reglab/statecodes huggingface dataset:
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 17-2029-23 - Scheduling of hearing

Current through June, 2024
Upon receipt of a request for an informal hearing, the
					 executive director shall schedule a hearing within thirty business days at a
					 time and place reasonably convenient to the petitioner and the respondent. A
					 written notification specifying the time, place, and procedures governing the
					 informal hearing shall be served at least five calendar days in advance of
					 hearing date, unless waived by each party, and in the following manner:
(1) By personal Service by a person
				  authorized by the facility Operator:
(A) Upon
				  a person other than a dependent or an incompetent person in the following
				  manner:
(i) By delivering the notice
				  personally or, in the case the party cannot be found, by leaving copies at the
				  party's dwelling unit or usual place of abode with some person of suitable age
				  and discretion then residing therein; or
(ii) By delivering the notice to an agent
				  authorized by appointment or by law to receive Service;
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 17-2029-24 - Procedures governing the informal hearing

Current through June, 2024
(a) The hearing
				  shall be conducted informally by the executive director or a hearings officer
				  designated by the executive director. Oral or documentary evidence pertinent to
				  the facts or issues raised by the petitioner in the request for hearing may be
				  received without regard to the admissibility under the rules of evidence
				  applicable to judicial proceedings. The executive director shall require the
				  corporation, the provider agency, the petitioner, counsel, and other
				  participants or spectators to conduct themselves in an orderly fashion. Failure
				  to comply with the directions of the executive director to obtain order may
				  result in exclusion from the proceedings or in a decision adverse to the
				  interests of the disorderly party and granting or denying the relief sought, as
				  appropriate.
(b) The petitioner
				  shall be afforded a fair hearing and provided the basic safeguards of due
				  process which include:
(1) The opportunity to
				  examine and copy, before the informal hearing and at the petitioner's own
				  expense, documents, records, and rules of the provider agency or the
				  corporation that will be presented at the informal hearing that are relevant to
				  the hearing. Any document not made available in response to written request by
				  the petitioner may not be relied on by the provider agency or the Corporation
				  at the informal hearing;
(2) The
				  right to be represented by counsel at the petitioner's own expense;
(3) The right to present evidence and
				  arguments in support of the request for reconsideration, to controvert evidence
				  relied upon by the provider agency or the corporation, and to confront and
				  cross-examine all witnesses on whose testimony or Information the provider
				  agency or the corporation relies; and
(4) A decision based solely and exclusively
				  upon the facts presented at the informal hearing.
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 17-2029-25 - Decision of the executive director

Current through June, 2024
The executive director shall prepare a written decision,
					 together with the reasons therefor, within thirty business days after the
					 hearing. A copy of the decision shall be sent to each party.
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 17-2029-26 - Request for reconsideration of corporation's decision

Current through June, 2024
(a)
				  A request for reconsideration of an order, ruling, decision, or action of the
				  corporation shall be made in writing and filed with the corporation within ten
				  calendar days of the order, ruling, decision, or action. The request shall
				  State the grounds for the request for reconsideration and may be summarily
				  denied if it appears from the request that there is no new, relevant evidence
				  on the matter to present to the corporation.
(b) Upon receipt of the request, the
				  executive director shall:
(1) Assign the
				  request for reconsideration for further proceedings either before the
				  corporation or before a hearings officer; or
(2) Deny the request in writing on the
				  grounds that no new relevant evidence exists to support the request for
				  reconsideration.
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 17-2029-27 - Appeal to circuit court

Current through June, 2024
Appeal of the corporation's final order, ruling, decision,
					 or action may be made to the circuit court as provided by
					 law.
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 17-2029-28 - Failure to appear

Current through June, 2024
If any party fails to appear at the scheduled proceeding
					 without good cause, the corporation may proceed in the absence of the party and
					 may issue any decision or order it deems just and equitable under the
					 circumstances, including dismissal of the party's claim for relief and
					 reimbursement of costs, if such has been incurred.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2029 - APPEALS PROCEDURE FOR HOMELESS PROGRAMS › Subchapter 3 - MISCELLANEOUS PROVISIONS › Section 17-2029-51 - 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 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2030-1 - Purpose

