reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 3 - LEASE › Section 17-2040-41 - Request for lease approval

Current through June, 2024
Upon finding a dwelling unit that an owner or landlord is
					 willing to lease, the family shall submit a completed request for tenancy
					 approval packet to have the lease approved by the authority. Packets must be
					 legible. All forms of delivery shall be accepted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 3 - LEASE › Section 17-2040-42 - Dwelling unit inspection

Current through June, 2024
(a) Prior to
				  approving a lease, the authority shall inspect the dwelling unit within a
				  reasonable time after receipt of the owner's or landlord's inspection
				  request.
(b) Subject to HUD waiver
				  eligibility, the authority may accept the owner's or landlord's certification
				  regarding the condition of the dwelling unit in lieu of an initial inspection
				  for an approved applicant who has been issued a voucher, provided the
				  landlord's self-certification is signed and submitted no later than December
				  31, 2021, and the unit is inspected not later than June 30, 2022.
(b) Emergency housing voucher funding may be
				  used to expedite the inspection process.
(c) Dwelling units approved for lease in the
				  program shall meet minimum housing quality standards.
(d) Inspections will occur every other year,
				  except in circumstances where the authority may determine a need for an annual
				  inspection. These circumstances shall include, but not be limited to the
				  following:
(1) If a unit does not pass an
				  initial or annual inspection the first time;
(2) The unit fails a quality control
				  inspection;
(3) The participant or
				  landlord requests a special inspection between the scheduled inspection;
				  or
(4) The authority receives a
				  complaint or is informed of potential housing quality standards
				  violations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 3 - LEASE › Section 17-2040-43 - Lease requirements

Current through June, 2024
(a) The authority
				  shall review the lease, particularly noting compliance with HUD regulations and
				  state and local law. The participant also must have legal capacity to enter a
				  lease under state and local law.
(b) The family and owner or landlord must
				  submit a standard form lease used in the locality and that is generally used
				  for other unassisted tenants in the premises by the owner or landlord. The
				  terms and conditions of the lease must be consistent with state and local
				  law.
(c) The lease must specify
				  what utilities and appliances are to be supplied by the owner or landlord, and
				  what utilities and appliances are to be supplied by the family.
(d) The HUD prescribed-tenancy addendum must
				  be included in the lease attached to the lease before the lease is executed.
				  The HUD-prescribed tenancy addendum is incorporated by reference and attached
				  as Exhibit E.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 3 - LEASE › Section 17-2040-44 - Lease approval

Current through June, 2024
(a) If the
				  authority determines that a dwelling unit is suitable for the program and the
				  lease meets the requirements of the program, the owner or landlord and family
				  shall be notified, and the lease may be executed by the family and the owner or
				  landlord.
(b) The initial lease
				  shall be for at least one year.
(c)
				  If the authority determines that a lease cannot be approved for any reason, the
				  owner or landlord and family shall be notified in writing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-51 - Housing assistance payments

Current through June, 2024
(a) The authority
				  shall make housing assistance payments to the owner or landlord on behalf of a
				  participant by executing a HAP contract between the owner or landlord and the
				  authority. Housing assistance payments may only be paid to the owner or
				  landlord during the lease term and while the family is residing the dwelling
				  unit.
(b) The participant is not
				  responsible for the portion of the rent to owner covered by the authority under
				  the HAP contract between the authority and the owner. The owner may not
				  terminate the tenancy for nonpayment of the authority's housing assistance
				  payment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-52 - Contract rent to owner or landlord

Current through June, 2024
(a) The contract
				  rent to the owner or landlord for a dwelling unit in the program shall be
				  determined on a case-by-case basis by the authority. The authority will only
				  approve of the contract rent to the owner or landlord if the rent is a
				  reasonable rent. The determination of whether the rent to the owner or landlord
				  is a reasonable rent in comparison to rent for other comparable unassisted
				  units in the housing market is based on the following considerations:
(1) The location, quality, size, unit type
				  and age of the dwelling unit; and
(2) Any amenities, housing services,
				  maintenance, and utilities to be provided by the owner or landlord in
				  accordance with the lease.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-53 - Total tenant payment

