reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 3 - TENANT SELECTION › Section 17-2028-34 - Local preferences

Current through June, 2024
(a) Subject to
				  section 17-2028-33(c),
				  eligible applicants shall be given preference for admission in the program in
				  the applicable order assigned during random selection of the lottery if, at the
				  time they are seeking housing assistance, they fall within the following
				  preference priority groups:
(1) Involuntarily
				  displaced;
(2) Victims of domestic
				  violence who are participating in a program with case management through a
				  domestic violence shelter, program, or clearinghouse; or
(3) Homeless persons who are participating in
				  a federally or state funded homeless transitional shelter or program, and who
				  are in compliance with a social service plan.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 3 - TENANT SELECTION › Section 17-2028-35 - Loss of preference

Current through June, 2024
An applicant who declines one offer of a dwelling unit,
					 without good cause, or who voluntarily requests cancellation of the
					 application, shall lose all preferences for a period of twelve months from the
					 date the offer was declined or from the date of the request for
					 cancellation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 3 - TENANT SELECTION › Section 17-2028-36 - Waiting list

Current through June, 2024
(a) The authority shall maintain fifteen
				  geographical waiting lists, which are community wide in scope and consist of
				  all eligible applicants as follows:
(1) City
				  and County of Honolulu
(A) Honolulu waiting
				  list, which is comprised of Ka'ahumanu Homes, Kalakaua Homes, Kalihi Valley
				  Homes, Kamehameha Homes, Kuhio Homes, Mayor Wright Homes, Palolo Valley Homes,
				  Punchbowl Homes, Pu'uwai Momi, Salt Lake Apartments, Spencer House, Kalanihuia,
				  Makamae, Makua Ali'i, Paoakalani, and Pumehana;
(B) Central Oahu waitlist, which is comprised
				  of Kauhale Nani, Wahiawa Terrace, and Kupuna Home O'Waialua;
(C) Windward Oahu waitlist which is comprised
				  of Ho'okipa Kahalu'u, Kaneohe Apartments, Kauhale O'hana, Ko'olau Village, and
				  Waimanalo Homes; and
(D) Leeward
				  Oahu waitlist, which is comprised of Hale Laulima, Kau'iokalani, Maili I &
				  II, Nanakuli Homes, Waimaha - Sunflower, and Waipahu I & II.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 3 - TENANT SELECTION › Section 17-2028-37 - Removal from waiting list

Current through June, 2024
An applicant shall not be removed from the waiting list
					 unless:
(a) The applicant requests
				  that applicant's name be removed;
(b) The applicant fails to notify the
				  authority of applicant's continued interest for housing at least once every
				  twelve months;
(c) The applicant no
				  longer meets the eligibility criteria set forth in section
				  17-2028-22;
(d) The applicant fails to respond to the
				  authority's reasonable contact efforts. Correspondence to either the last known
				  address or last known email address will constitute reasonable effort to
				  contact;
(e) The applicant fails
				  without good cause to keep a scheduled interview or to provide requested
				  information necessary to determine eligibility. Good cause may include, but is
				  not limited to, the following:
(1) The
				  applicant is unable to obtain transportation or childcare and notified the
				  authority prior to the start of the scheduled interview;
(2) The applicant is sick and requests to
				  reschedule the interview prior to the start of the scheduled interview;
				  or
(3) A court verifies that the
				  applicant is serving on a jury which has been sequestered;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 3 - TENANT SELECTION › Section 17-2028-38 - Closing the waiting list

Current through June, 2024
(a) The authority,
				  at its discretion, may restrict acceptance of applications, and close the
				  waiting list in whole or in part, when it determines that it will be unable to
				  assist all the applicants on the waiting list within a reasonable period of
				  time.
(b) The authority shall
				  announce any closure and reopening of the application process through notices
				  posted in a conspicuous place at the authority's offices that accept
				  applications and on the authority's website.
(c) During periods when application
				  acceptance is closed and until it is reopened, the authority shall not maintain
				  a list of persons to be notified when application acceptance is
				  reopened.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 3 - TENANT SELECTION › Section 17-2028-39 - Offers

