reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 4 - RESIDENT ADVISORY BOARD MEETINGS › Section 17-2032-42 - Manner of voting

Current through June, 2024
The voting on all questions coming before the resident
					 advisory board shall be by motion, duly seconded, and shall be entered upon the
					 minutes of such meeting. When requested by the chairperson or any member, a
					 roll call vote shall be taken. All measures voted on by resident members shall
					 be advisory in nature unless it pertains to the election of officers.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 4 - RESIDENT ADVISORY BOARD MEETINGS › Section 17-2032-43 - Agenda

Current through June, 2024
Staff shall prepare the agenda for the meetings of the
					 resident advisory board, as directed by the chairperson. The agenda shall
					 include items related to the authority's public housing agency plan and
					 recommendations of the resident advisory board. The agenda should not include
					 matters that are personal in nature, related to a specific tenant's housing
					 status or not governed by the author!tv's public housing agency
					 plan.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 4 - RESIDENT ADVISORY BOARD MEETINGS › Section 17-2032-44 - Notice

Current through June, 2024
Staff shall provide notice of the meetings of the resident
					 advisory board pursuant to the requirements of section
					 92-7,
					 HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 4 - RESIDENT ADVISORY BOARD MEETINGS › Section 17-2032-46 - Quorum and number of votes necessary for action

Current through June, 2024
Fifty-one percent of the resident members of the resident
					 advisory board shall constitute a quorum. The affirmative vote of at least
					 fifty-one percent of the resident members present shall determine any
					 action.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 4 - RESIDENT ADVISORY BOARD MEETINGS › Section 17-2032-47 - Disqualification of member of resident advisory board

Current through June, 2024
No matter shall be heard by or voted on by a member of the
					 resident advisory board who:
(1) Has
				  any pecuniary interest in the matter to be decided; or
(2) Is related within the third degree by
				  blood or marriage to any party to the proceeding.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 5 - PROCEEDINGS BEFORE THE RESIDENT ADVISORY BOARD › Section 17-2032-51 - General rule

Current through June, 2024
All persons and parties shall comply with these rules when
					 appearing before the resident advisory board. Robert's Rule of Order shall
					 prevail in all proceedings.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 6 - RECOMMENDATION OF NOMINEES TO SERVE AS A PUBLIC RESIDENT MEMBER OF THE AUTHORITY BOARD OF DIRECTORS › Section 17-2032-61 - Nominees for public resident member for the authority's board of directors

Current through June, 2024
(a) Nominees for the public resident member
				  of the board of directors of the authority shall be a household member of a
				  federal public housing project or tenant-based section 8 recipient who is
				  eighteen years of age or older, whose name appears on the rental agreement, and
				  is in compliance with the rental agreement.
(b) The resident advisory board shall select
				  no less than three and no more than five nominees for the public resident
				  member of the authority's board of directors at a public meeting.
(c) The authority shall send to all resident
				  councils notice of the public meeting, at least twenty-one days prior to the
				  meeting at which the selection will be made.
(d) Any person who is directly assisted by
				  the authority under the federal public housing or section 8 tenant-based
				  program, and who is at least eighteen years of age and is an authorized member
				  of an assisted household, may submit a nominee for the public resident member
				  of the board of directors of the authority to the Governor for
				  consideration.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 6 - RECOMMENDATION OF NOMINEES TO SERVE AS A PUBLIC RESIDENT MEMBER OF THE AUTHORITY BOARD OF DIRECTORS › Section 17-2032-62 - Recommendation of the resident advisory board

Current through June, 2024
The resident advisory board shall submit to the authority
					 a list of no less than three and no more than five nominees. The governor may
					 select and appoint one of the nominees as the public resident member from the
					 list of no more than five nominees so submitted.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 7 - RECORDS AND FEES › Section 17-2032-71 - Retention of documents

Current through June, 2024
All documents filed with the resident advisory board shall
					 be retained by the authority in its files. The authority may permit the
					 withdrawal of original documents upon submission of properly authenticated
					 copies to replace the original documents.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 7 - RECORDS AND FEES › Section 17-2032-72 - Access to resident advisory board records