Current through June, 2024
(a) The authority
				  shall compute the total tenant payment.
(b) There shall be an established minimum
				  rent of $0.00 per month. Exception to the application of the minimum monthly
				  rental amount shall apply if the family is unable to pay because of financial
				  hardship which is determined pursuant to
				  24
				  C.F.R. §
											5.630 (2000) and includes the
				  following situations:
(1) The family has lost
				  eligibility or is awaiting an eligibility determination for federal, state, or
				  local assistance;
(2) The family
				  would be evicted as a result of the imposition of the minimum rent
				  requirement;
(3) The income of the
				  family has decreased because of changed circumstances, including:
(A) Loss of employment;
(B) An income producing family member dies;
				  and
(C) Other circumstances beyond
				  the family's control as determined by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-54 - Payment standard

Current through June, 2024
(a) The maximum
				  monthly subsidy payment for a family before deducting the family contribution
				  is set by the authority between ninety per cent and one hundred ten per cent of
				  the HUD determined small area fair market rent and varies by zip code. The
				  small area fair market rent, which includes utilities and is established for
				  dwelling units of various bedroom sizes, is determined by HUD and is set forth
				  in Exhibit F. The authority may establish a payment standard amount that is
				  higher or lower than the basic range subject to HUD approval.
(b) The authority may approve a higher
				  payment standard within the basic range to reasonably accommodate a family that
				  includes a person with disabilities and the disabled individual requires an
				  accommodation.
(c) The authority
				  may choose to establish a higher payment standard to increase the potential
				  pool of available units for participant families for a unit size at any level
				  between ninety percent and one hundred twenty percent of the published fair
				  market rent for that unit size, without HUD approval.
(d) Requests for a higher payment standard
				  above 120 percent of the published fair market rent may be made as a reasonable
				  accommodation for a family that includes a person with disabilities and
				  requires a payment standard above the basic range and HUD approves the
				  request.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-55 - Rental application fees

Current through June, 2024
(a) The participant
				  shall be responsible for the payment of a rental application fee by a landlord
				  or owner. The HPHA shall not charge application fees for participation in the
				  program.
(b) The authority may pay
				  up to the full amount of the rental application fee for initial move ins for a
				  dwelling unit where the fee is required by the owner or landlord to submit an
				  application, and the application fee has not yet been paid, and upon the
				  availability of emergency housing voucher funding.
(c) Payment for these expenses is also
				  subject to the availability and allotment of designated funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-56 - Holding fees

Current through June, 2024
(a) The authority may pay for the costs of
				  the holding fee for a dwelling unit where the fee is considered reasonable and
				  required by the owner or landlord after a tenant's application has been
				  accepted but before the lease is executed.
(b) To request assistance to cover the cost
				  of a required holding fee, the participant shall have the landlord complete a
				  holding fee request form and submit the form to the CoC or designated partner
				  referral agency.
(c) The cost of a
				  holding fee shall not exceed the cost of the security deposit.
(d) Payment for these expenses is subject to
				  the availability and allotment of designated funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-57 - Security deposits

Current through June, 2024
(a) The participant
				  shall be responsible for the payment of a rental security deposit.
(b) The authority may pay up to the full
				  amount of the security deposit for initial move ins, if a security deposit is
				  required, the amount has not yet been paid, and upon the availability of
				  emergency housing voucher funding.
(c) To request assistance to cover the cost
				  of a required security deposit, the participant shall have the landlord
				  complete a security deposit request form and submit the form to the Coe or
				  designated partner referral agency.
(d) Payment for these expenses is also
				  subject to the availability and allotment of designated funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-58 - Utility assistance

Current through June, 2024
(a) The participant
				  shall be responsible for the payment of a utility deposit and all utility
				  payments.
(b) The authority may
				  provide assistance to the participant during the initial lease up process for
				  utility arrears up to $200 to facilitate leasing, provided the authority
				  verifies the family pays the utilities. This may include balances with gas,
				  electric, water, or sewer.
(c)
				  Payment for these expenses is subject to the availability and allotment of
				  designated funds.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-59 - Owner or landlord responsibilities

