reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 2 - ELIGIBILITY › Section HPHA-RS-11 - Application

Current through June, 2024
(a) A person seeking to participate in the
				  program shall submit a completed application form, provided by the authority.
				  The form shall include, but not be limited to, information relating to
				  household income, household composition, social security number or a
				  certification that the member does not have a social security number for each
				  household member, evidence of citizenship or eligible immigrant status as
				  provided under
				  24
				  C.F.R. §5.508, as it existed on April 7,
				  2016, for each household member, financial condition, and other program
				  information necessary to determine eligibility and program
				  demographics.
(b) The applicant
				  shall be placed on a special statewide waiting list upon submission of a
				  completed application form. Placement on the special statewide waiting list
				  shall not be deemed a determination of eligibility or admission.
(c) An applicant who has misrepresented
				  material information or has willfully withheld important information on the
				  application form submitted to the authority shall not be eligible to file an
				  application with the authority for placement on the regular waiting list under
				  RSP HARs 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 HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 2 - ELIGIBILITY › Section HPHA-RS-12 - Verification

Current through June, 2024
Applicants and tenants in the program shall provide, prior
					 to admission or as the authority may require, documentation setting forth
					 information concerning household income, household composition, social security
					 number or a certification that the member does not have a social security
					 number for each household member, evidence of citizenship or eligible immigrant
					 status as provided under
					 24
					 C.F.R. §5.508, as it existed on April 7,
					 2016, for each household member, financial condition or other information as
					 may be requested.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 3 - TENANT SELECTION › Section HPHA-RS-21 - Nondiscrimination

Current through June, 2024
(a) The authority and its provider agency
				  shall not deny any family or individual the opportunity to apply for or receive
				  assistance under this chapter on the basis of race, color, sex, religion,
				  marital status, creed, national or ethnic origin, age, familial status, gender
				  identity, sexual orientation, handicap or disability or HIV
				  infection.
(b) The authority shall
				  comply with state and federal nondiscrimination laws and with rules and
				  regulations governing fair housing and equal opportunity in the administration
				  of the Program. The authority shall provide a family with the United States
				  Department of Housing and Urban Development discrimination complaint form and
				  information on how to file a fair housing complaint if the family claims that
				  discrimination prevented them from finding or leasing a suitable unit under the
				  Program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 3 - TENANT SELECTION › Section HPHA-RS-22 - Special statewide waiting list

Current through June, 2024
(a) The authority
				  shall maintain a special statewide waiting list of applicants who may be
				  eligible to obtain a certification of rent supplement eligibility.
(b) Placement of applicants on the special
				  statewide waiting list shall be based upon date and time of receipt of
				  completed application.
(c) An
				  applicant must notify the provider agency, of any change that may affect the
				  applicant's place on the special statewide waiting list and the provider
				  agency's ability to contact the applicant. Changes include, but are not limited
				  to, familial status, financial status, preference status, mailing address and
				  current residence.
(d) The special
				  statewide waiting list established by these rules will terminate upon
				  expiration of these emergency rules.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 3 - TENANT SELECTION › Section HPHA-RS-23 - Preference

Current through June, 2024
Notwithstanding the preference set forth in section
					 15-184-14, HAR, preference shall be given to applicants with a completed
					 application and documentation verifying that the applicant has secured a
					 qualified dwelling unit. Participation in the program shall be determined in
					 order of submission date of proposed rental agreement or other documentation
					 which identifies a qualified unit by an applicant on the wait
					 list.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 3 - TENANT SELECTION › Section HPHA-RS-24 - Removal from special statewide waiting list

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

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

Current through June, 2024
(a) The authority,
				  at its discretion, may restrict or refuse acceptance of applications to the
				  special statewide waiting list, when it determines that it is unable to assist
				  applicants on the waiting list within a reasonable period of time.
(b) The authority shall publicly announce any
				  closure and reopening of the application process for this special program by
				  posting a notice on its website or in publication in a newspaper of general
				  circulation.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 4 - RENT › Section HPHA-RS-31 - Rent supplement payments