Current through June, 2024
These rules shall govern the procedures for the following
					 actions in homeless facilities that are owned or operated by the housing and
					 Community development corporation of Hawaii or that are operated by a facility
					 Operator receiving a homeless shelter stipend pursuant to section 201G-464,
					 HRS:
(1) Terminating the residency of
				  a homeless family or individual occupying any unit in a homeless facility;
				  or
(2) Barring a homeless family or
				  individual from participating further in a homeless facility.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2030-3 - Service of process

Current through June, 2024
(a) A notice of
				  cause issued for the purpose of this chapter shall be served as follows:
(1) By personal Service by a person
				  authorized by the facility Operator:
(A) Upon
				  a person other than a dependent or an incompetent person in the following
				  manner:
(i) By delivering the notice
				  personally or, in the case the party cannot be found, by leaving copies at the
				  party's dwelling unit or usual place of abode with some person of suitable age
				  and discretion then residing therein;
(ii) By delivering the notice to an agent
				  authorized by appointment or by law to receive Service;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2030-4 - Time

Current through June, 2024
In Computing any period of time prescribed or ordered by
					 these rules, the day of the act, event, or default from which the designated
					 period of time begins to run is not to be included. The last day of the period
					 so computed is to be included, unless it is a Saturday, Sunday, or a legal
					 holiday, in which event the period runs until the end of the next day which is
					 not a Saturday, Sunday, or a legal holiday.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2030-5 - Hearings officer

Current through June, 2024
The hearings officer:
(1) Shall not be an operating staff member of
				  a homeless facility;
(2) May be an
				  executive officer or board member of a facility Operator or a designated
				  representative of the facility Operator; and
(3) Shall be a person other than the person
				  (or a subordinate of that person) who made or approved the issuance of a notice
				  of cause.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 2 - COMMENCEMENT OF ACTION › Section 17-2030-11 - Notice of cause

Current through June, 2024
(a) Any proceeding
				  initiated by a facility Operator to evict a participant from a dwelling unit in
				  a homeless , facility or to bar a homeless family or individual from further
				  participation in a homeless facility shall be commenced by filing a notice of
				  cause, a copy of which is attached as Exhibit A, entitled "Notice of Cause",
				  dated
NOV 5 2004
and located at the end of this
				  chapter. The notice of cause shall be served on a participant or
				  person.
(b) The notice of cause
				  shall be in writing.
(c) The notice
				  of cause shall contain, but not be limited to, the following:
(1) A clear Statement of the reason for
				  eviction or for being barred from further. participation;
(2) The specific date and time at which
				  assistance will cease and the participant will be required to vacate the
				  premises;
(3) The right of the
				  participant to review the decision and request a hearing;
(4) Instructions on how the participant may
				  evoke a proceeding;
(5) The right
				  of the participant to review the participant's records; and
(6) The right of the participant to be
				  represented by an attorney or have counsel at a hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 2 - COMMENCEMENT OF ACTION › Section 17-2030-12 - Request for hearing

Current through June, 2024
(a) The request for
				  hearing by the participant shall be in writing and filed with the facility
				  Operator or hearings officer within ten calendar days after service of the
				  notice of cause.
(b) The facility
				  Operator may set response time limits that are not less than three calendar
				  days and not more than ten days to ensure timely proceedings.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 2 - COMMENCEMENT OF ACTION › Section 17-2030-13 - Failure to respond

Current through June, 2024
If a participant or person who has been served a notice of
					 cause fails to respond and request a hearing with the facility Operator or
					 hearings officer, then the facility Operator may enter a default judgment, a
					 copy of which is attached as Exhibit B, located at the end of the chapter,
					 entitled "Default", dated
NOV 15 2004
.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 2 - COMMENCEMENT OF ACTION › Section 17-2030-14 - Emergency procedure

Current through June, 2024
The facility Operator may require participants who have
					 been served a notice of cause, to remain off premises while proceedings are in
					 action:
(1) If the party involved and
				  their guests pose a threat to the health, safety, and physical well-being of
				  any participant or staff of the homeless facility or to the general public;
				  or
(2) If the party involved
				  violates the facility Operator's house rules and regulations that require
				  immediate eviction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-21 - Notice of hearing