Current through June, 2024
(a) All government
				  records of the resident advisory board shall be open for inspection in the
				  principal office of the authority during established business hours, unless
				  access to such records is restricted or closed by law.
(b) A request for access to or copies of
				  government records shall be made in writing to the executive director and shall
				  include a clear and concise description of the records sought. All such
				  requests must be signed by the requesting party or the party's authorized
				  representative.
(c) The authority
				  shall not be required to prepare a compilation or summary of its records in
				  response to a request for records.
(d) Copies of the government records shall be
				  available in accordance with (b) above, with payment of the reasonable costs of
				  reproduction as set forth in section
				  92-21,
				  HRS, and a fee for searching, reviewing, or segregating the records set forth
				  in office of information practices, Hawaii administrative rules, chapter
				  5-43. Reasonable costs of reproduction
				  shall include, but are not limited to, actual time for reproduction, material
				  costs, including electricity cost, equipment and equipment rental costs, costs
				  for certification and labor costs for monitoring the public inspection of the
				  records to prevent theft, loss, defacement, or alteration of the records.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 7 - RECORDS AND FEES › Section 17-2032-73 - Limitation on access to resident advisory board records

Current through June, 2024
Access to resident advisory board records are subject to
					 the limitations set forth in section
					 92F-13,
					 HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2032 - RESIDENT ADVISORY BOARD › Subchapter 7 - RECORDS AND FEES › Section 17-2032-75 - Severability

Current through June, 2024
If any rule of the resident advisory board is found in
					 whole or in part by a court of competent jurisdiction to be invalid under law,
					 such finding shall not affect the remaining rules or any part
					 therein.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2033-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, HRS, and shall govern the
					 requirements for participation by eligible families and housing owners in the
					 rent supplement program as administered by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2033-3 - 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 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2033-4 - 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 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2033-5 - 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 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2033-6 - 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", dated August 27, 1999,
					 located at the end of this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2033-11 - Application

Current through June, 2024
(a) A person seeking to participate in the
				  program shall submit a completed application form, provided by the authority.
				  The form shall include, but not be limited to, information relating to
				  household income, household composition, social security number or a
				  certification that the member does not have a social security number for each
				  household member, evidence of citizenship or eligible immigrant status as
				  provided under 24 C.F.R.
				  §
											5.508, as it existed on April 7, 2016,
				  for each household member, financial condition, and other program information
				  necessary to determine eligibility and program demographics.
(b) The applicant 'shall be placed on a
				  waiting list upon submission of a completed application form. Placement on a
				  waiting list shall not be deemed a determination on eligibility or
				  admission.
(c) An applicant who has
				  misrepresented material information or has willfully withheld important
				  information on the application form submitted to the authority shall not be
				  eligible to file an application with the authority for twelve months from the
				  date of written notification from the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2033-12 - Verification

Current through June, 2024
Applicants and tenants in the program shall provide, prior
					 to admission or as the authority may require, documentation setting forth
					 information concerning household income, household composition, social security
					 number or a certification that the member does not have a social security
					 number for each household member, evidence of citizenship or eligible immigrant
					 status as provided under 24
					 C.F.R. §
											5.508, as it existed on April
					 7, 2016, for each household member, financial condition or other information as
					 may be requested.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 3 - TENANT SELECTION › Section 17-2033-21 - 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, gender identity, sexual
				  orientation, handicap or disability or HIV infection.
(b) The authority shall comply with state and
				  federal 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 the United States Department of Housing
				  and Urban Development discrimination complaint form and information on how to
				  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 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 3 - TENANT SELECTION › Section 17-2033-22 - Waiting list

Current through June, 2024
(a) The authority shall maintain a statewide
				  waiting list of applicants who may be eligible to obtain a certification of
				  rent supplement eligibility and may establish multiple waiting lists as
				  necessary to comply with special criteria established by statute or
				  appropriation set aside requirements.
(b) Placement of applicants on the waiting
				  list shall be based upon the following:
(1)
				  Applicable preference, if any; and
(2) Date and time of application's
				  receipt.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 3 - TENANT SELECTION › Section 17-2033-23 - Preference

Current through June, 2024
(a) Participation in the program shall be
				  determined by the date of application except for those displaced by a
				  governmental action and not due to tenant's actions, who will be given
				  preference.
(b) The authority shall
				  implement additional preferences when required by statute or appropriation set
				  aside requirements.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 3 - TENANT SELECTION › Section 17-2033-24 - Removal from waiting list

