar as
				  practicable, data shall be made available in the vendor's preferred
				  format.
(c) At the request of a
				  vendor, the State licensing agency shall arrange a mutually convenient time to
				  assist in the Interpretation of the data.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 403 - VENDING FACILITIES PROGRAM › Subchapter 4 - State Committee, Retirement and Health Insurance, Visually Impaired Vendors › Section 17-403-33 - Participation of individuals who are visually impaired

Current through June, 2024
(a)
				  Persons who are visually impaired shall be afforded the same Services and shall
				  be allowed to participate in the program on a space-available basis after the
				  needs of persons who are blind have been met, with the following exceptions:
(1) They shall not be assigned to vending
				  facilities on federal property.
(2)
				  They shall not be included in any vendors' benefits package.
(3) They shall not have representation in the
				  HSCBV.
(4) No RSRA funds may be
				  expended for maintenance of equipment, management Services, or any other
				  purposes.
(5) They shall not have
				  the hearing rights set out in section 15 hereof.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-526-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, HRS and implements part III of
					 chapter
					 359, HRS authorizing the Hawaii
					 housing authority to do any and all things necessary or desirable for the
					 development of housing projects for qualified elderly families as defined
					 herein.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-526-3 - Public information

Current through June, 2024
The administrator may disseminate information and render
					 assistance to the public in order that the provisions of the chapter
					 359, HRS, part III, may be understood
					 and effectively implemented. The administrator may use all available news media
					 or cause to be published these rules or an explanation of them for
					 distribution. The administrator may employ persons who are recognized in the
					 various communities as leaders to help explain the operation of part III of
					 chapter
					 359, HRS, and these rules to their
					 communities and he may invite the participation of any affected community,
					 including any committee established by such community, to help the authority in
					 explaining the operation of these rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 2 - HOUSING PROJECT AND DEVELOPMENT AND CONSTRUCTION PROGRAM › Section 17-526-11 - Purpose

Current through June, 2024
The purpose of this program is to allow the authority, on
					 behalf of the State, or in cooperation with qualified developers, contractors,
					 or others, to develop real property and construct housing projects for elderly
					 thereon. The provisions of Chapter 525, Title 17, Administrative Rules, may be
					 utilized for the development and construction of housing project
					 herein.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 2 - HOUSING PROJECT AND DEVELOPMENT AND CONSTRUCTION PROGRAM › Section 17-526-12 - Development of public land

Current through June, 2024
In the event the authority determines, that certain public
					 lands are feasible for development, the authority shall not possess the power
					 to develop the public land if such power or such development:
(1) Would endanger the receipt of any federal
				  grant or impair the eligibility of any public body for a federal grant or
				  prevent the participation by the federal government in any governmental
				  program; or
(2) Would impair any
				  covenant between the State or any county or any department or board thereof and
				  the holders of bonds issued by the state or such county, department or
				  board.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 2 - HOUSING PROJECT AND DEVELOPMENT AND CONSTRUCTION PROGRAM › Section 17-526-13 - Developers and contractors qualification and form of proposal

Current through June, 2024
(a) A developer shall be deemed eligible if
				  it is an "eligible developer" as defined in § 359-52, HRS and meets all
				  requirements of § 17-525-13.
(b) A contractor shall be deemed eligible if
				  it meets all requirements of § 17-525-13.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 2 - HOUSING PROJECT AND DEVELOPMENT AND CONSTRUCTION PROGRAM › Section 17-526-14 - Criteria for selection of proposals