Current through June, 2024
(a) A request for
				  tenancy approval must be completed by the owner or landlord and reviewed for
				  approval by the authority.
(b) The
				  owner or landlord shall certify their relationship status with the participant
				  family and indicate if the owner is a parent, child, grandparent, grandchild,
				  sister or brother of any member of the participant family.
(c) The owner or landlord must provide a
				  valid taxpayer identification number.
(d) The owner or landlord must accept direct
				  deposit of housing assistance payments by the authority.
(e) The owner or landlord shall be
				  responsible for reporting violations of the participant's lease to the Coe or
				  the authority. The owner or landlord shall be responsible to report failure of
				  the participant to pay rent or eviction of participants to the
				  authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2040-60 - Ownership change

Current through June, 2024
(a) A change in
				  ownership of a dwelling unit under a HAP contract does not require execution of
				  a new contract or lease. The authority may approve the assignment of the HAP
				  contract at the previous owner's request.
(b) The owner who is selling the dwelling
				  unit shall provide written notice to the authority at least thirty days prior
				  to the sale closing.
(c) The new
				  owner shall provide documents to verify the sale and other information
				  requested by the authority.
(d)
				  Housing assistance payments to the owner who is selling the dwelling unit shall
				  be suspended effective the first of the month following the receipt of the
				  notification of the sale of the dwelling unit and when the assignment of the
				  HAP contract to the new owner is approved by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 5 - OPERATIONS › Section 17-2040-71 - Inspections

Current through June, 2024
(a) The authority shall biennially inspect or
				  cause to be inspected each dwelling unit leased to a participant of the program
				  utilizing inspection standards required by HUD, except as provided in section
				  § 17-2040-42.
(b) The
				  authority may conduct special inspections upon written notification by the
				  participant or owner or landlord that the unit does not meet housing quality
				  standards or based on information from third parties such as neighbors or
				  public officials.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 5 - OPERATIONS › Section 17-2040-72 - Overcrowded or under occupied units

Current through June, 2024
A participant shall be issued a new voucher if the
					 authority determines that the dwelling unit does not meet the authority's
					 occupancy standards.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 5 - OPERATIONS › Section 17-2040-73 - Portability

Current through June, 2024
(a) An applicant may elect to port their
				  voucher to another jurisdiction immediately upon acceptance into the program,
				  regardless of prior residency.
(b)
				  The authority shall not absorb a family under portability assistance into its
				  program unless there are emergency housing vouchers available.
(c) The applicant family will have access to
				  emergency housing voucher assistance even if the authority does not absorb the
				  family.
(d) The initial PHA will
				  inform the applicant family at the briefing how portability may affect the
				  special program services and assistance that may be available to the
				  family.
(e) The initial PHA shall
				  help facilitate the participant family's portability move and shall inform the
				  family of this assistance in writing. If the portability is associated with the
				  initial lease-up, the authority shall consult and coordinate on the program
				  services and assistance available to the family with the receiving
				  PHA.
(f) The initial PHA must
				  promptly reimburse the receiving PHA for the full amount of the housing
				  assistance payments made by the receiving PHA for the family.
(g) The initial PHA must promptly reimburse
				  the receiving PHA for the lesser of eighty percent of the initial PHA's
				  emergency housing vouchers ongoing administrative fees or one hundred percent
				  of the receiving PHAs ongoing administrative fee, or the receiving PHAs
				  emergency housing voucher ongoing administrative fees if the receiving PHA
				  administers the program. If both PHAs agree, the PHAs may negotiate a different
				  amount of reimbursement.
(h) The
				  amount of service fees provided may not exceed the lesser of the actual cost of
				  the services and assistance provided to the family by the receiving PHA or
				  $1750, unless the initial PHA and receiving PHA mutually agree to change the
				  cap.
(i) If the portability lease
				  up qualifies for the placement fee or issuance reporting fee, the receiving PHA
				  receives the full amount of the placement component of the placement or issuing
				  reporting fee. The receiving PHA is eligible for the placement fee regardless
				  of whether the receiving PHA bills or absorbs the family into its program at
				  JULY 28 2022 initial lease-up.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 5 - OPERATIONS › Section 17-2040-74 - Transfers

Current through June, 2024
(a) A family may terminate its lease with the
				  landlord at any time after the first twelve months as provided by the lease and
				  gives notice of lease termination to the owner or landlord. The family shall
				  provide a copy of the notice of lease termination to the authority.
(b) The authority shall deny permission to
				  move if:
(1) There are insufficient program
				  funds for continued assistance;
(2)
				  The participant has violated a family obligation listed on the
				  voucher;
(3) The participant owes
				  the authority money; or
(4) The
				  participant has moved or has been issued a voucher within the last twelve
				  months.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 5 - OPERATIONS › Section 17-2040-75 - Eviction - termination of tenancy by owner or landlord