Current through June, 2024
(a) The authority
				  or its provider agency shall pay directly to the housing owner, or authorized
				  representative, on behalf of a tenant, a monthly amount which is the difference
				  between the established monthly rent for the tenant's dwelling unit and the
				  tenant's allocable share of rent as established in section HPHA-RS-32 below;
				  provided that the authority or its provider agency shall not make any initial
				  monthly payments that exceed $1,000 on behalf of any tenant.
(b) Rent supplement payments will be made on
				  behalf of a tenant for the period that the rental unit is occupied; except that
				  if the tenant vacates the dwelling unit without proper notice, rent supplement
				  payments will be continued to the time that the rental agreement could legally
				  be terminated or to the date that the unit is re-rented, or to the last day of
				  the month that the tenant vacated the unit and rent supplement payment was
				  already made, whichever comes first.
(c) Initial monthly payments of up to $1,000
				  shall be reduced to regular monthly payments of no more than $500 on behalf of
				  any tenant after six months of initial placement into a dwelling
				  unit.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 4 - RENT › Section HPHA-RS-32 - Rent calculation

Current through June, 2024
(a) The tenant's
				  allocable share of monthly rent shall be determined by subtracting $100 per
				  minor child from the household income; multiplied by thirty per cent; divided
				  by twelve and rounded to the closest dollar amount.
Example: tenant's household income = $15,000
number of minor children = 2
Click
					 here to view image
(b) The tenant shall pay to the landlord the
				  allocable share of monthly rent as determined in subsection (a).
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 4 - RENT › Section HPHA-RS-33 - Reexamination

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

Current through June, 2024
(a) No portion of
				  the rent supplement payments shall be applied or allocated to any security
				  deposit demanded by a housing owner. The authority shall not be responsible for
				  nor be required to pay a housing owner for the security deposit.
(b) The tenant may be referred to grant
				  making agencies under contract with the Department of Human Services for
				  assistance with security deposits.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 5 - RENT SUPPLEMENT AGREEMENTS › Section HPHA-RS-41 - Rent supplement agreement - housing owners

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

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

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

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

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

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

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

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

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

Current through June, 2024
In determining the appropriate dwelling unit size for
					 assistance, the following criteria shall be applied:
1. The smallest unit suitable for the household's shall be
					 considered and each bedroom shall be occupied by at least one person.
2. The dwelling unit shall permit up to the maximum number
					 of persons to occupy the unit in accordance with prevailing zoning, and county
					 building, health, and fire codes.
3. Every member of the household, regardless of age, shall
					 be counted as a person; except that a child not yet born by a pregnant
					 household member shall not be counted as a person in determining unit
					 size.
4. Children who are in the process of being adopted, or
					 whose legal custody is being obtained by a household, will be included as
					 members of the household for the purposes of determining unit size.
5. A foster child shall be included in determining unit
					 size only if the child will remain in the unit for more than six months.
6. Persons of different generations, persons of opposite
					 sex (other than spouses) over the age of five, and unrelated adults may be
					 allocated separate bedrooms.
7. A live-in attendant may be provided a separate bedroom;
					 however, no additional bedrooms will be provided for the attendant's
					 household.
8. A person with a valid medical ailment may be allowed a
					 separate bedroom, provided the necessity for the separate bedroom is verified
					 by a signed statement from a medical doctor and other supporting
					 data.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 2 - Purpose

Current through June, 2024
These emergency rules are adopted based on the findings 1
				  section 1 to respond to the COVID-19 emergency declared by th Governor and
				  enable the authority to perform its duties while protecting the health, safety,
				  and welfare of the public, all participants in the authority's programs, and
				  authority staff by setting forth physical distancing requirements t control the
				  spread of COVID-19, mandating the wearing of face coverings in all public
				  housing common areas, restricting visitors at all public housing properties,
				  restricting gatherings at all public housing properties, mandating the wearing
				  of face coverings and practicing six-foot (6') minimum physical distancing when
				  staff are conducting repairs or other official business in a tenant's unit,
				  establishing penalties for noncompliance of the emergency rules, waiving
				  minimum rent for qualified families participating in the authority's
				  state-aided elderly, state-aided family, and federally-assisted public housing
				  programs, delaying or suspending pro ram requirements as allowed under PIH
				  Notice PIH 2020-05 so the authority may utilize HUD's waivers of, and
				  alternative requirements for numerous statutory and regulatory requirements t
				  keep the authority's federal public housing program operational, and providing
				  the authority shall not terminate a public housing rental agreement for
				  nonpayment of rent and other charges related to rent, or impose fees and
				  charges relate' to nonpayment of rent pursuant to the Coronavirus Aid, Relief,
				  and Economic Security (CARES) Act,
				  Pub. L. No. 116-136 (March
				  27, 2020) which is attached as Exhibit A.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 4 - Applicability