Current through June, 2024
Upon receipt of the request for hearing within the time
					 limit set by the facility Operator, the facility Operator or hearings officer
					 shall schedule a hearing and shall issue a notice of hearing to the participant
					 or person requesting the hearing that contains, but is not limited to, the
					 time, place, and procedures governing the hearing, a copy of which is attached
					 as Exhibit C, located at the end of the chapter, entitled "Notice of Hearing",
					 dated
NOV 1 5 2004
.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-22 - Hearing

Current through June, 2024
(a) The hearing shall be conducted in an
				  informal manner.
(b) Oral and
				  documentary evidence may be received without regard to admissibility under the
				  rules of evidence.
(c) The
				  participant or person who has received a notice of cause shall be afforded a
				  full and fair hearing that provides the basic safeguards of due process which
				  shall include but not be limited to:
(1) The
				  opportunity to examine all documents, records and rules that are relevant to
				  the notice of cause;
(2) The right
				  to be represented by counsel at participant's own expense;
(3) The right to present evidence and to
				  cross examine all witnesses;
(4)
				  The right to a decision based solely upon the facts presented at the
				  hearing;
(5) The right to be heard
				  before a person other than the person, or subordinate of that person, who made
				  or approved the decision; and
(6)
				  The right to receive written notice of the final decision within ten calendar
				  days of the date of hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-23 - Conduct at hearing

Current through June, 2024
The hearings officer may remove any person who disrupts a
					 hearing or continue the hearing. If the party who has received a notice of
					 cause and is removed for disruptive conduct, the hearing may continue and a
					 determination may be made based upon the available evidence presented.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-24 - Default

Current through June, 2024
(a) A person who has received a notice of
				  cause fails to appear at a hearing after being duly notified may be found in
				  default, a copy of which is attached as Exhibit B, at the end of the chapter,
				  entitled "Default", dated
NOV 1 5 2004
.
(b) For good cause shown, the facility
				  Operator or hearings officer may set aside an entry of default.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-25 - Decision of hearings officer

Current through June, 2024
(a) If it is proved
				  to the satisfaction of the hearings officer that the facility Operator is
				  entitled to evict from a dwelling unit or to bar from further participation in
				  a homeless facility the participant who received a notice of cause, then the
				  hearings officer shall prepare a written decision together with the reasons
				  therefor. A copy of the decision shall be sent to the participant who received
				  a notice of cause, a copy of which is attached as Exhibit D, at the end of the
				  chapter, entitled "Notice of Decision", dated
NOV 15
				  2004
(b) The hearings
				  officer may require that the facility Operator set a maximum length of time in
				  which the participant may be barred from participation in the homeless facility
				  according to their written policies.
(c) The hearings officer may change the
				  eviction date or bar to participation date given the outcome of the
				  hearing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-26 - Appeals

Current through June, 2024
An appeal of the decision of the hearings officer may be
					 taken to the corporation as provided in chapter 17-202 9.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-27 - Waiver of procedure

Current through June, 2024
Upon agreement of the parties, any procedure in a hearing
					 may be modified or waived and an informal disposition may be made of any case
					 by agreed settlement or consent order.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 3 - HEARINGS PROCEDURE › Section 17-2030-28 - Records

Current through June, 2024
(a) The facility Operator shall maintain
				  written summaries of all hearings. Neither a full transcript nor recording of
				  the hearing shall be required.
(b)
				  All records of a hearing shall be confidential and released only at the
				  direction of the hearings officer or by judicial order.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 4 - REMEDIES › Section 17-2030-31 - Writ of possession