Current through June, 2024
(a)
				  If the owner or landlord want to terminate the lease, the owner or landlord is
				  required to provide valid notice to the tenant as provided in the lease and the
				  Hawaii Residential Landlord-Tenant Code, HRS Chapter
				  521. The owner or landlord shall
				  comply with termination of lease requirements set forth in the Hawaii
				  Residential Landlord-Tenant Code.
(b) During the term of the lease the owner or
				  landlord may only evict for:
(1) Serious or
				  repeated violations of the lease, including but not limited to failure to pay
				  rent or other amounts due under the lease, or repeated violation of the terms
				  and conditions of the lease;
(2)
				  Violations of federal, state or local law that impose obligations on the tenant
				  in connection with the occupancy or use of the premises, such as failure to
				  comply with all obligations, restrictions, whether demonstrated by the landlord
				  as rules or otherwise, which are in accordance with section
				  521-52,
				  Hawaii Revised Statutes, and which the landlord can demonstrate are reasonably
				  necessary for the preservation of the property or protection of the persons of
				  the landlord, other tenants, or any other person;
(3) Criminal activity by the tenant, any
				  member of the household, a guest or another person under the tenant's control
				  that threatens the health, safety or right to peaceful enjoyment of the
				  premises by the other residents, or persons residing in the immediate vicinity
				  of the premises or any drug-related criminal activity on or near the premises;
				  or
(4) Other good cause.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 5 - OPERATIONS › Section 17-2040-76 - Termination of participation

Current through June, 2024
(a) The authority
				  shall terminate a family's participation in the program when:
(1) The family has been evicted from housing
				  assistance under the program for serious violation of the lease;
(2) Any member of the family fails to sign
				  and submit consent forms for obtaining information in accordance with the
				  program;
(3) The family does not
				  submit required evidence of citizenship or eligible immigration status;
				  or
(4) Any family member fails to
				  meet the eligibility requirements concerning individuals enrolled at an
				  institution of higher education as specified in
				  24
				  C.F.R. §
												5.612.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 6 - INFORMAL REVIEWS › Section 17-2040-81 - Informal review process for applicants

Current through June, 2024
(a) An applicant
				  who has been denied assistance by the authority shall have an opportunity for
				  an informal review pursuant to
				  24 C.F.R. §
											982.554.
(b) The applicant shall provide the authority
				  with a written request for an informal review within fifteen days from the date
				  of the authority's notification of denial of assistance.
(c) The informal review shall be scheduled
				  within fifteen days from the date the written request is received by the
				  authority and shall be conducted by any person or persons designated by the
				  authority, but shall not be a person who made or approved the decision under
				  review or a subordinate of this person.
(d) The applicant shall be given the
				  opportunity to present oral or written objections to the authority's denial of
				  assistance. Both the authority and the applicant may present evidence and
				  witnesses. The applicant may be assisted by an attorney or other representative
				  at his or her own expense.
(e) The
				  informal review may be conducted in person, by mail, video conference or
				  telephone if acceptable to both parties.
(f) A written notice of the review of
				  findings shall be provided to the applicant within thirty days after the
				  review. The notice shall include the decision of the hearing officer and an
				  explanation of the reasons for decision.
(g) An applicant who is denied assistance for
				  citizen or immigrant status shall have an opportunity for an informal hearing
				  pursuant to
				  24 C.F.R.
				  §
											5.514.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 6 - INFORMAL REVIEWS › Section 17-2040-82 - Informal hearing process for participants

Current through June, 2024
(a) The
				  authority shall give a participant an opportunity for an informal hearing to
				  consider whether the following authority decisions relating to the individual
				  circumstances of a participant family are in accordance with the law, HUD
				  regulations and the authority's administrative rules:
(1) A determination of the family's annual or
				  adjusted income and the use of such income to compute the housing assistance
				  payment;
(2) A determination of the
				  appropriate utility allowance (if any) for tenant-paid utilities from the
				  authority's utility allowance schedule;
(3) A determination of the family unit size
				  under the authority's subsidy standards;
(4) A determination to terminate assistance
				  for a participant family because of the family's action or failure to act; or
(5) A determination to terminate
				  assistance because the participant family has been absent from the assisted
				  unit for longer than the maximum period permitted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 7 - LANDLORD INCENTIVE PROGRAM › Section 17-2040-91 - Landlord incentive program