Current through June, 2024
Notwithstanding Chapter
				  15-185 Section 8 - Housing Chi ice
				  Voucher Program, Chapter
				  15-186 State-Aided Elderly Public
				  -lousing Projects, Chapter
				  15-193 State-Aided Family Public J
				  musing Projects, Chapter
				  17-2000 Rules of Practice and
				  Procedure, Chapter 17-2020 Eviction
				  - Practice and Procedure, Chapter
				  17-2021 Grievance Procedure, Chapter
				  17-2028 Federally-Assisted Public
				  Housing Projects, Chapter
				  17-2032 Resident Advise try Board,
				  Chapter 17-2033 Rent
				  Supplement Program, Chapter
				  17-2036 Section 8 Homeownership Option
				  Program, and Chapter 17-2038 State
				  Eviction - Practice and Procedure, and any subsequent repeal or revisions,
				  these rules .hall apply to all aforementioned administrative rule chapters;
				  provided that upon expiration of these emergency rules, these rules shall
				  terminate.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 5 - Definitions

Current through June, 2024
(a) All definitions provided in these rules
				shall be the same as those provided in chapter
				356D, HRS or Chapter
				15-185 Section 8 - Housing Choice
				Voucher Program, Chapter
				15-186 State-Aided Elderly Public
				Housing Projects, Chapter
				15-193 State-Aided Family Public
				Housing Projects, Chapter
				17-2000 Rules of Practice and
				Procedure, Chapter 17-2020 Eviction
				- Practice and Procedure, Chapter
				17-20 1 Grievance Procedure, Chapter
				17-2028 Federally-Assisted Public Housing Projects, Chapter
				17-2032 Resident Advisory Board,
				Chapter 17-2033 Rent
				Supplement Program, Chapter
				17-2036 Section 8 Homeownership Option
				Program and Chapter 17-2038 State
				Eviction - Practice and Procedure.
(b) As used in these rules:
"Face covering" means a tightly woven fabric without holes
				  that is secured to the head with either ties or scraps, or simply wrapped and
				  tied around the wear wearer's lose and mouth. It can be made of a variety of
				  fabrics such as cotton, silk, or linen and may be factory-made, sewn by hand,
				  or nice from household items such as handkerchiefs, scarfs, or shirts.
"Physical distancing" means the practice of maintaining a
				  minimum of six feet (6') of physical separation between two or more people and
				  decreasing the frequency of contact to reduce the spread of illness or disease.
				  Social distancing shall mean the same as "physical
				  distancing".
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 6 - Physical Distancing

Current through June, 2024
The authority shall comply with state and county
				  proclamations, orders, and rules relating to implementing physical distancing
				  strategies to reduce the spread of COVID-19 and take every reasonable
				  precaution to perform the authority's in compliance with physical distancing.
				  recommendations and guidelines relating to COVID-19 issued by the United States
				  Centers for Disease Control and Prevention, the Governor of the State of
				  Hawaii, Hawaii Emergency Management Agency, and Hawaii Department of Health
				  throughout the COVID-19 emergency period.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 7 - Communications and Interactions Utilizing Electronic Means

Current through June, 2024
All fa e-to-face communications or interactions required by
				  Chapter 15-185 Section 8
				  - Housing Choice Voucher Program, Chapter
				  15-186 State-Aided Elderly Public
				  Housing Projects, Chapter
				  15-193 State-Aided Family Public
				  Housing Projects, Chapter
				  17-2020 Rules of Practice and
				  Procedure, Chapter 17-2020 Eviction
				  - Practice and Procedure, Chapter
				  17-2021 Grievance Procedure, Chapter
				  17-2028 Federally-Assisted Public
				  Housing Projects, Chapter 17-2032 Resident Advisory Board, Chapter
				  17-2033 Rent Supplement Program,
				  Chapter 17-2036 Section
				  8 Homeownership Option Program, and Chapter
				  17-2038 State Eviction - Practice and
				  Procedure, are suspended and shall be conducted through alternative electronic
				  means, including but not limited to U.S. mail, telephone, e-mail, or video
				  conferencing.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 8 - Rental Agreement Termination