Current through June, 2024
(a) An applicant shall be afforded one offer
				  to rent a suitable dwelling unit.
(b) The offer to eligible applicants shall be
				  made in sequence based upon the following:
(1) Size of dwelling unit required;
(2) Type of dwelling unit required (e.g.,
				  accessible dwelling units for the mobility, hearing or visually
				  impaired);
(3) Local preferences,
				  subject to income targeting and deconcentration policies and goals;
				  and
(4) Date and time the
				  application was received; or
(5)
				  Lottery selection, so long as all adopted preferences are considered.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 3 - TENANT SELECTION › Section 17-2028-40 - Occupancy of accessible dwelling units

Current through June, 2024
(a) The authority
				  shall take the following nondiscriminatory steps to maximize the utilization of
				  accessible dwelling units by eligible individuals whose disability requires the
				  accessibility features of the particular dwelling unit. When an accessible
				  dwelling unit becomes vacant the authority shall, before offering such dwelling
				  units to an applicant without a disability, offer such dwelling unit:
(1) First, to a current occupant of another
				  dwelling unit of the same project or other projects within the same housing
				  program, having disabilities requiring the accessibility features of the vacant
				  dwelling unit and occupying a dwelling unit not having such features, or, if no
				  such occupant exists, then
(2) To
				  an eligible qualified applicant on the waiting list having a disability
				  requiring the accessibility features of the vacant dwelling unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-51 - Rental agreement

Current through June, 2024
(a) A tenant shall
				  enter into a rental agreement with the authority that sets forth the conditions
				  of occupancy for the tenant including, but not limited to, the rental terms,
				  security deposit, smoking prohibitions, eligibility reexaminations and rental
				  adjustments, and for welfare recipients, authorization for the authority to
				  draw rental payments directly from their EBT or bank accounts.
(b) No tenant shall be permitted to remain in
				  a housing project without a valid rental agreement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-52 - Eligibility for continued occupancy

Current through June, 2024
(a) To be eligible
				  for continued occupancy in a housing project, the tenant shall:
(1) Qualify as a family;
(2) Conform to the occupancy
				  standards;
(3) Abide by smoking
				  prohibitions pursuant to section
				  17-2028-60;
(4) Not have a record of conduct or behavior
				  which may be detrimental to the project, its tenants, or employees of the
				  authority; and
(5) Except for an
				  exempt individual, conform to the following community service and economic
				  self-sufficiency requirements:
(A) Contribute
				  eight hours per month of community service (not including political
				  activities);
(B) Participate in an
				  economic self-sufficiency program for eight hours per month; or
(C) Perform eight hours per month of combined
				  activities as described in paragraphs (A) and (B), above.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-53 - Reexamination

Current through June, 2024
(a) For families who pay an income-based
				  rent, the authority shall reexamine a tenant's annual income, assets, family
				  composition, and any other matter necessary to determine a tenant's rent and
				  eligibility for continued occupancy at least once every twelve
				  months.
(b) For families who pay a
				  flat rent pursuant to section
				  17-2028-62, the authority shall
				  conduct reexaminations as follows:
(1) At
				  least once every twelve months, the authority shall reexamine the family's
				  composition and any other matter necessary to determine the family's
				  eligibility for continued occupancy; and
(2) At least once every three years, the
				  authority shall reexamine the family's annual income, assets, and any other
				  matter necessary to determine the family's eligibility for continued
				  occupancy.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-54 - Reexamination results

Current through June, 2024
(a) A family shall
				  be given written notification within a reasonable time, after determination by
				  the staff, of both the family's eligibility for continued occupancy and rent
				  schedule.
(b) A family found
				  ineligible for continued occupancy by the staff shall be required to vacate the
				  dwelling unit unless the ineligibility is due to noncompliance with community
				  service requirements pursuant to 24 C.F.R. Part 960, Subpart F as it existed on
				  October 20, 2022. In such cases of noncompliance with community service
				  requirements, the rental agreement shall not be renewed at the end of the
				  twelve-month term unless:
(1) The tenant, and
				  any other noncompliant family member, enter into a written agreement with the
				  authority, in the form and manner required by the authority, to cure such
				  noncompliance in accordance with such agreement; or
(2) The family provides written assurance
				  satisfactory to the authority that the tenant or other noncompliant family
				  member no longer resides in the dwelling unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-55 - Special reexamination