Current through June, 2024
(a) The authority
				  may establish programs to incentivize landlords to participate in the emergency
				  housing voucher program by providing financial protection and assistance for
				  the landlord. Operation of the program is subject to the availability and
				  allotment of designated funds.
(b)
				  All landlords entering into a housing assistance payment contract with the
				  authority under this program shall be eligible for landlord incentives. These
				  incentives include:
(1) Assistance should the
				  applicant's dwelling unit not pass the initial housing quality standard
				  inspection for non-life-threatening conditions; and
(2) Assistance for tenant caused damages
				  above the cost of the security deposit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 7 - LANDLORD INCENTIVE PROGRAM › Section 17-2040-92 - Inspection incentives

Current through June, 2024
(a) All landlords
				  entering into a housing assistance payment contract are eligible for landlord
				  incentive should the applicant's dwelling unit not pass the initial housing
				  quality standards inspection for non-life-threatening conditions.
(b) Landlords shall be eligible to receive up
				  to $500 in the form of a gift card to a local hardware store to be used to
				  off-set the cost to correct nonlife-threatening deficiencies in the applicant's
				  dwelling unit that are identified by the authority's inspection.
(c) Initial inspection landlord incentive
				  payments shall not apply to the following:
(1) Upgrade of deficient items beyond a
				  reasonable level required to pass inspection;
(2) Non-inspection related items in or around
				  the dwelling unit's property or inspection items not cited as deficient;
				  or
(3) Installation of features not
				  in the dwelling unit prior to inspection.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 7 - LANDLORD INCENTIVE PROGRAM › Section 17-2040-93 - Landlord reimbursement eligibility

Current through June, 2024
A landlord is eligible to participate in the landlord
					 reimbursement incentive program provided the landlord submits a claim to the
					 authority within thirty calendar days of the tenant vacating the dwelling unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 7 - LANDLORD INCENTIVE PROGRAM › Section 17-2040-94 - Eligible expenses

Current through June, 2024
(a) After the
				  tenant has vacated the dwelling unit, the authority may reimburse the landlord
				  up to $1,000 for verified costs to repair the tenant-caused property damage
				  provided such costs exceed the security deposit.
(b) The authority may reduce the maximum
				  possible reimbursement, suspend, or terminate the landlord incentive program
				  based on the amount of funding available for this program.
(c) Eligible repairs shall be only those
				  repairs necessary to bring the dwelling unit back to the same or similar
				  condition as documented at the time the tenant moved into the unit. No
				  reimbursements shall be made for amenities that did not exist prior to the
				  tenant's move in date.
(d) These
				  funds are in addition to any amounts which. are first deducted from the
				  participants security deposit, as appropriate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 7 - LANDLORD INCENTIVE PROGRAM › Section 17-2040-95 - Submitting a claim

Current through June, 2024
(a) A landlord must
				  submit a claim to the authority within thirty days following the date the
				  tenant vacates the dwelling unit.
(b) A claim must include the following
				  documentation:
(1) Verification of initial
				  security deposit received, including itemized deduction of costs for previous
				  repairs, if any.
(2) Statement
				  reflecting tenant-caused damages, including a description of the
				  damage;
(3) Walk through check-list
				  and time dated photographs taken at the time the tenant moved into the dwelling
				  unit;
(4) Walk through checklist
				  and time dated photographs taken at the time the tenant vacated the dwelling
				  unit;
(5) Receipts, invoices, or
				  other documentation that shows nature, extent, and cost of repairs; and
(6) Statement by the landlord
				  certifying that all damages to be reimbursed by the authority were caused by
				  the tenant and are not the result of previously unrepaired dwelling unit
				  deficiencies or normal wear and tear.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 7 - LANDLORD INCENTIVE PROGRAM › Section 17-2040-96 - Claim review and approval

