Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 186 - STATE-AIDED ELDERLY PUBLIC HOUSING PROJECTS › Subchapter 2 - ELIGIBILITY › Section 15-186-21 - Eligibility for admission

Current through June, 2024
To be eligible for admission to a housing project, an
					 applicant and household members shall meet the requirements set forth in
					 section 15-186-20, and shall:
(1)
				  Qualify as an elderly family;
(2)
				  Have an income which does not exceed the applicable income limit;
(3) Have assets which do not exceed the
				  applicable limit;
(4) Not own a
				  majority interest in fee simple or leasehold lands suitable for dwelling
				  purposes, or a majority interest in lands under any trust agreement or other
				  fiduciary arrangement in which another person holds the legal title to such
				  land on or after DEC 01, 2003;
(5)
				  Not have a record of conduct or behavior within three years of the projected
				  date of admission which may be detrimental to the project, its tenants, or
				  employees;
(6) Not have a recent
				  history of criminal activity involving crimes to persons or property or other
				  criminal acts that may adversely affect the health, safety, or right to
				  peaceful enjoyment of the premises by other residents. For purpoces of this
				  subsection, in determining eligibility, the corporation shall consider whether
				  a person convicted for such a crime has successfully completed a rehabilitation
				  program approved by the corporation, or whether the circumstances leading to
				  the criminal conviction no longer exists;
(7) Not have been evicted from any of the
				  corporation's housing programs for drug-related criminal activity for three
				  years. For the purposes of this subsection, in determining eligibility, the
				  corporation shall consider whether the evicted applicant or household member
				  has successfully completed a rehabilitation program approved by the
				  corporation, or whether the circumstances leading to eviction no longer exist.
				  This subsection does not apply to an applicant or household member ineligible
				  under section 15-186-20 ( a)( 2);
(8) Not engage in any drug-related criminal
				  activity or violent criminal activity. For the purposes of this subsection,
				  "violent criminal activity" means any illegal criminal activity that has as one
				  of its elements the use, attempted use, or threatened use of physical force
				  against the person or property of another;
(9) Not engage in the illegal use of a
				  controlled substance or give the corporation reasonable cause to believe that
				  the illegal use of a controlled substance, pattern of illegal use, abuse of
				  alcohol, or pattern of abuse may interfere with the health, safety of the
				  residents, or right to peaceful enjoyment of the premises by other residents;
(A) For the purposes of this subsection,
				  "reasonable cause to believe" means by a preponderance of the
				  evidence;
(B) For the purposes of
				  this subsection, in determining whether to deny eligibility based on a pattern
				  of illegal use of a controlled substance or a pattern of abuse of alcohol, the
				  corporation may consider rehabilitation as provided or under 42 USC
				  513661(b)(2)(A)-(C), effective October 1, 1999, a copy of which is attached as
				  Exhibit 3, dated DEC 01, 2003, located at the end of this chapter;