Current through June, 2024
An applicant shall be removed from the waiting list for
					 one of the following reasons:
(1) The
				  applicant requests that the applicant's name be removed;
(2) The applicant fails to notify the
				  authority of the applicant's continued interest for housing at least once every
				  twelve months;
(3) The applicant no
				  longer meets the eligibility criteria set forth in section
				  17-2033-13;
(4) The applicant fails to respond to the
				  authority's reasonable efforts such as correspondence to the last known address
				  to contact them;
(5) The applicant
				  fails without good cause to keep a scheduled interview or to provide requested
				  information necessary to determine eligibility; or
(6) An applicant who has misrepresented
				  material information or has willfully withheld important information from the
				  authority shall be removed from the waiting list for twelve months.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 3 - TENANT SELECTION › Section 17-2033-25 - Ineligible applicant

Current through June, 2024
An applicant determined to be ineligible for participation
					 in the program shall be notified in writing of the denial or termination and
					 the reasons thereof by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 3 - TENANT SELECTION › Section 17-2033-26 - Closing the waiting list

Current through June, 2024
(a) The authority,
				  at its discretion, may restrict or refuse acceptance of applications to the
				  waiting list, when it determines that it is unable to assist applicants on the
				  waiting list within a reasonable period of time.
(b) The authority shall publicly announce any
				  closure and reopening of the application process.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 4 - RENT › Section 17-2033-31 - Rent supplement payments

Current through June, 2024
(a) The authority
				  shall pay directly to the housing owner, or authorized representative, on
				  behalf of a tenant, a monthly amount which is the difference between the
				  established monthly rent for the tenant's dwelling unit and the tenant's
				  allocable share of rent as established in section
				  17-2033-32; provided that the
				  authority shall not make any monthly payments that exceed $500 on behalf of any
				  tenant.
(b) Rent supplement
				  payments will be made on behalf of a tenant for the period that the rental unit
				  is occupied and as long as the family is in compliance with the program's
				  obligations.
(c) If the tenant
				  vacates the dwelling unit without proper notice, rent supplement payments will
				  be continued to the time that the rental agreement could legally be terminated
				  or to the date that the unit is re-rented, or to the last day of the month that
				  the tenant vacated the unit and rent supplement payment was already made,
				  whichever comes first.
(d) The
				  maximum allowable monthly rent supplement payment may be reduced below $500 as
				  detailed in section 17-2033-44.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 4 - RENT › Section 17-2033-32 - Rent calculation

Current through June, 2024
(a) Effective April
				  1, 2001, the tenant's allocable share of monthly rent shall be determined by
				  subtracting $100 per minor child from the household income; multiplied by
				  thirty per cent; divided by twelve and rounded to the closest dollar amount.
Example: tenant's household income = $15,000
number of minor children = 2
$15, 000 (household income)
- $ 200 (less $100 for each minor)
$14,800
X 30%
$ 4,440
÷ 12
$ 370 tenant's allowable share of monthly
					 rent
(b) The tenant shall
				  pay to the landlord the allocable share of monthly rent as determined in
				  subsection (a).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 4 - RENT › Section 17-2033-33 - Reexamination

Current through June, 2024
(a) The authority shall review the
				  household's income, household composition and any other related matter to
				  adjust, if necessary, the tenant's allocable share of monthly rent and the
				  authority's rent supplement payment.
(b) A non-elderly household shall be
				  reexamined at least once every twelve months.
(c) An elderly household shall be reexamined
				  at least once every twenty-four months.
(d) If at the time of admission or annual
				  reexamination, a household's income cannot be reasonably determined for the
				  next twelve months, a six month reexamination may be scheduled.
(e) The tenant's allocable share of monthly
				  rent shall be adjusted between reexaminations when a person with income is
				  added to the household or retroactive to the date the income is effective. The
				  adjustment shall be effective on the first day of the second month following
				  the approved inclusion.
(f)
				  Reexamination shall be performed either in-person or via mail.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 4 - RENT › Section 17-2033-34 - Security deposits

