reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-34 - Interim homeownership assistance adjustment

Current through June, 2024
(a) The
				  authority may adjust a participant's homeownership assistance payment between
				  reexaminations if a participant reports a change in income and requests an
				  adjustment.
(b) Adjustments
				  reflecting a higher homeownership assistance payment shall be made effective on
				  the first day of the month following the month the report was made A
				  participant who has obtained an increase in the homeownership assistance
				  payment under this section, shall report all income increases which occur prior
				  to the next reexamination and the homeownership assistance payment shall be
				  readjusted accordingly.
(c) An
				  adjustment in the homeownership assistance payment shall be made between
				  reexaminations when a participant's income increases as a result of the
				  inclusion of additional persons with income to the family, and such adjustment
				  shall be made effective on the first day of the second month following the
				  inclusion.
(d) The participant and
				  lender shall be notified in writing by the authority of the results of any
				  reexamination within a reasonable time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-35 - Continued assistance; family obligations.

Current through June, 2024
(a) To be eligible
				  for homeownership assistance, the participant shall occupy the home.
(b) The participant shall comply with the
				  following family obligations:
(1) Attend and
				  complete ongoing homeownership and housing counseling;
(2) Comply with the terms of any mortgage
				  securing debt incurred to purchase or refinance the home;
(3) Not convey or transfer the
				  home;
(4) Supply any required
				  information that the authority or HUD determines is necessary in the
				  administration of the Program, including information on the following:
(i) Any mortgage or other debt incurred to
				  purchase the home, and any refinancing of such debt and information on any
				  satisfaction or payment of the mortgage debt ;
(ii) Any sale or other transfer of any
				  interest in the home; or
(iii) The
				  family's homeownership expenses;
(5) Notify the authority before the
				  participant moves out of the home;
(6) Notify the authority if the participant
				  defaults on a mortgage securing any debt incurred to purchase the
				  home;
(7) During the time the
				  participant receives homeownership assistance, no family member may have any
				  ownership interest in any other residential property;
(8) Not commit drug-related criminal activity
				  or violent criminal activity pursuant to chapter
				  17-2
				  036, Hawaii Administrative Rules; and
(9) Comply with additional requirements that
				  the authority may establish including:
(i)
				  Attending post-purchase homeownership counseling; or
(ii) Having periodic inspections of the
				  dwelling unit,
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 3 - PURCHASE OF DWELLING UNIT › Section 17-2036-41 - Contract of sale; requirements

Current through June, 2024
(a) Upon finding a
				  dwelling unit that the applicant is willing to purchase, the applicant shall
				  provide a copy of the contract of sale to the authority.
(b) The contract of sale shall contain the
				  following information:
(1) Specify the price
				  and other terms of sale by the seller to the applicant;
(2) Provide that the applicant shall arrange
				  for a pre-purchase inspection of the dwelling unit by an independent inspector
				  selected by the applicant;
(3)
				  Provide that the applicant is not obligated to purchase the unit;
(4) Provide that the applicant is not
				  obligated to pay for any necessary repairs; and
(5) Certify that the seller has not been
				  debarred, suspended, or subject to a limited denial of participation under 24
				  C.F.R. Part 24.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 3 - PURCHASE OF DWELLING UNIT › Section 17-2036-42 - Dwelling unit inspection

Current through June, 2024
(a) Dwelling units
				  approved for sale in the Program shall meet housing quality
				  standards.
(b) Prior to commencing
				  homeownership assistance, the authority shall inspect the dwelling unit within
				  a reasonable time after receipt of the applicant's contract of sale.
(c) In addition to the inspection conducted
				  by the authority, the applicant shall select and pay for an independent
				  inspection conducted by an independent inspector qualified to report on
				  property conditions, including major building systems and components. The
				  independent inspection shall cover major building systems and components,
				  including:
(i) Foundation and structure;
(ii) Housing interior and
				  exterior; and
(iii) Roofing,
				  plumbing, electrical, heating and cooling systems.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 3 - PURCHASE OF DWELLING UNIT › Section 17-2036-43 - Lender requirements