Current through June, 2024
(a) A family
				participating n the following authority housing programs, section 15-186-48
				State-Aided Elderly Public Housing Projects, section 15-193-48 State-Aided
				Family Public Housing Projects, or section 17-202-59 Federally-Assisted Public
				Housing Projects, 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
				shall not terminate any rental agreement for nonpayment of rent or other fees
				or charges until the 120-day temporary moratorium on eviction filings has
				passed pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES)
				Act,
				Pub. L. No. 116-136 (March
				27, 2020) which is attached as Exhibit A.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 9 - Minimum Rents

Current through June, 2024
(a) Notwithstanding
				the minimum monthly rent required by section 15-186-61 State-Aided Elderly
				Public Housing Projects, section 15-193-61 State-Aided Family Public Housing
				Projects, and section 17-2028-61 Federally-Assisted Public Housing Projects,
				the minimum rent for an individual or family participating in these programs
				shall be $0.00 (zero dollars) if any of the following conditions exist:
(1) The income of the family has decreased
				because of changed circumstances, including loss of employment or
				contributions;
(2) A death has
				occurred in the family which affects income; or
(3) Other circumstances determined by the
				authority or HUD.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 10 - Other Charges

Current through June, 2024
(a) The authority
				shall not charge the tenant fees, penalties, or other charges related to
				nonpayment of rent until the 120-day temporary moratorium on eviction filings
				has passed pursuant to the Coronavirus Aid, Relief, and Economic Security
				(CARES) Act, Pub L No. 116-136 (March 27, 2020) which is attached as Exhibit A.
				This rule applies to Chapter
				15-186 State-Aided Elderly Public
				Housing Projects, Chapter
				15-193 State-Aided Family Public
				Housing Projects, and section 17-2028-64 Federally-Assisted Public Housing
				Projects.
(b) The authority may
				charge a family, in addition to monthly rent and applicable utility charges,
				maintenance costs such as costs to repair tenant-caused damages to the dwelling
				unit, including appliances or equipment furnished by the authority, that are in
				excess of ordinary wear and tear, and costs to repair to project buildings,
				facilities. or common areas damaged by the action of, 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 › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 11 - Annual Reexaminations

Current through June, 2024
Pursuant to PIH Notice 2020-05, annual reexaminations
				  required at least once every twelve months under section 17-2028-53
				  Federally-Assisted Public Housing Projects, section 15-185-32 Section 8 -
				  lousing Choice Voucher Program, section 15-186-42 State-Aided Elderly Public
				  Housing Projects, section 15-193-42 State-Aided Family Public Housing Projects
				  may be delayed beyond the twelve-month requirement.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 12 - Income verification

Current through June, 2024
Pursuant to PIH Notice 2020-05, authority may forgo third
				  party income verification requirement for interim reexaminations, annual
				  reexaminations, or special reexaminations, including the use of the Enterprise
				  Income Verification System. Self-certification by a family may be considered as
				  the highest form of income verification to process a reexamination. Families
				  will be held responsible for any material discrepancies discovered and the
				  authority shall take enforcement action consistent with its
				  policies.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 13 - Enterprise Income Verification Monitoring

Current through June, 2024
Pursuant PIH Notice 2020-05, monitoring of the EIV reports
				  are required on a monthly basis. The authority may elect not to perform monthly
				  monitoring during the period of availability under PIH Notice
				  2020-05.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 14 - Community Service and Self-Sufficiency Requirement

Current through June, 2024
Pursuant to PIH Notice 2020-05, the community service and
				  self-sufficiency requirement which mandates that each adult resident of public
				  housing, except for exempt family member and required to be annually reexamined
				  under section 17-2025-53, Federally-Assisted Public Housing Projects, is
				  suspended for the period of availability under PIH Notice
				  2020-05.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 15 - Over Income Families

Current through June, 2024
Pursuant to PIH Notice 2020-05, families whose income exceeds
				  the program maximum income level for two consecutive years may be allowed to
				  remain in their units and continue to pay the same rental amount until the next
				  annual income recertification.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 16 - Utility Allowances

Current through June, 2024
Pursuant to PIH Notice 2020-05, the review of utility
				  allowances required under section 17-2028-7, Federally-Assisted Public Housing
				  Projects, may be suspended so long as it is completed by the deadline allowed
				  under PIH Notice 2020-05.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 17 - Mandatory Facial Coverings