Current through June, 2024
(a) The authority
				  shall review all claims submitted by landlord on a case-by-case
				  basis.
(b) Claims that exceed the
				  security deposit but are $500 or less may require an inspection of damages to
				  the dwelling unit by the authority.
(c) For claims that exceed the security
				  deposit and are in excess of $500:
(1) The
				  authority shall schedule an inspection of the dwelling unit with the landlord
				  to inspect reported damages and confirm the estimated cost of
				  repairs;
(2) The landlord shall
				  schedule a follow-up inspection by the authority to show completion of the
				  repairs and adherence to housing quality standards; and
(3) The landlord must submit to the authority
				  the final invoices to repair the dwelling unit within thirty days of completion
				  of the work. Invoices must be submitted before a claim determination will be
				  made.
(a) The authority shall provide the
				  landlord with a copy of the inspection report.
(b) If the landlord requesting reimbursement
				  has either not completed the repairs or has not followed up with the authority
				  regarding the status of repairs within 90 days of submitting the claim, the
				  claim will be denied.
(c) A claim
				  or portion of a claim that cannot be verified by documentation or inspection
				  will be denied.
(d) A claim that is
				  completed and approved by the authority shall be paid within days of
				  approval.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 7 - LANDLORD INCENTIVE PROGRAM › Section 17-2040-97 - Continued tenant participation

Current through June, 2024
Following claim approval, the landlord shall allow
					 applicants an opportunity to apply for the dwelling unit by first advertising
					 the unit vacancy with the authority for a minimum of seven days before
					 advertising the dwelling unit to the public.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 8 - MISCELLANEOUS PROVISIONS › Section 17-2040-101 - Severability

Current through June, 2024
If any part, section, sentence, clause, of phrase of this
					 chapter, of its application to any person or transaction of 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 of circumstances shall not be
					 affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 8 - MISCELLANEOUS PROVISIONS › Exhibit A

Current through June, 2024
INCOME LIMITS
Income Limits for Admission
(Effective June 1, 2021)
City and County of Honolulu
Income Level
1 Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Low Income
$67,700
$77,350
$87,000
$96,650
$104,400
$112,150
$119,850
$127,600
Very Low Income
$42,300
$48,350
$54,400
$60,400
$65,250
$70,100
$74,900
$79,750
Extremely
Low Income
$25,400
$29,000
$32,650
$36,250
$39,150
$42,050
$46,140
$51,360
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 8 - MISCELLANEOUS PROVISIONS › Exhibit B

Current through June, 2024
SUBSIDY STANDARDS
In determining the appropriate dwelling unit size to be
					 entered on the voucher, the following criteria shall be applied:
1. The smallest unit suitable for the family
				  size shall be assigned.
2. Each
				  bedroom shall be occupied by at least one person and no more than two persons
				  shall be assigned to a bedroom.
3.
				  Every member of the family, regardless of age, shall be counted as a person;
				  except that a child not yet born by a pregnant household member shall not be
				  counted as a person in determining unit size.
4. Persons of the opposite sex (other than
				  spouses) over the age of three, and unrelated adults shall be allocated
				  separate bedrooms;
5. A live-in
				  aide shall be provided a separate bedroom; however, no additional bedrooms
				  shall be provided for a live-in aide's family.
6. Exceptions are allowed for verifiable
				  health and safety reasons.
Application of the above criteria results in the following
					 subsidy standards:
Voucher Size
Minimum Number of Persons in
								Household
Maximum Number of Persons in Household
0
1
1
1
1*
2
2
2
4
3
4
6
4
6
8
5
8
10
*A voucher for a 1 bedroom unit would be issued to a single
					 person household only when there are no (0/studio) bedroom dwellings available
					 in the area.
In the inspection of a unit before leasing, the unit must
					 meet the Occupancy Standards set by the respective county. See Exhibit C, "HPHA
					 OCCUPANCY STANDARDS", which shall be incorporated as part of this
					 subsection.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 8 - MISCELLANEOUS PROVISIONS › Exhibit C

Current through June, 2024
HPHA OCCUPANCY STANDARDS
Building Code Guidelines for Determining Occupancy
I. City and County of Honolulu (Oahu)
A. One (1) or more bedrooms
1. Living Room (minimum size is 120 sq. ft.)
				  Measure living room area (do not include kitchen area, but may include dining
				  space if in one area)
1st 70 sq. ft.
2 persons
each additional 50 sq. ft.
1 person per 50 sq. ft.
2.
				  Bedrooms
Measure bedroom area (do not include closet, halls,
					 bathrooms)
1st 70 sq. ft.
2 persons
each additional 50 sq. ft.
1 person per 50 sq. ft.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 8 - MISCELLANEOUS PROVISIONS › Exhibit E