Current through June, 2024
(a) The authority
				  shall maintain a list of approved mortgage lenders from which a family may
				  obtain financing to purchase a home.
(b) Lenders shall obtain the authority's
				  approval of the terms of the loan.
(c) Lenders shall notify the authority when a
				  participant becomes delinquent by more than thirty days.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 3 - PURCHASE OF DWELLING UNIT › Section 17-2036-44 - Financing requirements

Current through June, 2024
(a) The family may
				  obtain financing to purchase the dwelling unit from any lender on the
				  authority's approved list of mortgage lenders.
(b) The authority shall review the terms of
				  the mortgage loan The corporation may disapprove proposed financing,
				  refinancing or other debt if the corporation determines that the debt is
				  unaffordable, or to determine if the loan terms do not meet the authority's
				  qualifications.
(c) The authority
				  may disapprove certain loan types including adjustable rate mortgage loans and
				  balloon payment mortgage loans.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 4 - HOMEOWNERSHIP ASSISTANCE PAYMENTS › Section 17-2036-51 - Maximum term of homeownership assistance

Current through June, 2024
(a) Except in the
				  case of a family that qualifies as an elderly or disabled family, the maximum
				  term of homeownership assistance is as follows:
(1) Fifteen years, if the initial mortgage
				  incurred to finance the purchase of the home has a term of twenty years or
				  longer; or
(2) Ten years, in all
				  other cases.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 4 - HOMEOWNERSHIP ASSISTANCE PAYMENTS › Section 17-2036-52 - Homeownership assistance payments

Current through June, 2024
(a) The authority
				  shall make homeownership assistance payments into a dedicated, limited access
				  account established by the lender or mortgage servicer.
(b) The homeownership assistance payment
				  shall be the lower of:
(i) The payment
				  standard minus the total tenant payment; or
(ii) The participant's monthly homeownership
				  expenses minus the total tenant payment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2036-61 - Portability

Current through June, 2024
(a) The authority may require applicants who
				  were nonresidents at the time of application to live in its jurisdiction during
				  the first twelve-month period.
(b)
				  The authority shall not absorb a family under portability assistance into its
				  Program unless funds are available and there is no applicant with a preference
				  on the applicable waiting list.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2036-62 - Moves with continued tenant-based assistance

Current through June, 2024
(a) A
				  participant may move to a new unit with continued tenant-based
				  assistance.
(b) The authority shall
				  deny permission to move to a new unit with continued tenant-based assistance
				  if:
(1) The authority does not have
				  sufficient funds to provide continued assistance;
(2) The participant has defaulted on an
				  FHA-insured mortgage;
(3) The
				  participant fails to demonstrate that the participant has conveyed title to the
				  home to HUD or a HUD designee and the participant has moved from the home
				  within the period established or approved by HUD; 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 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 5 - OPERATIONS › Section 17-2036-63 - Termination of participation

Current through June, 2024
(a) The authority
				  shall terminate a family's participation in the Program when:
(1) The family fails to comply with the
				  continued assistance requirements set forth in section 17-2036-35 or
(2) The family is dispossessed from the home
				  pursuant to a judgment or order of foreclosure on any mortgage securing debt to
				  purchase the property or any refinancing of such debt.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 6 - MISCELLANEOUS PROVISIONS › Section 17-2036-71 - 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 or circumstances shall not be
					 affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2038-1 - Purpose

Current through June, 2024
These rules shall govern the practice and procedure for
					 terminating the tenancy of persons using or occupying any unit in a project
					 owned or operated by the Hawaii public housing authority except for rental
					 housing projects governed by chapter
					 356D, Part II Federal Low-Income
					 Housing, HRS. These rules afford tenants an opportunity for a hearing if a
					 tenant disputes any action by the authority to evict the tenant from the
					 tenant's unit. These rules shall be liberally construed to ensure that the
					 rights of the parties are preserved in a just and timely resolution of every
					 hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2038-3 - Communications