Current through June, 2024
(a) The authority
				  may choose to negotiate and contract with any one of the eligible developers or
				  contractors whose proposals shall be deemed by the authority to best fulfill
				  the purpose described in § 359-51, HRS. In all cases, proposals must be in
				  concert with the authority's elderly housing study, as defined in §
				  359-52, HRS", and as mandated in § 359-53, HRS. After such determination,
				  the authority shall give preferential weight in accepting a proposal if such
				  proposal shall provide for:
(1) A proposal
				  which will best meet the needs of the elderly requiring assistance in obtaining
				  housing;
(2) A proposal which will
				  apprise the community, in which the dwelling units are to be constructed, of
				  the nature of the proposed project by inviting community reaction and
				  participation;
(3) Housing projects
				  priced at a level such that an economically feasible rent appropriate for the
				  elderly can be achieved;
(4) Design
				  innovations that are likely to set a pattern for reduced cost of housing
				  construction; and
(5) Other factors
				  as deemed appropriate to the nature or involvement of the authority, including
				  project adherence to Department of Housing and Urban Development (HUD) manual
				  HUD pg. 46 ("Minimum Property Standards, Housing for the Elderly").
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 2 - HOUSING PROJECT AND DEVELOPMENT AND CONSTRUCTION PROGRAM › Section 17-526-15 - Processing of proposal

Current through June, 2024
(a) Processing of
				  proposals shall be in accordance with § 17-525-17.
(b) If a proposal includes an application for
				  federal assistance as well as financial assistance from the State, then said
				  application shall be submitted to the authority for review and approval prior
				  to submittal to the federal government. The authority's approval will be based
				  on the overall consistency of the application with the development proposal
				  under consideration. The authority shall act on said application within sixty
				  working days from receipt there of.
(c) If an application is approved, the
				  authority shall send the application to the appropriate agency of the federal
				  government for processing and approval. If the authority disapproves an
				  application, it shall notify the sponsor of said disapproval.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 2 - HOUSING PROJECT AND DEVELOPMENT AND CONSTRUCTION PROGRAM › Section 17-526-16 - Criteria for agreements

Current through June, 2024
When the authority enters into an agreement with anyone
					 whose services would aid in accomplishing the purposes of this program, then
					 the agreement shall conform with § 17-525-15.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 3 - STATE ASSISTANCE TO DEVELOPMENT OF ELDERLY PROJECTS › Section 17-526-21 - Purpose

Current through June, 2024
The purpose of this subchapter is to allow the authority
					 to make loans available to eligible developers and
					 contractors.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 3 - STATE ASSISTANCE TO DEVELOPMENT OF ELDERLY PROJECTS › Section 17-526-22 - Interim construction loans

Current through June, 2024
In addition to the provisions of § 359-56, HRS §
					 17-525-32 may be utilized for interim construction loans.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 3 - STATE ASSISTANCE TO DEVELOPMENT OF ELDERLY PROJECTS › Section 17-526-23 - Submission of application

Current through June, 2024
(a) A developer may
				  submit an application for an interim construction loan upon a form prescribed
				  by the authority. The application form shall conform to §
				  17-525-43.
(b) In addition to the
				  information and exhibits for projects requiring federal assistance, the
				  developer shall submit to the authority within one hundred twenty (120) days
				  from the date of application an executed copy of a conditional commitment
				  letter issued by the Federal Housing Administration evidencing assurance that
				  the project qualifies under a program of federal assistance for housing. If the
				  developer shall fail to submit the conditional commitment letter as aforesaid,
				  the application shall become void unless the authority shall have extended the
				  period within which to submit the conditional commitment letter for good cause
				  shown by the developer.
(c) The
				  authority may charge service and commitment fees as well as other ordinary fees
				  relative to the issuance of any interim construction loan. Amount of said fees
				  will be determined on a case by case basis and as approved by the authority.
				  Fees will not be in excess of the usual fees charged by commercial banks or
				  financial institutions in the State of Hawaii.
(d) The rates of interest on interim
				  construction loans issued by the authority under this provision shall not
				  exceed the maximum yield permitted under Section 103(d)(2) of the United States
				  Internal Revenue Code of 1954.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 4 - RENTAL UNDER CHAPTER 359, HAWAII REVISED STATUTES › Section 17-526-31 - Purpose