Current through June, 2024
(a) If the hearings
				  officer finds in the written decision that the facility Operator is entitled to
				  evict a participant and to take possession of a dwelling unit in a homeless
				  facility, then the hearings officer, with concurrence of the corporation, may
				  issue a writ of possession a copy of which is attached as Exhibit E, at the end
				  of the chapter entitled "Writ of Possession", dated
NOV 1 5
				  2004
.
(b) The
				  facility Operator, together with the corporation, may issue a writ of
				  possession subsequent to issuance of a notice of cause and prior to the
				  completion of any hearing proceeding, if the party involved poses a threat to
				  the health and safety, and physical well-being of any participant or staff of
				  the homeless facility or to the general public.
(c) The enforcement of a writ of possession
				  shall be effected by a law enforcement officer of the State or any county,
				  whose duty shall be to enforce the writ.
(d) The person enforcing the writ shall
				  remove the participant from the premises, and put the facility Operator or
				  certain occupant (s) of the dwelling unit, as specified in the writ, in full
				  possession thereof.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 4 - REMEDIES › Section 17-2030-32 - Disposition of evicted person's possessions

Current through June, 2024
(a) When a
				  participant who is being evicted leaves personal property within the premises,
				  the personal property of the participant against whom the writ is entered, and
				  those of any persons using the premises incident to the participant's holding,
				  may be removed by the facility Operator.
(b) If the facility Operator, in good faith,
				  determines the personal property to be of value, the facility Operator may sell
				  such personal property, in a commercially reasonable manner, or donate the
				  personal property to a charitable Organization. The proceeds of the sale of
				  personal property shall, after deduction of costs of removing the personal
				  property, of storage and sale of the personal property, be held in trust for
				  the participant being evicted for thirty calendar days, after which time the
				  proceeds shall be forfeited to the facility Operator.
(c) If the facility Operator determines the
				  personal property to be of no value, the facility Operator may dispose of such
				  personal property at their discretion without liability to the corporation or
				  facility Operator.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2030 - EVICTION AND BAR TO PARTICIPATION PROCEDURE FOR HOMELESS FACILITIES › Subchapter 5 - MISCELLANEOUS PROVISIONS › Section 17-2030-41 - 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 applications
					 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 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-1 - Purpose

Current through June, 2024
These rules are adopted under chapter
					 91, HRS, and shall govern the
					 implementation of the management requirements of the tenant based housing
					 choice voucher program and the project based voucher program authorized by the
					 United States Housing Act of 1937, as amended by the Housing and Community
					 Development Act of 1974, the Quality Housing Work Responsibility Act (QHWRA) of
					 1998, and the Housing and Economic Recovery Act of 2008 (HERA) and establish
					 the role and responsibility of the participants and the Hawaii public housing
					 authority. These rules set forth some of the authority's administrative plan
					 that a public housing agency is required to adopt pursuant to the U.S.
					 Department of Housing and Urban development section 8 program regulations in 24
					 C.F.R. Chapter IX Part 982 ("Administrative Plan") as it existed on October 20
					 2022.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-2 - Nondiscrimination

Current through June, 2024
(a) The authority shall not deny any family
				  or individual the opportunity to apply for or receive assistance under this
				  chapter on the basis of race, color, sex, religion, marital status, creed,
				  national or ethnic origin, age, familial status, handicap or disability or HIV
				  infection.
(b) The authority shall
				  comply with federal and state nondiscrimination laws and with rules and
				  regulations governing fair housing and equal opportunity in the administration
				  of the program. The authority shall provide a family with 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 dwelling unit
				  under the program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-4 - Public notice to lower-income families

Current through June, 2024
The authority shall inform the public of the availability
					 and nature of housing assistance for families within allowed income limits
					 through publications of general circulation and shall ensure wide and
					 appropriate coverage.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-5 - Participation by owners and others

Current through June, 2024
The authority shall invite eligible owners, including
					 owners of suitable dwelling units located outside of poverty or racially
					 concentrated areas, to make dwelling units available for leasing by eligible
					 families and to expand opportunities for disabled persons.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-6 - Income limits

Current through June, 2024
(a) Income limits
				  for a family's participation in the program shall be the same income limits
				  established by HUD for its section 8 tenant-based housing choice voucher
				  program, which are incorporated by reference and attached as exhibit
				  C.
(b) Applicable income limits as
				  provided in subsection (a) shall be published once per year in a publication
				  with wide circulation, be posted at all times in a conspicuous place at the
				  authority's offices that accept applications, on the [corporation's]
				  authority's website, and printed in the [corporation's] authority's
				  informational materials on eligibility for the programs.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-7 - Assets