Current through June, 2024
(a) Communications to the eviction board may
				  be mailed or delivered to the authority's hearings office.
(b) A quorum of the eviction board,
				  consisting of at least two, but not more than three members, shall be present
				  to validate any action taken.
(c)
				  No employee of the authority shall be an eviction board member, unless
				  specifically designated by the authority.
(d) All documents issued by the eviction
				  board may be executed by facsimile signature.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2038-4 - Process service

Current through June, 2024
(a) All documents
				  issued for the purposes of this chapter shall be served either:
(1) Personally to the tenant or adult
				  household member by any person who is not a party and is not less than 18 years
				  of age of the State; or
(2) By
				  certified mail return receipt requested; or
(3) If personal service or service by
				  certified mail cannot be effectuated, the document or documents may be served:
(i) By posting the document or documents on
				  the unit occupied by the tenant and by first class mail to the party's last
				  known address; or
(ii) By
				  publication in a newspaper of general circulation and by first class
				  mail.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2038-5 - Grounds for termination of tenancy and eviction

Current through June, 2024
(a) The
				  eviction board shall determine whether there are sufficient grounds for
				  termination of the rental agreement.
(b) The grounds for termination of the rental
				  agreement are set forth in section
				  356D-62,
				  HRS, and sections 15-186-48 and 15-193-48.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 2 - HEARING PROCEDURE › Section 17-2038-11 - Notice of cause for cases referred for eviction

Current through June, 2024
(a) Project
				  managers within each county may initiate eviction proceedings for any of the
				  reasons set forth in section
				  356D-62,
				  HRS, and sections 15-186-48 and 15-193-48. The tenant shall be notified in
				  writing and the document shall state the reason for and the date of the
				  proposed termination of the agreement. The document shall also inform the
				  tenant of the tenant's rights to reply to the authority's staff.
(b) If the violation is for delinquent
				  payment of rent, the authority may negotiate a reasonable payment arrangement
				  with a family in accordance with sections 15-186-47 and 15-193-47.
(c) The tenant shall be notified in
				  accordance with section
				  356D-63(a),
				  HRS.
(d) If the tenant fails to
				  respond within the time period prescribed by the notice of proposed
				  termination, the project manager shall submit a written request to the eviction
				  board that the tenant be evicted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 2 - HEARING PROCEDURE › Section 17-2038-13 - Request for subpoena

Current through June, 2024
(a) Only the
				  parties to the hearing may request the issuance of a subpoena subject to
				  subsection (b). The eviction board or its designated representative shall issue
				  the subpoena.
(b) The request for
				  issuance of a subpoena of a witness shall be in writing and shall state the
				  name and address of the desired witness and the reasons why the testimony of
				  the witness is material and relevant to the issues in the hearing. The party
				  requesting the subpoena shall pay to the witness the same fees and mileage as
				  prescribed in chapter
				  607, HRS. The request for issuance of
				  a subpoena duces tecum for documents and records shall be in writing. The party
				  requesting the subpoena duces tecum for documents and records shall pay all
				  copying costs. The request shall specify the particular document or record, or
				  part thereof sought, and shall state the reasons why the document or record is
				  material and relevant to the issues of the hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › Section 17-2038-21 - Counsel

Current through June, 2024
(a) Unless otherwise directed by the eviction
				  board, one counsel for each party represented shall be permitted to conduct
				  direct and cross examination of a witness, state and argue an objection or
				  motion, and make opening or closing argument.
(b) A tenant may appear on the tenant's own
				  behalf or with another person as the tenant may authorize.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › Section 17-2038-22 - Motions