Current through June, 2024
This subchapter governs the general procedures for the
					 rental of units developed under this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 4 - RENTAL UNDER CHAPTER 359, HAWAII REVISED STATUTES › Section 17-526-32 - Federal assistance programs

Current through June, 2024
Rental units developed under this program, which are owned
					 or managed by the authority and designated for housing assistance payments
					 (HAP) by HUD's Section 8 program as established by 24 CFR, Part 880, 882, 883
					 shall be administered by Chapter 528, Title 17, Administrative
					 Rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 4 - RENTAL UNDER CHAPTER 359, HAWAII REVISED STATUTES › Section 17-526-33 - Non-Federal assistance programs

Current through June, 2024
Dwelling units developed in accordance with chapter
					 359, HRS, without federal funds may
					 be rented to qualified residents pursuant to the following:
(1) Participants eligible for the rental
				  units operated by the authority are those applicants:
(A) Who are defined as "elderly" and who
				  qualify as a family;
(B) Whose
				  gross family income does not exceed the maximum income limit established for
				  state rent supplement program under Part VI of Chapter
				  359, HRS;
(C) Whose assets do not exceed the asset
				  limits established for the state rent supplement program under §
				  17-510;
(D) Whose earning
				  capabilities or whose financial situation give reasonable assurance that they
				  will be able to meet the recurring rental payments as they, from time to time
				  become due;
(E) Who, either do not
				  have an outstanding balance due the authority, or who, if there is such an
				  outstanding balance have entered into satisfactory arrangements with the
				  authority, for liquidation of same; and
(F) Who are bona fide residents.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 526 - STATE ELDERLY HOUSING PROGRAM › Subchapter 5 - MISCELLANEOUS PROVISIONS › Section 17-526-41 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of this
					 chapter, or its application to any person or transaction or 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 › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-528-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, HRS, and implements the housing
					 assistance payments program as established in Title 24 of the Code of Federal
					 Regulations (CFR), Parts 880, 881 and 883. These rules provide and establish
					 the role and procedure of the authority with respect to the Department of
					 Housing and Urban Development (HUD), developers, owners, and eligible lower and
					 very-low income families in implementing the housing assistance payments
					 program. It also authorizes the authority to utilize the CFR's for the
					 development of housing projects for qualified lower income
					 families.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-528-2 - Definitions

Current through June, 2024
As used in this chapter: "Authority" means the Hawaii
					 housing authority. "Housing finance and development agency" (HFDA) means a
					 Housing finance agency (HFA) with development powers.
"Section 8 program" means the housing assistance payments
					 program authorized by Section 8, U.S. Housing Act of 1937, as added by Housing
					 and Community Development Act of 1974.
"State" means the State of Hawaii.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-528-3 - General applicability and scope

Current through June, 2024
(a) The rules,
				  contained herein are applicable to the making of housing assistance payments
				  (HAP) on behalf of eligible families leasing housing pursuant to the provisions
				  of Section 8 of the U.S. Housing Act of 1937. In implementing the Section 3
				  program, the authority shall apply to HUD for the prescribed authority in
				  accordance with the appropriate HUD guidelines governing public housing agency
				  (PHA) application and designation of contract authority. In any case HUD shall
				  retain the right to review and audit the authority's operations to ensure the
				  authority and owners are in compliance with the terms and conditions
				  established pursuant to this part.
(b) To effect implementation of the housing
				  assistance payments program, the authority with the approval of HUD is
				  authorized to lease or cause to be leased to eligible families, newly
				  constructed or substantially rehabilitated units which are in decent, safe and
				  sanitary condition. The authority is further authorized to construct new or
				  substantially rehabilitate existing housing (or cause such to be done) for the
				  purpose of providing units for participation in the housing assistance payments
				  program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 2 - CONDITIONS GOVERNING THE DEVELOPMENT OF HOUSING PROJECTS › Section 17-528-11 - Purpose