Current through June, 2024
No portion of the rent supplement payments by the authority
					 shall be applied or allocated to any security deposit demanded by a housing
					 owner. The authority shall not be responsible for nor be required to pay a
					 housing owner for the security deposit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 5 - RENT SUPPLEMENT AGREEMENTS › Section 17-2033-41 - Rent supplement agreement - housing owners

Current through June, 2024
(a) A rent
				  supplement agreement, used by the authority, shall be executed between the
				  authority and housing owners who rent dwelling units to tenants of the program.
				  The form shall include, but not be limited to, an acknowledgment of the rental
				  agreement between the owner and participant, the amount of rent and
				  supplemental assistance, date that payment is due, to whom payment is to be
				  made and the owner's and authority's responsibilities.
(b) Amendments to the rent supplement
				  agreement shall be in writing, and approved by the authority and the housing
				  owner.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 5 - RENT SUPPLEMENT AGREEMENTS › Section 17-2033-42 - Rent supplement agreement - tenants

Current through June, 2024
(a) The head(s) of
				  household of a tenant household shall execute a rent supplement agreement, used
				  by the authority prior to participating in the program. The form shall include,
				  but not be limited to, an acknowledgment of an agreement between the tenant and
				  the authority, the rent and amount of supplemental assistance and the
				  participant's and authority, responsibilities.
(b) The rent supplement agreement between the
				  authority and tenant shall set forth the conditions of participation in the
				  program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 5 - RENT SUPPLEMENT AGREEMENTS › Section 17-2033-43 - Authority's responsibility

Current through June, 2024
Other than the agreed-to rent supplement for the monthly
					 rent, the authority shall not be held responsible to the housing owner for any
					 portion of the tenant's allocable share of the rent, or be held responsible to
					 the housing owner or tenant for any damages, breakage, or losses to the
					 dwelling unit or any portion thereof, or to the furnishings, fixtures, and
					 appliances where the same may have been caused by the tenant, housing owner or
					 other causes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 5 - RENT SUPPLEMENT AGREEMENTS › Section 17-2033-44 - Rent supplement agreement - termination

Current through June, 2024
(a) A tenant
				  shall give the authority at least thirty days written notice prior to the date
				  that the tenant will withdraw from participation in the program.
(b) The authority may terminate a tenant's
				  participation in the program when a tenant has:
(1) Established a pattern of late rent
				  payments or is chronically delinquent with rent payments;
(2) Submitted false or misleading information
				  or willfully withheld important information from the authority;
(3) Violated any provision of the rules or
				  chapter 356D, HRS, as
				  related to this program;
(4) Had
				  the rental agreement terminated by the housing owner; or
(5) Transferred without prior approval to a
				  dwelling unit of same or higher rent that does not meet the authority's
				  occupancy standards.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 6 - QUALIFIED HOUSING DWELLING UNIT › Section 17-2033-51 - Eligibility for shared housing

Current through June, 2024
The following criteria shall apply for participation in
					 shared housing:
(1) Eligibility
				  requirements established in section
				  17-2033-13 shall apply;
(2) Preference provisions established in
				  section 17-2033-23 shall apply;
(3) Two or more related or unrelated families
				  may occupy a housing unit, provided that occupancy is in compliance with
				  exhibit A, entitled Occupancy Standards], dated August 27, 1999, located at the
				  end of this chapter;
(4) Except for
				  a studio and a one bedroom unit, a participant and an unassisted person or
				  household, which may include the housing owner, may reside in a shared housing
				  unit;
(5) Two or more participant
				  families may reside in a shared housing unit; and
(6) A housing owner who resides in the shared
				  housing unit may not be related to the participant.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 6 - QUALIFIED HOUSING DWELLING UNIT › Section 17-2033-52 - Eligible dwelling units

Current through June, 2024
(a) An acceptable
				  dwelling unit for shared housing is the same as defined in section
				  17-3022-2 with the following
				  exceptions:
(1) Common space areas may be
				  shared by all individuals and families living in the shared housing
				  unit;
(2) Separate private bedrooms
				  that are adequate in size for the participant's household size shall be
				  available; and
(3) Areas,
				  traditionally not designated for sleeping purposes, including but not limited
				  to the bathroom(s), kitchen, dining room, utility room, and patio, shall be
				  used as common areas unless mutually deemed by occupants of the dwelling unit
				  to be exclusive use of an individual or household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 6 - QUALIFIED HOUSING DWELLING UNIT › Section 17-2033-53 - Allocable share of rent