Current through June, 2024
TENANCY ADDENDUM
Section 8 Tenant-Based Assistance Housing Choice
					 Voucher Program
(To be attached to Tenant Lease)
U.S. Department of Housing and Urban
					 Development
Office of Public and Indian Housing OMB Approval No.
					 2577-0169
Exp. 10/31/2010
1.
Section 8 Voucher Program
a. The
				  owner is leasing the contract unit to the tenant for occupancy by the tenant's
				  family with assistance for a tenancy under the Section 8 housing choice voucher
				  program (voucher program) of the United States Department of Housing and Urban
				  Development (HUD).
b. The owner has
				  entered into a Housing Assistance Payments Contract (HAP contract) with the PHA
				  under the voucher program. Under the HAP contract, the PHA will make housing
				  assistance payments to the owner to assist the tenant in leasing the unit from
				  the owner.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 8 - MISCELLANEOUS PROVISIONS › Exhibit F

Current through June, 2024
PAYMENT STANDARDS BASED ON
SMALL AREA FAIR MARKET RENTS
Effective January 1, 2021
TIER
ZIP
								  CODES
BEDROOM
								  SIZE
0
1
2
3
4
5
6
7
8
Tier 1
96821
96825
$2,000
$2,220
$2,920
$4,220
$5,150
$5,900
$6,700
$7,450
$8,250
Tier 2
96706
96853
96734
96860
96815
96818
$1,782
$1,980
$2,600
$3,740
$4,570
$5,250
$5,940
$6,630
$7,300
Tier 3
96707
96789
96862
96759
96791
96782
96814
96786
96857
$1,620
$1,810
$2,390
$3,430
$4,180
$4,810
$5,440
$6,070
$6,700
Tier 4
96701
96801
96805
96809
96813
96828
96848
96709
96802
96806
96810
96820
96830
96850
96712
96803
96807
96811
96823
96836
96854
96744
96804
96808
96812
96824
96839
96861
$1,540
$1,710
$2,250
$3,250
$3,938
$4,529
$5,119
$5,710
$6,301
Tier 5
96717
96816
96859
96731
96819
96762
96822
96797
96826
$1,419
$1,562
$2,046
$2,926
$3,542
$4,073
$4,605
$5,136
$5,667
Tier 6
96730
96792
96795
96817
$1,111
$1,220
$1,606
$2,299
$2,783
$3,201
$3,618
$4,036
$4,453
Effective January 1, 2022
TIER
ZIP
								  CODES
BEDROOM
								  SIZE
0
1
2
3
4
5
6
7
8
Tier 1
96821
96825
$2,097
$2,305
$3,025
$4,293
$5,175
$5,951
$6,728
$7,504
$8,280
Tier 2
96706
96853
96734
96860
96815
96818
$1,998
$2,196
$2,880
$4,095
$4,932
$5,672
$6,412
$7,151
$7,891
Tier 3
96707
96789
96863
96759
96791
96782
96814
96786
96857
$1,638
$1,810
$2,390
$3,430
$4,180
$4,810
$5,440
$6,070
$6,700
Tier 4
96701
96801
96805
96809
96813
96824
96837
96854
96709
96802
96806
96810
96816
96828
96839
96858
96744
96803
96807
96811
96820
96830
96848
96861
96762
96804
96808
96812
96823
96836
96850
$1,550
$1,710
$2,250
$3,250
$3,940
$4,530
$5,120
$5,710
$6,300
Tier 5
96712
96797
96859
96717
96819
96730
96822
96731
96826
$1,452
$1,595
$2,101
$2,981
$3,597
$4,137
$4,676
$5,216
$5,755
Tier 6
96817
$1,353
$1,485
$1,947
$2,761
$3,333
$3,833
$4,333
$4,833
$5,333
Tier 7
96792
96795
$1,210
$1,331
$1,749
$2,486
$2,992
$3,441
$3,890
$4,338
$4,787
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-1.1 - Purpose