Current through June, 2024
All assets held by each member of an eligible family shall
					 be used to determine annual income.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-8 - Subsidy and occupancy standards

Current through June, 2024
(a) The authority
				  shall establish subsidy standards that shall provide for a minimum commitment
				  of subsidy while avoiding overcrowding. The subsidy standards are incorporated
				  by reference and attached as exhibit D.
(b) The standards determine the number of
				  bedrooms to be entered on the voucher and not a family's actual living
				  arrangement.
(c) The authority's
				  occupancy standards follow the occupancy codes of the County in which the
				  dwelling unit is located. The occupancy standards are incorporated by reference
				  and attached as exhibit E.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-9 - Allowance for utilities and other services

Current through June, 2024
(a) The
				  authority shall maintain a utility allowance schedule for utilities and other
				  services that shall be coordinated with the allowance schedules of the
				  respective counties. The utility allowance schedules are incorporated by
				  reference and attached as exhibit F.
(b) On request from a family that includes a
				  person with disabilities, the authority shall approve a utility allowance which
				  is higher than the applicable amount in the utility allowance schedule if a
				  higher utility allowance is needed as a reasonable accommodation in accordance
				  with 24 C.F.R. part 8 , as it existed on October 20, 2022, to make the program
				  accessible to and usable by the family member with a disability.
(c) A participant shall receive a utility
				  reimbursement when the utility allowance exceeds the total tenant
				  payment.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 1 - General Provisions › Section 17-2031-10 - Verification of information

Current through June, 2024
(a) The authority
				  shall require an applicant or participant to provide documentation verifying
				  information provided by the family relating to the program.
(b) An applicant or participant who fails to
				  provide documentation to verify information requested by staff shall be
				  ineligible for participation in the program.
(c) Verification documents shall be valid for
				  the following lengths of time:
(1) For
				  applicants, sixty days before the voucher is issued to the applicant.
(2) For participants, one hundred twenty days
				  from the date received by the authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-21 - Applications

Current through June, 2024
(a) A family seeking to participate in the
				  program shall submit a completed pre-application form prepared by the
				  authority. The applicant is permitted to file a pre-application on the
				  authority's application portal, or through reasonable accommodation in person,
				  by mail, or at any of the authority's section 8 applications offices for any
				  and all waiting list areas prescribed in section
				  17-2031-26.
(b) The initial pre-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
				  shall be conducted when the applicant reaches the top of the waiting
				  list.
(c) An applicant who has
				  misrepresented material information in a pre-application, application, or other
				  inquiry for any of the authority's programs 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 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-23 - Income targeting

Current through June, 2024
At least seventy five per cent of families admitted to the
					 program during the fiscal year from the waiting list shall be extremely low
					 income families.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-24 - Notification of eligibility

Current through June, 2024
(a) An applicant
				  shall be mailed or sent a written or electronic notification after an
				  eligibility determination is made. The notification shall specifically state
				  the reasons for the determination.
(b) An eligible applicant shall be placed on
				  the waiting list.
(c) An applicant
				  determined to be ineligible for admission or participation in the program shall
				  be accorded an opportunity to request for an informal review as set forth in
				  section 17-2031-71.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-25 - Local preferences

Current through June, 2024
(a) Eligible
				  applicants shall be given preference for certification in the program if, at
				  the time they are seeking housing assistance, they fall within the following
				  preference categories:
(1) The following
				  preferences shall be given first priority but have equal weight within this
				  group:
(A) Involuntarily displaced, including
				  public housing families subject to relocation due to modernization activity, or
				  based on an emergency where conditions of the public housing dwelling unit,
				  building, or project pose an immediate, verifiable threat to life, health or
				  safety of the family, and the family cannot be relocated to another public
				  housing dwelling unit in the same program, meeting their needs;
(B) Victims of domestic violence, including
				  public housing tenants that are victims of stalking, or reprisals, or hate
				  crimes, and cannot be safely transferred to another public housing dwelling
				  unit in the same program; or
(C)
				  Homeless; or
(D) Public housing
				  families that exceed the largest public housing dwelling unit size on the
				  island where they reside; or Public housing tenants who are approved for a
				  reasonable accommodation for a dwelling unit with special features and have not
				  been offered a dwelling unit in the public housing program that meets the
				  family's needs and have waited over one year.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-26 - Waiting list