Current through June, 2024
The purpose of this subchapter is to set forth those
					 procedures, requirements, and conditions allowing the authority to develop and
					 finance housing projects under the Section 8 program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 2 - CONDITIONS GOVERNING THE DEVELOPMENT OF HOUSING PROJECTS › Section 17-528-12 - Authorization for development

Current through June, 2024
(a) The authority
				  may either develop real property and construct dwelling units, thereon or
				  substantially rehabilitate existing dwelling units for participation in the
				  housing assistance payments program.
(b) When the authority so participates in the
				  Section 8 program, -the provisions of the applicable CFR's will apply as
				  follows:
(1) New construction units - 24 CFR
				  880; and
(2) Substantial
				  rehabilitation units - 24 CFR 881.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 2 - CONDITIONS GOVERNING THE DEVELOPMENT OF HOUSING PROJECTS › Section 17-528-13 - Use of state housing program

Current through June, 2024
The provisions of chapter
					 359G, HRS and § 17-525, title
					 17, administrative rules may be utilized whenever the authority determines that
					 such utilization will provide the optimum results for the development of
					 dwelling units for the lower income families.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 2 - CONDITIONS GOVERNING THE DEVELOPMENT OF HOUSING PROJECTS › Section 17-528-14 - Permanent and interim construction loans

Current through June, 2024
The authority may provide interim or permanent
					 construction loans to a developer or an owner for the development and
					 construction or rehabilitation of dwelling units for participation in the
					 Section 8 program. In so doing, the authority shall conform to the requirements
					 as outlined in subchapter
					 2 and 3, chapter 525, title 17,
					 administrative rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 3 - HOUSING FINANCE AND DEVELOPMENT AGENCIES › Section 17-528-21 - Purpose

Current through June, 2024
These rules are adopted to allow the authority as a "HFDA"
					 to administer the development of newly constructed or substantially
					 rehabilitated projects under 24 CFR Part 883, Housing assistance payments
					 program. The authority may provide or guarantee the financing of these housing
					 projects under this subchapter. The authority shall administer HUD-approved
					 Section 8 existing housing units using set-asides.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 3 - HOUSING FINANCE AND DEVELOPMENT AGENCIES › Section 17-528-22 - New construction project using state set-aside

Current through June, 2024
The provisions of 24 CFR 883 shall be utilized for the
					 development and construction of housing projects under this subchapter and
					 utilizing "Fast Track Processing".
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 3 - HOUSING FINANCE AND DEVELOPMENT AGENCIES › Section 17-528-23 - Selection of proposals

Current through June, 2024
(a) For its
				  set-asides, the authority may initiate the development of projects for
				  participation in the housing assistance payments program by calling for the
				  submission of a proposal by a owner or developer by publication of a notice
				  therefore, at least once in each of two successive weeks in a newspaper of
				  general circulation in the State. The notice shall generally set forth the
				  location and area of land involved, the deadline date for the submission of
				  proposals and any other information as may be deemed necessary by the
				  authority. The authority may choose to submit such proposals as it deems
				  appropriate to HUD for approval.
(b) The authority may submit proposals using
				  special procedures applicable to this section as established by HUD guidelines
				  subject to the applicable criteria of § 17-525-14.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 3 - HOUSING FINANCE AND DEVELOPMENT AGENCIES › Section 17-528-24 - Existing housing

Current through June, 2024
If the authority wishes to use all or part of its
					 set-asides for an existing housing program, it shall follow the provisions set
					 forth in 24 CFR 882 except as follows:
(1) The authority may submit an application
				  to HUD at any time without reference to any HUD invitation for existing housing
				  program applications; and
(2) The
				  authority shall at the same time submit to HUD, on the prescribed HUD form, an
				  application for assignment of portion of set-aside to specific project,
				  accompanied by:
(A) A certification that it
				  has made a public announcement that it has been granted a set-aside in
				  accordance with the procedures established by HUD for this purpose;
				  and
(B) A demonstration that the
				  proposed project complements the allocation program of the HUD field
				  office.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 4 - MANAGEMENT REQUIREMENTS › Section 17-528-31 - Purpose