Current through June, 2024
These emergency rules are adopted based on the findings in
					 section HPHA-RS-1.0, and set forth the requirements for participation by
					 eligible applicants and housing owners in this special rent supplement program
					 administered by the authority under Chapter 356D, Part VIII, Hawaii Revised
					 Statutes, to address the homelessness emergency ("Special Rent Supplement
					 Program").
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-1.2 - Applicability

Current through June, 2024
Notwithstanding Chapter
					 15-184, Hawaii Administrative Rules
					 ("HAR"), Rent Supplement Program, and any subsequent repeal and adoption of new
					 administrative rules to replace Chapter
					 15-184, HAR (collectively, "RSP
					 HARs"), these rules shall apply only to applicants and participants of this
					 Special Rent Supplement Program; provided that upon expiration of these
					 emergency rules, these rules shall terminate, and the RSP HARs shall apply to
					 all participants of this Special Rent Supplement Program. Notwithstanding the
					 termination of these rules, any rent supplement agreement executed pursuant to
					 this Special Rent Supplement Program and these rules shall continue and be in
					 effect for a period not to exceed 12 months.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-3 - Income limits

Current through June, 2024
To be eligible to participate or continue participation in
					 the program, an applicant's or tenant's adjusted household income shall not
					 exceed the very low income limits most recently determined by the U.S.
					 Department of Housing and Urban Development.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-4 - Asset limits

Current through June, 2024
(a) An elderly
				  family having assets valued at more than twice its applicable income limit is
				  ineligible to participate in the program.
(b) A non-elderly family having assets which
				  are valued at more than one and one half times its applicable income limit is
				  ineligible to participate in the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-5 - Asset transfer

Current through June, 2024
All assets transferred or assigned to another party,
					 within a twenty-four month period prior to submitting an application or for the
					 purpose of continuing to qualify for participation in the program, shall be
					 included in determining a household's assets.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-6 - Occupancy guidelines

Current through June, 2024
Eligible applicants and tenants shall abide by the
					 occupancy standards for admission and continued occupancy in this program as
					 prescribed in exhibit A, entitled "Occupancy Standards", located at the end of
					 this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-7 - Program administration

Current through June, 2024
(a) The authority
				  may enter into contract with provider agencies to administer this program in
				  whole or in part.
(b)
				  Notwithstanding that services to administer this program may be contracted with
				  provider agencies, the authority reserves the right to approve participation
				  for eligible applicants.
(c) The
				  provider agency shall administer this program in compliance with these
				  emergency rules (Chapter HPHA-RS) until the termination of these rules as set
				  forth in HPHA-RS-1.2. Upon termination of these rules, the provider agency
				  shall administer this program pursuant to Chapter
				  15-184, HAR, Rent Supplement Program,
				  or any adoption of new administrative rules to replace Chapter
				  15-184, HAR.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-8 - Qualifying standards for provider agencies

Current through June, 2024
(a) Any
				  provider agency contracted to administer this special rent supplement program
				  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 services to be
				  exempt from federal income tax with a governing board whose members have no
				  material conflict of interest and serve without compensation;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-8 - Payments to provider agencies

Current through June, 2024
(a) The authority
				  may make or contract to make payments to a provider agency qualified under
				  section HPHA-RS-7.
(b) Funds
				  received shall be used for rent supplement payments under HPHA-RS-31. The
				  authority may reserve an amount of funds for the administration of the program
				  by the authority or provider agencies.
(c) Payments to provider agencies may be made
				  in advance by the authority on a monthly basis to ensure timely payments on
				  behalf of program participants.
(d)
				  Requests for payments shall be in the form prescribed by the authority. The
				  request for payment shall, at a minimum, include a list of program
				  participants, pending applicants, and computation of the amount
				  requested.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-9 - Applicant and participant files

Current through June, 2024
(a) All applicant
				  and participant files and personal information given or made available to the
				  authority or a provider agency in the course of administration of this program
				  shall be treated as confidential and maintained in secured equipment or
				  rooms,
(b) All applicant and
				  participant information shall be made available and accessible to the authority
				  for the purposes of monitoring, quality control, audit or other program
				  purposes.
(c) All applicant and
				  participant information and files shall turned over to the authority within 5
				  business days at the completion of this program or termination of the provider
				  agency contract.