Current through June, 2024
If at the time of admission or reexamination, a family's
					 income cannot be reasonably anticipated for the next twelve- period, the
					 authority may schedule a special reexamination at any time prior to the next
					 annual reexamination when deemed necessary.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-56 - Interim rent adjustment

Current through June, 2024
(a) The authority
				  may adjust a family's rent between reexamination if a tenant reports a change
				  in family income. However, adjustments to rent shall not be made for covered
				  families with reduced welfare benefit payments resulting from welfare sanctions
				  for noncompliance with welfare self-sufficiency and work activity requirements.
				  Adjustments, reflecting a lower rent, shall be made effective on the first of
				  the month following the month the report was made. The authority will not
				  process the rent adjustment if it confirms that the decrease in income will
				  last less than thirty calendar days.
(b) A tenant who has obtained a decrease in
				  rent under this section shall report all income increases to the authority
				  which occur prior to the next reexamination within ten business days of when
				  tenant knows the increase will occur, and rent shall be readjusted accordingly.
				  Any increase in rent shall be effective on the first day of the second month
				  following the month in which the change occurred.
(c) A tenant who fails to report any increase
				  in income after obtaining a decrease in rent under this section shall be
				  subject to a back rent charge retroactive to the month in which the rent
				  increase should have been made pursuant to section
				  17-2028-58.
(d) A tenant shall report to the authority
				  any changes in family composition. Rent adjustment shall be made between
				  reexaminations when a person with income is added to the family and the rent
				  adjustment shall be effective on the first of the second month following the
				  approved inclusion.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-57 - Tenant transfers

Current through June, 2024
(a) Tenant
				  transfers shall be made without regard to race, sex, color, creed, age,
				  religion, gender identity, sexual orientation, handicap, national origin, or
				  familial status.
(b) The authority
				  may transfer a family to another dwelling unit:
(1) To prevent overcrowding or
				  underutilization of a dwelling unit as determined by the authority at the time
				  of the annual or interim reexamination;
(2) To preserve the purpose for which a
				  project or dwelling unit was specifically developed or designed such as to meet
				  the needs of the elderly or persons with disabilities;
(3) Based on an emergency where conditions of
				  the dwelling unit, building or project pose an immediate, verifiable threat to
				  life, health, or safety of the family;
(4) For economic reasons affecting the tenant
				  or the authority;
(5) For
				  administrative reasons determined by the authority including, but not limited
				  to, permitting modernization, renovation, or rehabilitation work and
				  transferring eligible tenants with disabilities from State-aided public housing
				  projects to federally-assisted public housing projects; or
(6) As a reasonable accommodation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-58 - Back charges

Current through June, 2024
(a) A family shall
				  pay in full any back charges within ninety days from the date of notification
				  of the back charge; provided that where the family timely reports a change in
				  income to the authority and a back charge results from an increase in income,
				  payment for any back charges shall not be due until ninety days from the date
				  of a completed reexamination or interim rent adjustment. Failure to do so shall
				  result in the termination of the rental agreement.
(b) The authority may, in its discretion,
				  elect to negotiate a reasonable payment arrangement with a family to ensure
				  payment in full of any back charges. When the authority determines not to
				  exercise this discretion, the family shall be responsible for the full balance
				  of back charges as stated in subsection (a) above.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-59 - Rental agreement termination