Current through June, 2024
(a) The authority shall maintain a separate
				  waiting list for each of its housing choice voucher or project-based voucher
				  programs.
(b) Placement on the
				  waiting list may be by:
(1) Date and time;
				  or
(2) Random lottery selection, so
				  long as all adopted preferences are considered.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-27 - Removal from the waiting list

Current through June, 2024
An applicant shall be removed from the waiting list for any
					 one of the following reasons:
(1) The
				  applicant requests that applicant's name be removed;
(2) The applicant fails to notify the
				  authority of 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
				  17-2031-22;
(4) The applicant fails to respond to the
				  authority's reasonable contact efforts. Two written or electronic notices to
				  the last known address shall constitute reasonable effort to contact;
(5) The applicant fails without good cause to
				  keep a scheduled interview or to provide requested information necessary to
				  determine eligibility;
(6) The
				  applicant refuses a voucher for housing assistance; or
(7) The applicant misrepresents any material
				  information to the authority on the application or otherwise.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-28 - Closing and reopening the waiting list

Current through June, 2024
(a) The authority
				  may suspend the acceptance of applications and close the waiting list, in whole
				  or in part, when it is determined that there are enough applicants on the
				  waiting list to fill anticipated openings for the next twenty-four
				  months.
(b) The authority may
				  publicly announce any closure and reopening of the application taking process
				  pursuant to section 17-2031-4. If the list is opened
				  for only a limited time, the opening announcement shall include the closing
				  date and not require further notice. Publicly announce may include, but is not
				  limited to, publishing notices in a newspaper of general circulation and
				  minority newspapers or notifying social service organizations.
(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 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-29 - 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:
(1) Applicable local preferences;
				  and
(2) Lottery placement;
				  or
(3) Date and time of receipt of
				  application.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-30 - Special admission and exception for designated programs

Current through June, 2024
(a) The authority may admit families not on
				  the established waiting list, or without considering the family's waiting list
				  position, that are targeted for specific funding awards from HUD, including,
				  but not limited to:
(1) A family displaced
				  because of modernization, demolition or disposition of a public or Indian
				  housing project;
(2) A family
				  residing in a multifamily rental housing project when HUD sells, forecloses or
				  demolishes the project;
(3) Housing
				  covered by the Low Income Housing Preservation and Resident Homeownership Act
				  of 1990;
(4) A family residing in a
				  project covered by a section 8 project-based housing assistance payment
				  contract at or near the end of the housing assistance payment contract term;
				  or
(5) A non-purchasing family
				  residing in a HOPE 1 or HOPE 2 project; or
(6) A family that resides or will reside in a
				  dwelling unit covered by a project-based section 8 housing assistance payment
				  contract.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-31 - Annual income

Current through June, 2024
The authority shall determine each applicant's and
					 participant's annual income pursuant to
					 24 C.F.R. §
											5.609, as it existed on October 20, 2022,
					 which is incorporated by reference and attached as exhibit B.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-32 - Reexaminations

Current through June, 2024
(a) At least once every twelve months, the
				  authority may reexamine a family's income, composition and any other matter
				  necessary to determine the participant's rent and eligibility for continued
				  housing assistance.
(b) If at the
				  time of admission or reexamination, a family's income cannot be reasonably
				  anticipated for the next twelve-month period, the authority may schedule a
				  special reexamination at any time prior to the next annual reexamination when
				  deemed necessary.
(c) The
				  participant and owner shall be notified in writing by the authority of the
				  results of any reexamination within a reasonable time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-33 - Interim rent adjustment