Current through June, 2024
The purpose of this subchapter is to allow the authority
					 to implement rules for management of dwelling units developed or substantially
					 rehabilitated under 24 CFR 880 and 881.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 4 - MANAGEMENT REQUIREMENTS › Section 17-528-32 - Managing agent

Current through June, 2024
When the authority is designated the managing agent of a
					 section 8, new construction project, the authority shall comply with the
					 management requirements established by HUD and set forth in 24 CFR 880,
					 881.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 5 - ADMINISTRATION REQUIREMENTS › Section 17-528-41 - Purpose

Current through June, 2024
The purpose of this subchapter is to allow the authority
					 to administer the housing assistance payment contract (HAPC) authorized under
					 24 CFR 883.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 5 - ADMINISTRATION REQUIREMENTS › Section 17-528-42 - Contract administrator

Current through June, 2024
When the authority is designated the contract
					 administrator for a section 8, new construction project, the authority shall
					 insure that the owner or managing agent complies with the management
					 requirements set forth in 24 CFR 883.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 528 - SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 17-528-51 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of this
					 chapter, or its application to any person or transaction or 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 › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-1 - Purpose

Current through June, 2024
This chapter governs the requirements for participation by
					 eligible families and individuals and by housing owners in the state homeless
					 hale kokua program as administered by the Hawaii housing
					 authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-3 - Income limits

Current through June, 2024
To be eligible to participate or to continue to
					 participate in the program, an applicant's or tenant's annual income and assets
					 shall not exceed the lower income limits as defined by 24 C.F.R. §813.102
					 and set forth in Exhibit A, dated 4/1/92, located at the end of this
					 chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-4 - Assets

Current through June, 2024
All assets held by an applicant or a tenant shall be
					 determined as defined by 24 C.F.R. §813.102 and set forth in Exhibit A,
					 dated 4/1/92, located at the end of this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-5 - Asset limits

Current through June, 2024
An applicant or a tenant having assets which are valued at
					 more than one and one-half times the income limit set forth in section
					 17-534-3, shall be ineligible to
					 participate or to continue to participate in the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-6 - Asset transfer

Current through June, 2024
(a) All assets
				  transferred or assigned to another person, within a three month period prior to
				  submitting an application to participate, or for the purpose of continuing to
				  qualify for participation in the program shall be included in determining an
				  applicant's or tenant's assets.
(b)
				  The value of the asset shall be based on its fair market value.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-7 - Occupancy standards

Current through June, 2024
Eligible applicants or tenants shall occupy the rental
					 unit in accordance with the ordinances of the county in which the rental unit
					 is located.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-8 - Verification of information

Current through June, 2024
(a) The authority
				  shall require an applicant, tenant, or owner to provide documentation to verify
				  information relating to participation in the program. This documentation may
				  include, but not be limited to, employment, financial, housing status, and
				  property information.
(b) An
				  applicant or owner that fails to comply with the requirement to provide
				  documentation shall be ineligible to participate in the program.
(c) A tenant that fails to comply with the
				  requirement to provide documentation shall be ineligible to continue to
				  participate in the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-9 - Ineligibility

Current through June, 2024
(a) Any applicant, tenant or owner that has
				  been determined to be ineligible by the authority may request an informal
				  hearing before the executive director to reconsider the determination of the
				  authority. Any request for hearing for reconsideration shall be made in writing
				  and shall be filed with the executive director within ten days of the
				  determination of the authority. The request shall state the grounds for the
				  request for reconsideration.
(b)
				  Upon receipt of the request, the executive director shall schedule a hearing.
				  Notice shall be provided to all parties upon the scheduling of a
				  hearing.
(c) The executive director
				  shall render a decision within thirty days after the hearing. If the decision
				  is adverse to the party requesting the hearing, then such party may request a
				  contested case hearing pursuant to subchapter 7. The notice of a request for a
				  contested case hearing shall be filed with the authority within ten days of the
				  decision by the executive director.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-534-10 - Exceptions