Current through June, 2024
(a) A family shall
				  give the authority at least twenty-eight days written notice that the family
				  will vacate the family's dwelling unit prior to the vacate date.
(b) The authority may terminate a rental
				  agreement when the tenant, any member of the tenant's household, or any guest
				  or other person under the tenant's control:
(1) Fails to observe or perform any covenant
				  or obligation of the rental agreement, or rule of the authority or housing
				  project, or law or ordinance of a governmental agency that pertains to or
				  establishes standards of occupancy. This includes but is not limited to the
				  following:
(A) Serious or repeated violation
				  of the material terms of the rental agreement, including failure to make
				  payments due or fulfill household obligations set forth in the rental
				  agreement;
(B) Failure to provide
				  family income, assets, employment and composition information and documentation
				  to enable the authority to determine the family's rental rate and eligibility
				  for continued occupancy;
(C) Family
				  no longer conforms to the occupancy limits as established by the authority for
				  the dwelling unit occupied by the family and the family refuses to move to the
				  first appropriate size dwelling unit offered;
(D) When requested by the authority due to
				  health and safety, repair, abatement, construction or renovation of the
				  dwelling unit, the family refuses to move;
(E) Family is ineligible for continued
				  occupancy;
(F) Failure of a family
				  member to comply with community service requirement provisions of 24 C.F.R.
				  part 960, subpart F as it existed October 20, 2022, provided that such failure
				  shall result in non-renewal of rental agreement and termination of tenancy at
				  the end of the twelve-month rental agreement term;
(G) At the time of admission, reexamination,
				  interim or at any other time, the family has submitted false information or has
				  withheld valuable information or has made willful misstatements; and
(H) Family fails to accept the authority's
				  offer of a revision to the existing rental agreement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4 - OCCUPANCY AND RENTAL AGREEMENT › Section 17-2028-60 - Smoking prohibited

Current through June, 2024
(a) Smoking is
				  prohibited in all public housing projects, or portions of public housing
				  projects, including inside dwelling units, unless specifically exempted by the
				  authority in the ACOP, including:
(1) In all
				  common areas, community facilities, administrative offices, or maintenance
				  areas in and around the authority's public housing projects, including vehicles
				  owned or leased by the authority. The authority may designate additional common
				  areas; and
(2) Within a
				  presumptively reasonable minimum distance of twenty-five feet from entrances,
				  exits, and windows that open to common areas, community facilities, and
				  dwelling units, and ventilation intakes that serve common areas, community
				  facilities, and dwelling units, including enclosed or partially enclosed areas
				  where smoking is prohibited.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4.1 - OVER-INCOME FAMILIES › Section 17-2028-60.01 - Over-Income Limit

Current through June, 2024
(a) The authority
				  shall enforce an over-income limit for all program participants of 120 percent
				  of the area median income for the applicable family size.
(b) A public housing family with an annual
				  gross income that exceeds the over-income limit shall be considered an
				  "over-income family."
(c) The
				  authority shall grant an over-income family a 24 consecutive month grace
				  period, starting from the day of the initial discovery of the family's
				  over-income status, before it enforces the over-income policy set forth in
				  section 17-2028-60.02.
(d) During the grace period:
(1) An over-income family shall remain as
				  public housing participant; and
(2)
				  An over income family may request the authority perform a special reexamination
				  of its annual income pursuant to section
				  17-2028-55.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4.1 - OVER-INCOME FAMILIES › Section 17-2028-60.02 - Over-Income Policy

Current through June, 2024
(a) The authority
				  shall terminate an over-income family's tenancy if its annual gross income
				  exceeds the over-income limit for the entire 24 consecutive month grace
				  period.
(b) The termination of an
				  over-income family's tenancy shall occur within the six months following the
				  expiration of the grace period.
(c)
				  After the expiration of the grace period and prior to termination, the
				  over-income family shall:
(1) Remain as public
				  housing program participant;
(2)
				  Convert its lease to a month-to-month term;
(3) Continue to pay the monthly rent for the
				  dwelling unit; and
(4) Abide by all
				  program requirements, including the community service and self-sufficiency
				  requirements pursuant to 24 C.F.R. part 960, subpart F.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 4.1 - OVER-INCOME FAMILIES › Section 17-2028-60.03 - Notification of Over-Income Status