Current through June, 2024
(a) All individuals
				when in common areas within an authority property shall wear face coverings as
				described and recommended by the CDC (see Exhibit B) while maintaining a
				physical distance of a minimum of six (6) feet from persons who are not members
				of the same residence.
(b) Face
				coverings shall not be required only under the following circumstances:
(1) By an individual with a medical condition
				or disability where the wearing of a face covering may pose a health or safety
				risk to the individual and he individual provides written verification from a
				licensed medical professional to the authority that verifies the existence of a
				medical condition or disability and risk;
(2) By children under the age of 5;
				and
(3) By first responders and law
				enforcement officers (Hawaii State Sheriff Division, Honolulu Police
				Department, Honolulu Fire Department, Honolulu Emergency Services Department)
				to the extent that wearing non-medical grade face coverings may impair or
				impede the safety of the first responder or law-enforcement officer in the
				performance of his/her duty.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 18 - Visitor Restrictions

Current through June, 2024
(a) No guest passes
				will be issued except as follows:
(1)
				Delivery of food or other supplies; whereby the person delivering the food or
				supplies must leave immediately after the delivery has been
				completed.
(2) Personal care or
				medical care for elderly or disabled individuals;
(3) Home health aides;
(4) Chore service providers; and
(5) To care for a family member or pet in
				another household.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 20 - Entering a Tenant's Unit

Current through June, 2024
(a) Prior to entering a tenant's unit to
				perform maintenance, repairs or to conduct other business (e.g, inspections),
				residents will be asked questions regarding their current health condition.
				When asked, residents are required to disclose whether they are exhibiting flu
				like symptoms, whether they have been exposed to someone who has tested
				positive for COVTD-19 or whether they are under a mandatory travel or health
				quarantine.
(b) All individuals
				must wear face coverings in their housing units when authority's employees are
				conducting repairs or official business in their units. Residents are required
				to maintain a minimum of six feet physical distance from the authority's
				employee and their work area. If residents are unable to maintain a minimum of
				six feet physical distance while the authority's employee is performing repairs
				or other business (e.g., inspections) in the unit, the residents shall be
				required to wait outside the unit until all work is completed.
(c) Residents who do not have face coverings
				may request them from the authority.
(d) Residents who fail to comply with
				requests to wear face coverings masks and maintain a minimum of six feet
				physical distance from the authority's employees shall be subject to applicable
				penalties. After repeated attempts to request that residents comply with
				requirements to wear face coverings and maintain a minimum of six feet physical
				distance, any maintenance repairs, or other business will be terminated
				immediately until the tenants comply with the authority's employee's
				requests.
(e) Upon completing work
				in a tenant's unit, the authority will sanitize the area before
				leaving.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 21 - Penalties

Current through June, 2024
(a) All tenants, any member of the tenant's
				household, or any guest or other person under the tenant's control who violates
				these emergency rules may be subject to th following penalty schedule:
(1) Verbal warning and a notice of
				violation;
(2) Verbal warning and a
				notice of violation; and
(3) Notice
				of eviction.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 22 - Findings to Extend Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency

Current through June, 2024
The authority finds that:
(a) Governor David Y. Ige declared a state of
				emergency in the State of Hawaii due to COVID-19 by issuing an Emergency
				Proclamation on March 4, 2020, that was extended by Supplementary
				Proclamations, most recently on July 17, 2020, which extend the emergency
				through August 31, 2020;
(b) Th
				HPHA staff reported a sudden and significant increase of COVID-19 cases among
				the residents at the following properties:
(1) A sudden and significant increase of
				COVID-19 cases among the residents at the following properties:
(A) Kuhio Park Terrace Low Rise - 1 active
				case
(B) The Towers at Kuhio Park
				(KPT Towers) - 16 new active cases (this property is privately owned and
				managed, however, it s a contiguous property with Kuhio Park Terrace Low Rise
				and Kuhio Homes)
(C) Kalihi Valley
				Homes - 5 positive cases; 2 are recovered (not active); 3 a e active; 2 new
				cases pending confirmation
(D)
				Puahala Homes - 1 recovered case
(E) Hauiki - 1 active case
				(hospitalized)
(F) Mayor Wright
				Homes - 2 active cases
(G)
				Kaahumanu Homes - 1 active case
(H)
				Punchbowl Homes - 1 positive case that has recovered (not active)
(I) Hookipa Kahaluu - 1 positive ca.
				a
(J) Palolo Homes - 1 positive
				case lat has recovered (not active) (this property is privately owned and
				managed, however, it is near Palolo Valley Homes Federal Public
				Housing)
(K) Palolo Valley Homes -
				1 new case pending confirmation
(L)
				Puuwai Momi - 5 positive cases, under isolation/quarantine in Waikiki (all from
				one household); 4 people from that same household awaiting test
				results;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 23 - Extension