Current through June, 2024
(a) All motions shall state the grounds and
				  shall set forth the relief or order sought Motions need not be in
				  writing.
(b) All motions shall be
				  presented to the eviction board at the commencement of the hearing If a written
				  motion is presented, a copy shall be provided to the opposing party.
(c) The opposing party may state opposition
				  to any motion presented to the eviction board. The eviction board may consider
				  all motions and opposing motions and shall rule on each motion when
				  appropriate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › Section 17-2038-23 - Waiver of procedure

Current through June, 2024
Upon agreement of the parties, any procedure in a hearing
					 may be modified or waived and informal disposition may be made of any case by
					 agreed settlement, consent order, or default.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › Section 17-2038-24 - Records

Current through June, 2024
(a) The hearings clerk shall keep written
				  summaries of all hearings Neither a full transcript nor recording of the
				  hearing shall be required
(b) All
				  records of a hearing shall be confidential pursuant to section
				  92F-13(2,
				  HRS, and released only at the direction of the eviction board, by judicial
				  order, upon request by a tenant who is a party to the hearing, or upon the
				  filing of a notice of appeal pursuant to chapter
				  91, HRS, and section
				  356D-66, HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › Section 17-2038-25 - Eviction Board

Current through June, 2024
(a) The presiding officer shall preside in
				  all hearings.
(b) The eviction
				  board shall determine the order of appearance of the parties to a hearing and
				  shall administer the oath to all witnesses as prescribed by section
				  621-12, HRS.
				  The eviction board may limit the time of each witness giving testimony upon a
				  particular issue.
(c) The eviction
				  board shall consist of not less than two and no more than three members, of
				  which one member shall be a tenant.
(d) Hearings shall be conducted in an
				  informal manner unless otherwise required by law.
(e) The eviction board may remove any person
				  who disrupts a hearing.
(f) If a
				  tenant, the tenant's attorney, or the tenant's representative is removed for
				  disruptive conduct, the hearing may continue and a determination made based
				  upon the available evidence and testimony presented.
(g) All hearings shall be confidential and
				  closed to the public unless the tenant agrees otherwise.
(h) The hearing may be conducted through the
				  use-of video conferencing technology in accordance with section
				  356D-63(b),
				  HRS. The authority shall notify the tenant, the tenant's attorney, or the
				  tenant's representative in writing prior to the scheduled hearing date that the
				  hearing shall be conducted using video conferencing technology.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › Section 17-2038-26 - Default

Current through June, 2024
A tenant who fails to appear at a hearing after being duly
					 notified may be found in default and the eviction board may proceed with the
					 hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 3 - HEARINGS › Section 17-2038-27 - Curable and Non-Curable Violations

Current through June, 2024
(a) The eviction
				  board shall determine whether or not the violation of the rental agreement
				  constitutes a curable or non-curable violation A violation is curable if the
				  violation for which the tenant is being referred is a first offense and is not
				  defined as a non-curable violation.
(b) Non-curable violations include:
(1) Any violations that threaten the health
				  or safety of the other residents or the authority's employees or
				  representatives;
(2) Any
				  drug-related criminal activity or violent criminal activity;
(3) Any criminal activity that threatens the
				  health, safety, or right to peaceful enjoyment of the other residents or the
				  authority's employees or representatives;
(4) Where any member of the family has been
				  convicted of a felony during the term of the tenancy, and the felony is related
				  to the authority's property or funds, the resident association or tenant
				  association's property or funds, homicide, assault, terroristic threatening,
				  firearms, dangerous weapons, kidnapping, sexual assault, extortion, burglary,
				  unauthorized control of propelled vehicle, and criminal property
				  damage.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 4 - APPEALS › Section 17-2038-31 - Appeals of contested case hearings