Current through June, 2024
The allocable share of the dwelling unit rent shall be a
					 prorated amount that is equitable and acceptable to the authority, the owner,
					 and the participant.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 6 - QUALIFIED HOUSING DWELLING UNIT › Section 17-2033-54 - Shared housing addendum

Current through June, 2024
An addendum to the rent supplement agreements for the
					 housing owner and tenant, setting forth the conditions for shared housing,
					 shall be executed by the housing owner, participant and
					 authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 7 - MISCELLANEOUS PROVISIONS › Section 17-2033-61 - Severability

Current through June, 2024
If any part, section, sentence, clause, or phrase of this
					 chapter, or its application to any person or transaction or other circumstances
					 is for any reason held to be unconstitutional or invalid, the remaining parts,
					 sections, sentences, clauses, and phrases of this chapter, or the application
					 of this chapter to other persons or transactions or circumstances shall not be
					 affected.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 7 - MISCELLANEOUS PROVISIONS › Exhibit A - OCCUPANCY STANDARDS

Current through June, 2024
August 27, 1999
In determining the appropriate dwelling unit size for
					 assistance, the following criteria shall be applied:
1. The smallest unit suitable for the
				  household's shall be considered and each bedroom shall be occupied by at least
				  one person.
2. The dwelling unit
				  shall permit up to the maximum number of persons to occupy the unit in
				  accordance with prevailing zoning, and county building, health, and fire
				  codes.
3. Every member of the
				  household, 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. Children
				  who are in the process of being adopted, or whose legal custody is being
				  obtained by a household, will be included as members of the household for the
				  purposes of determining unit size.
5. A foster child shall be included in
				  determining unit size only if the child will remain in the unit for more than
				  six months.
6. Persons of different
				  generations, persons of opposite sex (other than spouses) over the age of five,
				  and unrelated adults may be allocated separate bedrooms.
7. A live-in attendant may be provided a
				  separate bedroom; however, no additional bedrooms will be provided for the
				  attendant's household.
8. A person
				  with a valid medical ailment may be allowed a separate bedroom, provided the
				  necessity for the separate bedroom is verified by a signed statement from a
				  medical doctor and other supporting data.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2033 - RENT SUPPLEMENT PROGRAM › Subchapter 7 - MISCELLANEOUS PROVISIONS › Exhibit B - Insufficient Funds - Reduction, Proration, and Suspension: Sample Calculations

Current through June, 2024
August 1, 2018
Tenant's Household Income = $20,000
Tenant's Monthly Rent = $1,200
Tenant's household size = 3 (includes one minor
					 child)
$20,100 (household income)
$100 ($100 deduction for each minor child)
$20,000
X 30%
$ 6,000
- 12
$ 500 Tenant's allocable share of monthly rent, provided
					 that the authority shall not make any monthly payments that exceed $500
Since the maximum allowable monthly Rent Supplement by HPHA
					 = $500, the tenant must pay the remaining rent owed.
$1,200 (Tenant's monthly rent)
- $ 500 (HPHA maximum monthly rent supplement)
$ 700 (Tenant's monthly rent obligation)
1. Reduction of Maximum Supplement from $500
				  to $400 If sufficient funds are not available, the HPHA will reduce the maximum
				  rent supplement payment from $500 to $400 per month for one or more months.
$1,200 (Tenant's monthly rent)
- $ 400 (Maximum rent supplement reduction)
$ 800 (Tenant's new allocable share of monthly rent after
					 maximum supplement reduction)
2. Proration.
If sufficient funds are still not available after the
					 reduction of the maximum rent supplement described above, the HPHA will
					 establish a proration percentage. In this example, the proration percentage
					 used is 25%. Tenant would receive 75% of allocable rent supplement
$ 400 (Tenant's monthly rent supplement)
- $ 100 (25% proration deduction)
$ 300 (Tenant's post-proration monthly rent
					 supplement)
$1,200 (monthly rent)
- $ 300 (Tenant's new monthly rent supplement)
$ 900 (Tenant's new allocable share of monthly rent after
					 proration)
3. Suspension
If sufficient funds are not available after the reduction
					 of the maximum rent supplement described above and the HPHA determines that the
					 proration percentage is 50% or more, the HPHA will suspend the Rent Supplement
					 Program for one or more months.
Determined proration percentage = 55%
$ 400 (Tenant's monthly rent supplement)
- $ 220 (55% proration deduction)
$ 180 (New allocable share of monthly rent
					 supplement)
Suspension of program. Reduction of monthly rent supplement
					 exceeds 50% of allocable share.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2036-1 - Purpose