Current through June, 2024
The executive director may for good cause grant an
					 exception to any provision in this chapter to the extent permitted by law
					 where:
(1) The applicant, tenant or
				  owner has otherwise demonstrated the necessary qualifications; and
(2) Each such exception shall be in writing
				  and shall be supported by documentation of the pertinent facts and
				  grounds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 2 - TENANT ELIGIBILITY AND SELECTION › Section 17-534-20 - Tenant application

Current through June, 2024
(a) An applicant
				  seeking to participate in the program shall submit an application form, as
				  prescribed by the authority. The form shall be completed to the satisfaction of
				  the authority and shall include, but not be limited to, the applicant's name,
				  age, address, marital status, name of spouse, present housing status,
				  employment status, income and asset information, citizenship status, and family
				  composition information.
(b) An
				  applicant shall submit documentation as required by the authority and shall
				  execute a release of information form for any other information required by the
				  authority to verify the applicant's eligibility or continued
				  eligibility.
(c) An applicant shall
				  execute a waiver of information disclosure form in order for the authority to
				  release such information to an owner in the selection process.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 2 - TENANT ELIGIBILITY AND SELECTION › Section 17-534-21 - Tenant eligibility for participation

Current through June, 2024
(a) To be eligible
				  to participate or to continue to participate in the program, the applicant or
				  tenant shall:
(1) Submit a completed
				  application;
(2) Qualify as a
				  homeless family or homeless individual;
(3) Have family or individual income and
				  assets which do not exceed the income limits and asset limits established by
				  section 17-534-3 and section 17-534-5 respectively;
(4) Have earning capabilities or have a
				  financial situation which gives reasonable assurance of meeting the rental
				  payments on time as they become due;
(5) Not have an outstanding debt owed to the
				  authority or to a county public housing agency;
(6) Be employed at least nineteen hours per
				  week;
(7) Not have had a record of
				  conduct or behavior for two years prior to the date of the application or
				  reexamination that is harmful, destructive, or unlawful which may cause a
				  threat to owners; and
(8) Agree to
				  actively comply with the social services agreement established by section
				  17-534-61.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 2 - TENANT ELIGIBILITY AND SELECTION › Section 17-534-22 - Tenant preference

Current through June, 2024
(a) Eligible
				  applicants shall be given preference for participation in the program in the
				  following order:
(1) Homeless family residing
				  in a transitional shelter subject to chapter
				  358D, Hawaii Revised
				  Statutes;
(2) Homeless individuals
				  residing in a transitional shelter subject to chapter
				  358D, Hawaii Revised
				  Statutes;
(3) Homeless family whose
				  nighttime residence is in a public area;
(4) Homeless individual whose nighttime
				  residence is in a public area;
(5)
				  Homeless family whose nighttime residence is other than a public area;
				  and
(6) Homeless individual whose
				  nighttime residence is other than a public area.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 2 - TENANT ELIGIBILITY AND SELECTION › Section 17-534-23 - Notification of ineligibility

Current through June, 2024
An applicant or tenant determined to be ineligible for
					 participating or continuing to participate in the program shall be notified in
					 writing of the determination, the reasons thereof and the right to a hearing by
					 the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Department of Human Services › Chapter 534 - STATE HOMELESS HALE KOKUA PROGRAM › Subchapter 2 - TENANT ELIGIBILITY AND SELECTION › Section 17-534-24 - Reexamination

Current through June, 2024
(a) The authority shall annually reexamine a
				  tenant's annual income, assets, family composition, financial and employment
				  record, conduct and behavior record, and any other matter necessary to
				  determine a tenant's eligibility. The tenant shall be responsible for
				  continuing to meet the eligibility requirements of section 17-534-21.
(b) The tenant shall be notified in writing
				  by the authority of the reexamination results.