Current through June, 2024
Any person aggrieved by the final decision and order of
					 the eviction board may institute proceedings for review in the circuit court
					 within thirty days after receipt of the decision as provided in section
					 356D-66, HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 5 - MISCELLANEOUS PROVISIONS › Section 17-2038-41 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of these
					 rules or its application to any person or circumstance is for any reason held
					 to be unconstitutional or invalid, the remaining parts, sections, sentences,
					 clauses, and phrases or applications of these rules to other persons or
					 circumstances shall not be affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, HRS, and shall govern the
					 authority's implementation of the requirements of the emergency housing voucher
					 program authorized by the American Rescue Plan Act of 2021 (
					 Pub. L. No.
					 117-2 ) and implemented by HUD, and establishes
					 the role and responsibility of the participants, the Continuum of Care, and the
					 authority. This emergency housing voucher program assists individuals and
					 families who are experiencing homelessness; at risk of experiencing
					 homelessness; fleeing, or attempting to flee, domestic violence, dating
					 violence, sexual assault, stalking, or human trafficking; or were recently
					 homeless and for whom providing rental assistance will prevent the family's
					 homelessness or having high risk of housing instability. Emergency housing
					 vouchers are tenant-based rental assistance under Section 8(0) of the United
					 States Housing Act of 1937 (42 U.S.C. §
											1437f(o))
					 .
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-2 - Nondiscrimination

Current through June, 2024
(a) The authority shall not deny any family
				  or individual the opportunity to apply for or receive assistance under this
				  chapter on the basis of race, color, sex, religion, marital status, creed,
				  national or ethnic origin, age, familial status, ancestry, sexual orientation,
				  gender identity or expression, handicap or disability or human immunodeficiency
				  virus (HIV) infection.
(b) The
				  authority shall comply with federal and state nondiscrimination laws and with
				  rules and regulations governing fair housing and equal opportunity in the
				  administration of the program. The authority shall provide a family with
				  information on how to fill out and file a fair housing complaint if the family
				  claims that discrimination prevented them from finding or leasing a suitable
				  unit under the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-4 - Notice to active waitlist families

Current through June, 2024
The authority shall inform its active housing choice
					 voucher waitlist applicants of the availability and nature of housing
					 assistance for families within the eligibility populations, the referral
					 process, and how to contact the authority's designated partner referral agency,
					 through posting information on the authority website.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-5 - Participation by owners and others

Current through June, 2024
The authority shall invite eligible owners and landlords,
					 including owners or landlords of suitable units located outside of poverty or
					 racially concentrated areas, to make dwelling units available for leasing by
					 eligible families and to expand opportunities for disabled persons.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-6 - Income limits

Current through June, 2024
(a) Income limits
				  for a family's participation in the program shall be the same income limits
				  established by HUD for its emergency housing voucher program which are set
				  forth in Exhibit A.
(b) Applicable
				  income limits as provided in subsection (a) shall be published once per year in
				  a conspicuous place at the authority's offices that accept applications, on the
				  authority's website, and printed in the authority's informational materials on
				  eligibility for the programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-8 - Subsidy and occupancy standards

Current through June, 2024
(a) The authority
				  shall establish subsidy standards that shall provide for a minimum commitment
				  of subsidy while avoiding overcrowding. The subsidy standards are incorporated
				  by reference and attached as Exhibit B.
(b) The standards determine the number of
				  bedrooms to be entered on the voucher and not a family's actual living
				  arrangement.
(c) The authority's
				  occupancy standards follow the occupancy codes of the County in which the unit
				  is located. The occupancy standards are incorporated by reference and attached
				  as Exhibit C.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-9 - Allowance for utilities and other services

Current through June, 2024
(a) The authority
				  shall maintain a utility allowance schedule for utilities and other services
				  that shall be coordinated with the allowance schedules of the respective
				  counties. The utility allowance schedules, as set forth in Exhibit D, shall be
				  published once per year on the authority's website.
(b) On request from a family that includes a
				  person with disabilities, the authority shall approve a utility allowance which
				  is higher than the applicable amount in the utility allowance schedule if a
				  higher utility allowance is needed as a reasonable accommodation in accordance
				  with 24 C.F.R. part 8 to make the program accessible to and usable by the
				  family member with a disability.
(c) A participant shall receive a utility
				  reimbursement when the utility allowance exceeds the total tenant payment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-10 - Verification of information