Current through June, 2024
These rules govern the requirements for participation by
					 eligible families in the section 8 homeownership option program administered by
					 the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2036-3 - 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, gender identity, sexual
				  orientation, handicap or disability or HIV infection.
(b) The authority shall comply with state and
				  federal 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 the United States Department of Housing
				  and Urban Development discrimination complaint form and information on how to
				  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 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2036-4 - Verification of information

Current through June, 2024
(a) The authority
				  shall require an applicant or participant to provide documentation to verify
				  information required to be provided by the family relating to the Program.
(b) An applicant or participant
				  who fails to provide documentation to verify information requested by staff
				  shall be ineligible for participation in the Program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-21 - Applications

Current through June, 2024
(a) A family seeking to participate in the
				  Program shall submit a completed application form The applicant form shall be
				  provided by the authority The applicant is permitted to file an application by
				  mailing to or by submitting in person to any of the authority's applications
				  offices.
(b) The initial
				  application review shall not require an interview Only applicants who are
				  determined eligible in the initial review shall be placed on the waiting list A
				  final eligibility review may be conducted when the applicant reaches the top of
				  the waiting list.
(c) An applicant
				  who has misrepresented material information may not be eligible to apply to and
				  participate in the Program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-22 - Eligibility for admission; initial requirements

Current through June, 2024
(a) To be
				  eligible for admission in the Program, an applicant shall meet the following
				  qualification requirements:
(1) Has been
				  admitted to the section 8 housing choice voucher program;
(2) Is in compliance with the terms of the
				  lease and the section 8 housing choice voucher program;
(3) Satisfies the first-time homeowner
				  requirements set forth in section 17-2036-23;
(4) Satisfies the minimum income requirements
				  set forth in section 17-2036-24;
(5) Satisfies the employment requirements set
				  forth in section 17-2036-25;
(6)
				  Has pre-qualified for a loan;
(7)
				  Has not defaulted on a mortgage securing debt to purchase a home under the
				  Program;
(8) Except for cooperative
				  members who have acquired cooperative membership shares prior to commencement
				  of homeownership assistance, has no present ownership interest in a residence
				  at the commencement of homeownership assistance for the purchase of a
				  home;
(9) Except for cooperative
				  members who have acquired cooperative membership shares prior to the
				  commencement of homeownership assistance, has entered a contract of sale in
				  accordance with section 17-2036-41;
(10) Satisfies any other initial requirements
				  as determined by the authority and set forth in the PHA section 8
				  administrative plan; and
(11) Not
				  engage in or threaten abusive or violent behavior toward the authority's staff.
				  For purposes of this subsection, "threaten" means an oral or written threat or
				  physical gestures that communicate intent to abuse or commit violence. Abusive
				  or violent behavior may be verbal or physical and include racial epithets, or
				  other language, written or oral, that is customarily used to insult or
				  intimidate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-23 - First-time homeowner requirements

Current through June, 2024
At commencement of homeownership assistance, the
					 participant shall be:
(1) A first-time
				  homeowner;
(2) A cooperative
				  member; or
(3) A family of which a
				  family member is a person with disabilities and use of the homeownership option
				  is needed as a reasonable accommodation so that the Program is readily
				  accessible to and usable by such person.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-24 - Minimum income requirements

Current through June, 2024
(a) At commencement
				  of homeownership assistance, the participant shall demonstrate that the annual
				  income, as determined by the authority, of the adult family members who will
				  own the home at commencement of homeownership assistance is not less than:
(1) In the case of a disabled family, the
				  monthly federal supplemental security income (SSI) benefit for an individual
				  living alone or paying his or her share of food and housing costs multiplied by
				  twelve; or
(2) In the case of other
				  families, the federal minimum hourly wage multiplied by 2,000 hours
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-25 - Employment requirements