Current through June, 2024
(a) The authority
				  shall provide a family a notice in writing within 30 calendar days of the first
				  discovery of their over-income status. The first written notice shall:
(1) Notify the family of their over-income
				  status;
(2) State that by
				  continuing to exceed the over-income limit for a total of 24 consecutive
				  months, the family shall be subject to the over-income policy;
(3) State that during the grace period, the
				  family shall remain as public housing participants;
(4) Provide an explanation of the authority's
				  over-income policy set forth under section
				  17-2028-112; and
(5) State that the family may request a
				  grievance hearing to dispute the over-income finding.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 5 - RENTS, SECURITY DEPOSITS, AND OTHER CHARGES › Section 17-2028-61 - Minimum rents

Current through June, 2024
(a) There is
				  established a minimum rent of $50.00 per month.
(b) The authority shall grant an exemption
				  from payment of minimum rent if the family is unable to pay the minimum rent
				  because of financial hardship attributable only to the following situations:
(1) The family has lost eligibility for or is
				  awaiting an eligibility determination for a Federal, State, or local assistance
				  program;
(2) The family would be
				  evicted because it is unable to pay the minimum rent;
(3) The income of the family has decreased
				  because of changed circumstances, including loss of employment;
(4) A death has occurred in the family;
				  and
(5) Other circumstances
				  determined by the authority or HUD.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 5 - RENTS, SECURITY DEPOSITS, AND OTHER CHARGES › Section 17-2028-62 - Choice of rent

Current through June, 2024
Once a year, the authority shall give each family the
					 opportunity to choose between two methods of determining the monthly tenant
					 rent. The family may choose to pay either a flat rent or income-based
					 rent.
(a) The flat rent shall be the
				  fair market rents ("FMRs") that are determined by HUD, at least annually,
				  pursuant to 24 C.F.R. §
											888.113 as it existed on October 20, 2022.
				  These FMRs, which include utilities (exclusive of telephone and cable
				  television), are established for dwelling units of various bedroom sizes.
				  Because the FMRs are determined by HUD and the authority has no discretion to
				  amend or change the FMRs, the FMRs shall be established without a public
				  hearing as provided in Section
				  91-3(d),
				  HRS.
(b) The income-based rent is
				  based on thirty per cent of the family's monthly adjusted income or ten per
				  cent of the family's monthly income, or the minimum rent set forth in section
				  17-2028-61, whichever is greater.
(1) The income-based rent does not include
				  charges for excess utility consumption or other charges.
(2) The income-based rent shall not exceed
				  the total tenant payment pursuant to
				  24 C.F.R. §
												5.628 as it existed on October 20, 2022, for
				  the family minus any applicable utility allowance for tenant-paid utilities. If
				  the utility allowance exceeds the total tenant payment, the authority shall pay
				  such excess amount (the utility reimbursement) either to the family or directly
				  to the utility supplier to pay the utility bill on behalf of the family. If the
				  authority pays the utility supplier, the authority shall notify the family of
				  the amount of the utility reimbursement paid to the supplier.
(3) For purposes of establishing the
				  income-based rent, the authority shall exclude from annual income the earned
				  income of previously unemployed family members and increases in earnings of a
				  family member during participation in any economic self-sufficiency or other
				  job training program as provided for in
				  24 C.F.R. §
												960.255 as it existed on October 20, 2022 and
				  the PHA plan.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 5 - RENTS, SECURITY DEPOSITS, AND OTHER CHARGES › Section 17-2028-63 - Security deposits

Current through June, 2024
(a) Prior to
				  admission to a housing project, a family shall pay a security deposit in an
				  amount not to exceed one month's rent. The security deposit may be applied to
				  rent or used to repay charges owed to the authority upon the termination of the
				  rental agreement.
(b) The authority
				  may charge a non-refundable community facilities maintenance fee of not less
				  than one per cent of the community facilities expenses for rental and use for
				  private functions. Resident associations that are duly recognized by the
				  authority shall be exempt from the payment of this deposit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 5 - RENTS, SECURITY DEPOSITS, AND OTHER CHARGES › Section 17-2028-64 - Other Charges