Current through June, 2024
(a) The authority
				  shall require an applicant or participant to provide documentation verifying
				  information provided by the family relating to the program to the agency
				  processing the initial application for assistance.
(b) An applicant or participant who fails to
				  provide requested documentation to verify information shall be ineligible for
				  participation in the program.
(c)
				  Verification documents shall be valid for the following lengths of time:
(1) For applicants, sixty days before the
				  voucher is issued to the applicant.
(2) For participants, one hundred twenty days
				  from the date received by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-11 - Contracting Services

Current through June, 2024
(a) The authority
				  may contract all or a portion of the services necessary to operate this program
				  as may be required or allowed by federal regulations and notices issued by HUD
				  for the emergency housing voucher program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-21 - Referrals

Current through June, 2024
(a) The authority shall only accept
				  applicants through a direct referral process from the Coe coordinated entry
				  system or other designated partner referral agencies.
(b) Only individuals or families who are
				  determined eligible for the program by the designated partner referral agency
				  shall be submitted to the authority for participation.
(c) Other than cases where an individual or
				  family is requesting an emergency transfer under the Violence Against Women
				  Act, the authority shall refer a family seeking assistance under the program to
				  the designated partner referral agency for the initial intake, assessment, and
				  possible referral to the authority for emergency housing voucher program
				  participation.
(d) A family seeking
				  to participate in the program may contact the CoC or a designated partner
				  referral agency directly if they believe they may be eligible for
				  assistance.
(e) A final eligibility
				  review shall be conducted by the authority when a completed applicant referral
				  packet is submitted.
(f) An
				  applicant who has misrepresented material information may not be eligible to
				  file an application with the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-22 - Collection and submission of documents

Current through June, 2024
(a) All initial
				  application documentation, including, but not limited to, application,
				  identification verification, and income and asset verification, shall be
				  submitted to the authority by the designated partner referral agency.
(b) The designated partner referral agency
				  shall be responsible for ensuring that all required documents have been
				  collected, are valid, and properly submitted to the authority.
(c) Failure to submit all required
				  information shall result in the return of the referred application packet to
				  the designated partner referral agency for completion.
(d) Additional requests for information
				  required by the authority to determine eligibility shall be submitted to the
				  designated partner referral agency for follow up.
(e) The designated partner referral agency
				  shall continue to be responsible for assisting in the collection of additional
				  information if the applicant is accepted into the program until the end of
				  executed memorandum of agreement with the designated partner referral agency.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-23 - Eligibility under qualifying categories

Current through June, 2024
(a) To be eligible
				  for an emergency housing voucher, an individual or family must meet one of four
				  eligibility categories:
(1)
				  Homeless;
(2) At risk of
				  homelessness;
(3) Fleeing, or
				  attempting to flee, domestic violence, dating violence, sexual assault,
				  stalking, or human trafficking; or
(4) Recently homeless and for whom providing
				  rental assistance will prevent the family's homelessness or having high risk of
				  housing instability;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-24 - Eligibility for admission and participation

Current through June, 2024
(a) To be
				  eligible for participation in the program, an applicant and household members
				  shall meet all of the requirements of the preapplication and final-application
				  phases as set forth below:
(1) During the
				  application phase, the applicant and adult household members shall:
(A) Qualify as a family;
(B) Be income eligible as determined under
				  section 17-2040-6;
(C) Provide a
				  social security number for all family members who are at least six years of age
				  or certify that the person does not have a social security number;
(D) Not have committed fraud, bribery, or any
				  other corrupt or criminal act in connection with any federal housing program
				  within the previous 12 months;
(E)
				  Within one year of the projected date of voucher award, not have been engaged
				  in any violent criminal activity or other criminal activity which would
				  threaten or adversely affect the health, safety, right of peaceful enjoyment of
				  the premises by other residents or persons residing in the immediate
				  vicinity;
(F) Not be engaged in or
				  threatened abusive or violent behavior toward authority personnel within the
				  previous twelve months;
(G) Not
				  have been convicted of drug-related criminal activity for manufacture or
				  production of methamphetamines on the premises of federally assisted housing;
				  and
(H) Not be subject to lifetime
				  registration requirements under any State sex offender's registration program;
				  and
(I) Furnish evidence of
				  citizenship or eligible immigrant status as provided for in
				  24
				  C.F.R. §
													5.508.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-25 - Notification of eligibility