Current through June, 2024
(a) The authority
				  may adjust a participant's rent between reexaminations if a participant reports
				  a change in income.
(b) Adjustments
				  reflecting a lower rent shall be made effective on the first day of the month
				  following the month the report was made. A participant who has obtained a
				  decrease in rent under this section, shall report all income increases which
				  occur prior to the next reexamination and rent may be readjusted
				  accordingly.
(c) A rent adjustment
				  shall be made between reexaminations when a participant's income increases as a
				  result of the inclusion of additional persons with income to the family, and
				  such adjustment shall be made effective on the first day of the second month
				  following the inclusion.
(d) The
				  participant and owner shall be notified in writing by the authority of the
				  results of any reexamination within a reasonable time.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 2 - ELIGIBILITY › Section 17-2031-34 - Continued assistance

Current through June, 2024
(a) When one family
				  splits into two eligible families, both families wish to continue assistance,
				  and there is no court order, the authority shall decide to continue assistance
				  to one family instead of the other if that family:
(1) Retains the children or includes any
				  disabled or elderly members. Children subject to a joint custody agreement but
				  live with one parent for a cumulative period of at least one hundred eighty
				  three days of the year shall be considered a member of that
				  household;
(2) Includes the family
				  member that applied as head of household;
(3) Excludes the responsible party for
				  domestic violence which caused the split of the family;
(4) Is subject to other factors specified by
				  the authority; or
(5) Is
				  recommended by social service agencies or qualified professionals to retain
				  assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 3 - LEASE › Section 17-2031-41 - Request for lease approval

Current through June, 2024
Upon finding a dwelling unit that an owner is willing to
					 lease, the family shall submit a request to have the lease approved by the
					 authority.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 3 - LEASE › Section 17-2031-42 - Dwelling unit inspection

Current through June, 2024
(a) Prior to
				  approving a lease, the authority shall inspect the dwelling unit within a
				  reasonable time after receipt of the owner's inspection request.
(b) Dwelling units approved for lease in the
				  program shall meet minimum housing quality standards.
(c) Inspections will occur every other year,
				  except in circumstances where the authority may determine a need for an annual
				  inspection. Situations may include, but not be limited to:
(1) If a dwelling unit does not pass an
				  initial or annual inspection the first time;
(2) The dwelling unit fails a quality control
				  inspection; or
(3) The participant
				  or landlord requests a special inspection between the scheduled
				  inspection.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 3 - LEASE › Section 17-2031-43 - Lease requirements

Current through June, 2024
(a) The authority
				  shall review the lease, particularly noting compliance with HUD regulations and
				  state and local law. The participant also must have legal capacity to enter a
				  lease under state and local law.
(b) The family and owner must submit a
				  standard form lease used in the locality and that is generally used for other
				  unassisted tenants in the premises by the owner. The terms and conditions of
				  the lease must be consistent with state and local law. The lease must specify
				  what utilities and appliances are to be supplied by the owner, and what
				  utilities and appliances are to be supplied by the family. The HUD prescribed
				  tenancy addendum must be included in the lease word-for-word before the lease
				  is executed. The HUD tenancy addendum is incorporated by reference and attached
				  as exhibit I.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 3 - LEASE › Section 17-2031-44 - Lease approval

Current through June, 2024
(a) If the
				  authority determines that a dwelling unit is suitable for the program and the
				  lease meets the requirements of the program, the owner and family shall be
				  notified, and a contract executed.
(b) The initial lease shall be for at least
				  one year.
(c) If the authority
				  determines that a lease cannot be approved for any reason, the owner and family
				  shall be notified in writing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2031-51 - Housing assistance payments

Current through June, 2024
The authority shall make housing assistance payments to the
					 owner on behalf of an eligible family.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2031 - SECTION 8 - HOUSING CHOICE VOUCHER AND PROJECT BASED VOUCHER PROGRAM › Subchapter 4 - HOUSING ASSISTANCE PAYMENTS AND RENT › Section 17-2031-52 - Contract rents

Current through June, 2024
(a) The contract rent for a dwelling unit in
				  the program shall be determined on a case-by-case basis. The approved rent
				  shall be reasonable in comparison to rent for other comparable unassisted
				  dwelling units in the housing market.
(b) Contract rents may be adjusted at each
				  annual anniversary date of the HAP contract at the request of the
				  owner.