Current through June, 2024
The authority may charge a family, in addition to monthly
					 rent and applicable utility charges, the following:
(a) A late fee of $25.00 if the monthly rent
				  is paid after the seventh business day of that month;
(b) A dishonored check fee of $25.00 for
				  every check made payable to the authority that is returned for insufficient
				  funds; and
(c) Maintenance costs
				  which includes repair costs related to damages to the dwelling unit or
				  appliances or equipment furnished by the authority, in excess of ordinary wear
				  and tear, and for any repairs to project buildings, facilities, or common areas
				  required because of the wrongful act or negligence of the family or the
				  family's guest or visitor.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 6 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2028-71 - Family self-sufficiency program

Current through June, 2024
The objective of the authority's family self-sufficiency
					 (FSS) program is to reduce the dependency of low-income families on welfare
					 assistance, section 8, public housing, or any federal, state, or local rent or
					 homeownership subsidies. Under the family self-sufficiency program, low-income
					 families are provided opportunities for education, job training, counseling,
					 and other forms of social service assistance, while living in assisted housing,
					 so that they may obtain the education, employment, and business and social
					 skills necessary to achieve self-sufficiency.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 6 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2028-72 - Eligibility

Current through June, 2024
(a) Tenants in the authority's federal public
				  housing program are eligible to participate in the family self-sufficiency
				  program.
(b) Preference shall be
				  given to applicants who already receive family self-sufficiency-related support
				  services for fifty per cent or less of the allocations.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 6 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2028-73 - Recruitment and outreach

Current through June, 2024
(a) The authority
				  shall conduct outreach programs to recruit participants for the family
				  self-sufficiency program.
(b)
				  Outreach efforts may include the following:
(1) Sending informational brochures to each
				  family participating in the authority federal public housing program;
(2) Conducting orientation sessions for
				  families who express an interest in participating in the family
				  self-sufficiency program; and
(3)
				  Identifying and targeting potential families in the authority's
				  caseloads.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 6 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2028-74 - Selection

Current through June, 2024
(a) Families will be selected without regard
				  to race, color, religion, sex, disability, gender identity, sexual orientation,
				  familial status, or national origin.
(b) Families will be selected by date of
				  receipt of the family self-sufficiency application.
(c) In the event there are more applicants
				  than family self-sufficiency allocations available, the authority shall conduct
				  a lottery to determine placement on the waiting list.
(d) Initially, up to twenty-five tenants may
				  be selected to participate in the family self-sufficiency program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 6 - FAMILY SELF-SUFFICIENCY PROGRAM › Section 17-2028-75 - Termination or withholding of service

Current through June, 2024
(a) The authority
				  shall monitor and assess the family self-sufficiency participant's progress and
				  compliance with the goals set forth in the contract of participation. When the
				  authority determines that the family self-sufficiency participant is not making
				  progress or complying with the goals of the contract of participation, the
				  authority shall notify the family self-sufficiency participant of such
				  determination and provide the family self-sufficiency participant six months to
				  demonstrate compliance with the plan of the contract of
				  participation.
(b) If no progress
				  has been made or the family self-sufficiency participant is still not complying
				  with the contract of participation after the six-month period, the authority
				  shall provide the family self-sufficiency participant with a written notice of
				  intent to terminate or withhold services and of the opportunity to request an
				  informal hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 7 - SPECIAL PROGRAMS › Section 17-2028-81 - Special programs

Current through June, 2024
The authority may administer programs that are created for
					 special or specific purposes to benefit specific categories of persons pursuant
					 to HUD regulations governing those programs. This may include selection from
					 wait lists and lists of participants using criteria that are different from
					 those provided in this chapter.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 7 - SPECIAL PROGRAMS › Section 17-2028-82 - Occupancy by police officers

Current through June, 2024
(a) For the purpose
				  of increasing security for tenants of a public housing project, the authority
				  may allow police officers that would not otherwise be eligible for occupancy in
				  public housing, to reside in a public housing dwelling unit.
(b) The authority shall include in the PHA
				  annual plan or supporting documents the number and location of the dwelling
				  units to be occupied by police officers, and the terms and conditions of their
				  tenancies; and a statement that such occupancy is needed to increase security
				  for public housing tenants.
(c)
				  Occupancy by police officers shall be carried out pursuant to
				  24 C.F.R. §
											960.505, as it existed on October 20,
				  2022.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 7 - SPECIAL PROGRAMS › Section 17-2028-83 - Designated housing