Current through June, 2024
(a) An applicant
				  shall be mailed or sent a written or electronic notification after an
				  eligibility determination is made. The notification shall specifically state
				  the reasons for the determination.
(b) An eligible applicant shall be placed on
				  the waiting list.
(c) An applicant
				  determined to be ineligible for admission or participation in the program shall
				  be accorded an opportunity to request for an informal review as set forth in
				  section 17-2040-81.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-26 - Waiting list

Current through June, 2024
(a) The authority shall maintain a separate
				  waiting list for the emergency housing voucher program. This emergency housing
				  voucher program waiting list is separate from the waiting list for housing
				  choice voucher program and project-based voucher program.
(b) Placement on the emergency housing
				  voucher program waiting list shall be by referral from the designated partner
				  referral agency or determination of eligibility for a VAWA emergency transfer
				  by the authority.
(c) The waiting
				  list shall remain open to referrals until September 30, 2023 or until all
				  initial program vouchers have been issued, whichever is later.
(d) Vouchers which are returned to the
				  authority may be reissued but must be reissued no later than September 30,
				  2023.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-27 - Removal from the waiting list

Current through June, 2024
An applicant shall be removed from the waiting list for any
					 one of the following reasons:
(1) The
				  applicant requests that applicant's name be removed;
(2) The applicant no longer meets the
				  eligibility criteria set forth in section 17-2040-22;
(4) The applicant fails to respond to the
				  authority's, the CoC's or the designated partner referral agency's reasonable
				  contact efforts. Two written or electronic notices to the last known address
				  shall constitute reasonable effort to contact;
(5) The applicant fails without good cause to
				  keep a scheduled interview or to provide requested information necessary to
				  determine eligibility;
(6) The
				  applicant refuses the emergency housing voucher for housing assistance;
				  or
(7) The applicant misrepresents
				  any material information to the authority on the application or
				  otherwise.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-28 - Opening and Closing the waiting list

Current through June, 2024
(a) If a sufficient
				  number of eligible applicants are on the waiting list and it is reasonable to
				  determine that additional applicants will not be served due to the lack of
				  available or additional vouchers, the authority may close the waiting list
				  through notification to the designated partner referral agency and posting on
				  its website.
(b) The authority may
				  reopen the waiting list by written notification to the designated partner
				  referral agencies and posting a notice on its website or through public
				  notice.
(c) The authority shall not
				  be required to maintain a list of individuals to notify when the waiting list
				  is reopened.
(d) No new applicants
				  may be referred after September 30, 2023, unless the emergency housing voucher
				  program is extended, acceptance of additional applicants is authorized by HUD,
				  and the authority accepts additional vouchers.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-29 - Final application process-selection and certification