Current through June, 2024
violent criminal activity pursuant to chapter applicant
					 shall demonstrate that one or more adult members of the family who will own the
					 home at commencement of homeownership assistance meets the following employment
					 requirements:
(1) Is currently
				  employed on a full-time basis, with an average of not less than thirty hours
				  per week; and
(2) Has been
				  continuously so employed during the year before commencement of homeownership
				  assistance for the family.
(b) The following
				  shall be exempt from the employment requirements:
(1) An elderly family;
(2) A disabled family; or
(3) A family that includes a person with
				  disabilities and the authority has determined that an exemption is needed as a
				  reasonable accommodation so that the Program is readily accessible to and
				  usable by " persons with disabilities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-26 - Dwelling unit requirements

Current through June, 2024
(a) The dwelling
				  unit shall satisfy the following dwelling unit requirements:
(1) The unit is eligible;
(2) The unit was either under construction or
				  already existing at the time the authority determined that the family was
				  eligible for homeownership assistance to purchase the unit ;
(3) The unit is either a single family
				  dwelling unit or single dwelling unit in a cooperative or
				  condominium;
(4) The unit was
				  inspected by the authority and by an independent inspector designated and paid
				  for by the family; and
(5) The unit
				  satisfies the housing quality standards
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-27 - Notification of eligibility

Current through June, 2024
(a) An applicant
				  shall be mailed a written notification after an eligibility determination is
				  made The notification shall specifically state the reasons for the
				  determination.
(b) An eligible
				  applicant shall be issued a certification of section 8 homeownership
				  eligibility.
(c) In the event the
				  authority has issued all of the section 8 homeownership eligibility
				  certifications, eligible applicants shall be placed on the waiting
				  list.
(d) An applicant determined
				  to be ineligible for admission or participation in the Program shall be
				  afforded an opportunity to request an informal review as set forth in chapter
				  17-2036, Hawaii Administrative Rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-28 - Preferences

Current through June, 2024
(a) Eligible applicants shall be given
				  preference for certification in the Program in the order of the dates of their
				  applications if, at the time they are seeking housing assistance, they fall
				  within the following preference categories:
(1) Completed or enrolled in and in full
				  compliance with the authority's family self-sufficiency program; or
(2) Enrolled and in full compliance with the
				  authority's welfare to work program or other self-suffiency program approved by
				  the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-29 - Waiting list

Current through June, 2024
(a) The authority shall maintain a statewide
				  waiting list of applicants who are eligible to obtain a certification of
				  section 8 homeownership eligibility.
(b) All recipients of section 8 housing
				  choice voucher assistance administered by the authority shall be notified of
				  the opportunity to apply for assistance under the Program.
(c) Placement of applicants on the waiting
				  list shall be based upon the following:
(1)
				  Applicable preference; and
(2) Date
				  and time of application's receipt.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-30 - 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 fails to notify the
				  authority of applicant's continued interest for housing assistance at least
				  once every twelve months;
(3) The
				  applicant no longer meets the eligibility criteria set forth in section
				  17-2036-22;
(4) The applicant fails
				  to respond to the authority's reasonable contact efforts Two written 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 a certification of section 8 homeownership eligibility;
				  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 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-31 - Closing and reopening the waiting list

Current through June, 2024
(a) The authority
				  may suspend the acceptance of applications and close the waiting list when the
				  authority determines that there are enough applicants on the waiting list to
				  fill anticipated openings over a reasonable time period.
(b) The authority may publicly announce any
				  closure and reopening of the taking of applications pursuant to section
				  17-2036-21 If the list is opened for only a limited time, the opening
				  announcement shall include the closing date and not require further notice. The
				  announcement may include, but is not limited to, publishing notices in a
				  newspaper of general circulation, notifying social service organizations, or
				  posting on the authority's website.
(c) During periods when the waiting list is
				  closed, the authority is not required to maintain a list of persons to be
				  notified when application taking is reopened.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-32 - Final application process-selection and certification

Current through June, 2024
(a) Selection for certification shall be from
				  the established waiting list and shall be based on the following:
(1) Applicable local preferences;
				  and
(2) Date and time of receipt of
				  application
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2036-33 - 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 housing payment standard 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.
(c) The participant shall be notified in
				  writing by the authority of the results of any reexamination within a
				  reasonable time.