Current through June, 2024
(a) The authority
				  may designate public housing projects, or portions of public housing projects,
				  for occupancy by disabled families, elderly families, or mixed populations of
				  disabled and elderly families.
(b)
				  The authority shall designate public housing projects, or portions of public
				  housing projects in accordance with 24 C.F.R. Part 945 as it existed on October
				  20, 2022. The authority shall also include a description of the designation
				  activity in the PHA plan.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 8 - HOUSEHOLD PETS › Section 17-2028-91 - Pet ownership

Current through June, 2024
(a) The authority
				  may permit pet ownership by tenants of public housing, subject to compliance
				  with the authority's pet policy established in the PHA plan.
(b) This subchapter does not apply to animals
				  that assist, support, or provide service to persons with
				  disabilities.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 8 - HOUSEHOLD PETS › Section 17-2028-92 - Conditions for pet ownership

Current through June, 2024
(a) A tenant shall
				  comply with the authority's reasonable conditions for pet ownership that
				  include, but are not limited to, the following:
(1) Obtaining a permit from the authority to
				  own a pet pursuant to the requirements set forth in the authority's pet policy
				  established in the PHA plan; and
(2) Complying with the authority's rules for
				  pet ownership.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 9 - MISCELLANEOUS PROVISIONS › Section 17-2028-101 - 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 2028 - Federally-Assisted Public Housing Projects › Subchapter 9 - MISCELLANEOUS PROVISIONS › Section 17-2028-102 - Number and gender

Current through June, 2024
Words in the singular or plural number and masculine gender
					 shall have the same meaning as defined in section
					 1-17, HRS."
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 9 - MISCELLANEOUS PROVISIONS › Exhibit A - OCCUPANCY GUIDELINES

Current through June, 2024
The authority does not determine who shares a
					 bedroom/sleeping room, but there must be at least one person per bedroom. The
					 Occupancy Guidelines for determining dwelling unit size shall be applied in a
					 manner consistent with Fair Housing guidelines.
For occupancy guidelines, an adult is a person 18 years or
					 older.
All guidelines relate to the number of bedrooms in the
					 dwelling unit. Dwelling units will be so assigned that:
One bedroom will be generally assigned for every two family
					 members. The authority shall consider factors such as family characteristics
					 including sex, age, or relationship, the number of bedrooms and the size of
					 sleeping areas or bedrooms and the overall size of the dwelling unit.
					 Consideration shall also be given for medical reasons and the presence of a
					 live-in aide.
Single person families shall be allocated one
					 bedroom.
GUIDELINES FOR DETERMINING BEDROOM SIZE FOR WAIT
					 LIST
Bedroom Size
Persons in Household: (Minimum #)
Persons in Household: (Minimum #)
0 Bedroom
1
1
1 Bedroom
1
2
2 Bedrooms
2
4
3 Bedrooms
3
6
4 Bedrooms
4
8
5 Bedrooms
6
10
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2029-1 - Purpose

Current through June, 2024
These rules are adopted pursuant to chapters
					 91 and
					 92, HRS, and implement section
					 201G-452, HRS, and the following objectives:
(1) To govern the appeals procedure before
				  the housing and Community development Corporation of Hawaii; and
(2) To secure the just and efficient
				  determination of proceedings before the housing and Community development
				  Corporation of Hawaii.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2029-2 - Definitions