Current through June, 2024
(a) Selection for certification and final
				  application processing shall be from the established waiting list.
(b) Applicants shall be provided with a
				  briefing packet containing all required materials and shall be informed of
				  their responsibilities prior to acceptance of a voucher. A voucher shall not be
				  issued unless the applicant or authorized representative participates in a
				  briefing and signs the voucher.
(c)
				  A voucher holder shall be responsible for finding a qualified dwelling unit of
				  appropriate size prior to the expiration of the voucher.
(d) The authority shall ensure housing search
				  assistance is made available during their initial housing search through
				  partnership with the Coe or other designated partner referral agencies. The
				  authority may use available emergency housing voucher funds to assist in the
				  housing search, completion of the rental application, and completion of forms
				  submitted to the authority.
(e) A
				  voucher shall expire at the end of one hundred twenty days from issuance unless
				  within that tirneframe, the family submits a request for lease approval, in
				  which case the one hundred twenty day time limit shall be suspended while the
				  authority determines whether to approve the lease.
(f) An applicant may request an extension
				  beyond one hundred twenty days provided there are verifiable circumstances
				  beyond the applicant's control that hinder the applicant from locating a
				  suitable unit. The request for extension shall be in writing and be received by
				  the authority or postmarked no later than the last day of the voucher term. The
				  extension request shall include an explanation for the request and a progress
				  report on efforts made to locate a suitable unit. If an extension is granted,
				  the authority shall recertify the applicant's eligibility and income.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-30 - Annual income

Current through June, 2024
The authority shall determine each applicant's and
					 participant's annual income pursuant to
					 24
					 C.F.R. §
											5.609.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-31 - Reexaminations

Current through June, 2024
(a) At least once every twelve months, the
				  authority may reexamine a family's income, composition and any other matter
				  necessary to determine the participant's rent and eligibility for continued
				  housing assistance.
(b) If at the
				  time of admission or reexamination, a family's income cannot be reasonably
				  anticipated for the next twelve-month period, the authority may schedule a
				  special reexamination at any time prior to the next annual reexamination when
				  deemed necessary.
(c) The
				  participant and owner or landlord shall be notified in writing by the authority
				  of the results of any reexamination within a reasonable time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-32 - Interim rent adjustment

Current through June, 2024
(a) The authority
				  may adjust a participant's rent between reexaminations if a participant
				  properly reports a change in income.
(b) Changes in income shall be reported in
				  writing within ten business days of the change of income and must include
				  documentation verifying the income change. A verbal request shall not be
				  considered sufficient notification.
(c) The participant shall be notified in
				  writing by the authority if additional documentation is required to verify the
				  income change. The participant shall be given ten business days to provide the
				  requested documentation. If the requested information is not provided by the
				  end of the ten business day period, the request will be cancelled and no
				  adjustment will be made.
(d)
				  Adjustments reflecting a lower rent shall be made effective on the first day of
				  the month following the month the report was made. A participant who has
				  obtained a decrease in their portion of rent under this section, shall report
				  all income increases which occur prior to the next reexamination and rent may
				  be readjusted accordingly.
(e) A
				  rent adjustment shall be made between reexaminations when a participant's
				  income increases as a result of the inclusion of additional persons with income
				  to the family, and such adjustment shall be made effective on the first day of
				  the second month following the inclusion.
(f) Participants are required to report all
				  increases in earned income, including new employment, in writing within ten
				  business days of the date the change takes effect. When reported timely, the
				  authority will note the information in the tenant file but will not conduct an
				  interim reexamination. If not reported timely, an interim reexamination will be
				  conducted.
(g) The participant and
				  owner or landlord shall be notified in writing by the authority of the results
				  of any reexamination within a reasonable time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 2 - ELIGIBILITY › Section 17-2040-33 - Continued assistance

Current through June, 2024
When one family breaks up into two eligible families, only
					 one family can receive housing assistance. If both families wish to continue
					 assistance under the program, and there is no court order that specifies which
					 family member retains the assistance under the program, the authority shall
					 consider the following factors in determining which family will continue to
					 receive assistance:
(a) Whether the
				  family has custody of the minor child or minor children or includes any
				  disabled or elderly members. A minor child or minor children subject to a joint
				  custody agreement but live with one parent for a cumulative period of at least
				  one hundred eighty three days of the year shall be considered a member of that
				  household;
(b) Whether the family
				  includes the family member that applied as head of household;
(c) Whether the family excluded the
				  responsible party for domestic violence which caused the break up of the
				  family, if applicable; and
(d)
				  Which family is recommended by social service agencies or qualified
				  professionals to retain assistance, if applicable.