Current through June, 2024
Whenever used in this chapter, unless otherwise
					 specifically defined:
"Chairperson" means the duly elected chair of the
					 corporation or the chairperson's designated representative.
"Corporation" means the housing and Community development
					 corporation of Hawaii.
"Dependent" means a member of a household, other than the
					 head or spouse, who is related by blood or adoption and including foster
					 children and hanai children, who is under nineteen years of age, disabled, or
					 physically challenged.
"Executive director" means the executive director of the
					 corporation or the executive director's designated representative. .
"Government record" means information maintained by an
					 agency in written, auditory, Visual, electronic, or other physical form as
					 defined in section
					 92F-3,
					 HRS.
"Hanai child" means a person, under nineteen years of age,
					 for whom an applicant provides food, nourishment, and support and who is known
					 among friends, relatives, and the Community as the applicant's child.
"Hearings officer" means any person, duly appointed and
					 authorized by the corporation to hold a hearing for the purpose of taking
					 evidence or oral argument and making a recommended decision in any matter
					 before the corporation.
"HRS" means the Hawaii Revised Statutes.
"Party" means the corporation, if named, permitted, or
					 entitled as of right to participate in a , proceeding; each person named in a
					 proceeding; or any person permitted or entitled as of right to participate in a
					 proceeding before the corporation in the capacity of a petitioner, claimant,
					 respondent, intervenor, or in a capacity other than that of a witness.
"Person" means an individual, partnership, corporation,
					 association through a representative, or public or private Organization of any
					 character.
"Petition" means a written request to the corporation by a
					 party which seeks relief under these rules.
"Petitioner" means a party who initiates a
					 proceeding.
"Proceeding" refers to any matter brought before the
					 corporation for action following due consideration of the objectives, goals,
					 policies, and all related matters of the corporation.
"Respondent" means the party against whom a Petition is
					 filed, the party against whom relief is sought, or any party who contests or
					 controverts a proceeding.
"Rules" refers to adopted rules of each homeless program
					 pursuant to section 201G-452, HRS, administered by the
					 corporation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2029-3 - Submittal and filing of documents

Current through June, 2024
All documents and requests to the corporation of every
					 nature shall be in writing and addressed to the executive director, or the
					 chairperson, pursuant to section
					 17-2029-4.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2029-5 - Disqualification of member of corporation, executive director, or hearings officer

Current through June, 2024
No matter shall be heard by a member of the corporation,
					 by the executive director, or by a hearings officer who:
(1) Has any pecuniary interest in the matter
				  being heard; 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 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2029-6 - Access to corporation records

Current through June, 2024
(a) All government
				  records of the corporation must be open for inspection in the principal office
				  of the Corporation during established business hours, unless access to the
				  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 corporation
				  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 subsection (b), and payment of the reasonable
				  costs of reproduction set forth in section
				  92-21,
				  HRS, and the fee for searching, reviewing, or segregating the records set forth
				  in chapter
				  92F-42(13).
				  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 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 17-2029-7 - Limitation on access to Corporation records

Current through June, 2024
Access to Corporation records is subject to the
					 limitations set forth in section
					 92F-12,
					 HRS.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 2 - INFORMAL HEARINGS › Section 17-2029-20 - General rule

Current through June, 2024
(a) All persons and parties shall comply with
				  these rules of appeals procedure when appearing before the corporation. The
				  Corporation may waive, modify, or suspend any of the provisions of this chapter
				  to the extent permitted by law. All persons and parties shall have a reasonable
				  opportunity to present evidence and argument on all the issues
				  involved.
(b) The corporation may
				  request that the parties sign a waiver of confidentiality which would release
				  the corporation from Information made public through the hearing process.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 2 - INFORMAL HEARINGS › Section 17-2029-21 - Proceedings before the corporation

Current through June, 2024
(a) A party to a
				  proceeding before the corporation shall follow the rules pursuant to the
				  corporation's rules of practice and procedure.
(b) An appearance before the corporation may
				  be made by Speaker telephone, video teleconferencing, or other electronic
				  means, with the approval of the executive director or chairperson.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 2 - INFORMAL HEARINGS › Section 17-2029-22 - Request for informal hearing

Current through June, 2024
(a) Any party that
				  has been aggrieved by a decision rendered pursuant to a hearing at the provider
				  agency level may request an informal hearing before the executive director to
				  reconsider the action.
(b) Any
				  request for informal hearing by a party shall be in writing and shall be filed
				  with the executive director within ten calendar days of the action from which
				  relief is sought. The written request shall specify:
(1) The grounds for the request for informal
				  hearing; and
(2) The action or
				  relief sought.