Current through June, 2024
Based on the authority's findings set forth in section 22,
				  the authority is renewing and extending Hawaii Public Housing Authority
				  Emergency Rules Relating to COVID-19 Emergency, adopted August 4, 2020, and
				  filed with the Office of the Lieutenant Governor on August 20, 2020, for an
				  additional 120 days after September 9, 2020.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 24 - Findings to Extend Hawaii Public Housing authority Emergency Rules Relating to COVID-19 Emergency

Current through June, 2024
The authority finds that:
(a) Governor David Y. Ige declared a state of
				emergency in the State of Hawaii due to COVID-19 by issuing an Emergency
				Proclamation on March 4, 2020, that was extended by Supplementary
				Proclamations, most recently on November 23, 2020, which extended the emergency
				through December 31, 2020;
(b) As
				of December 1, 2020, the recorded number of cases and deaths has continued to
				increase, with more than 18,186 documented cases of COVID-19 in the State and
				246 deaths and numerous additional cases of patients with long lasting health
				complications attributed to this disease;
(c) COVID-19 continues to endanger the
				health, safety and welfare of the people of Hawaii and a response requires the
				serious attention, effort, and sacrifice of all people in the State to avert
				anmanageable strains on our healthcare system and other catastrophic impacts to
				the State; and
(d) The HPHA staff
				continues to report that several residents at the HPHA properties are not
				physical distancing or wearing facial, coverings (e.g. masks), are congregating
				in groups, and have allowed friends and family to perform their travel quarant
				the in their public housing unit despite repeated and regular warning and
				educational outreach efforts;
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Hawaii Public Housing Authority Emergency Rules Relating to COVID-19 Emergency › Section 25 - Extension

Current through June, 2024
Based on the authority's findings set forth in section 24,
				  the authority is renewing and extending Hawaii Public housing Authority
				  Emergency Rules Relating to CQVID-19 Emergency, adopted April 16, 2020, and
				  filed with the Office of the lieutenant Governor on May 12, 2020, and renewed
				  and extended on August 20, 2020, and filed with the Office of the Lieutenant
				  Governor on September 8, 2020 for an additional 120 days after December 31,
				  2020.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Section 8 Housing Choice Voucher Landlord Incentive Program Rules › Section S8-1 - Landlord incentive program

Current through June, 2024
The landlord incentive program under Act 215, Session Laws of
				  Hawaii 2019, section 1, provides reimbursement to a landlord participating in
				  the tenant-based assistance housing choice voucher program under Section 8 of
				  the United States Housing Act of 1937 (42 U.S.C. §
										1437f) for costs
				  to repair tenant caused property damage to the dwelling unit when repair costs
				  exceed the tenant's security deposit. This program incentivizes landlords to
				  participate in the Section 8 program by providing financial protection for the
				  landlord. Act 287, Session Laws of Hawaii 2022, provides additional incentives
				  for landlords to participate in the Section 8 housing choice voucher program by
				  providing financial protections for these landlords.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Section 8 Housing Choice Voucher Landlord Incentive Program Rules › Section S8-2 - Purpose

Current through June, 2024
These rules are adopted pursuant to Act 215, Session Laws of
				  Hawaii 2019, section 1, and Act 287, Session Laws of Hawaii 2022, section 2, to
				  implement the landlord incentive program and shall govern the administration of
				  this program.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Section 8 Housing Choice Voucher Landlord Incentive Program Rules › Section S8-3 - Definitions

Current through June, 2024
The definitions set forth in section
				  17-2031-3 of Chapter
				  17-2031, Section 8 Housing
				  Choice Voucher and Project Based Voucher Program, are incorporated by reference
				  and attached as Exhibit A, and are made a part of these rules, subject to the
				  following additional definition and amendments:
"Request for tenancy approval" or "RFTA" means a required HUD
				  form that the family provides to the unit owner to complete, and provides the
				  authority with information necessary to determine if a unit is eligible for
				  rental assistance.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Section 8 Housing Choice Voucher Landlord Incentive Program Rules › Section S8-4 - Program eligibility

Current through June, 2024
(a) The operation
				of the program to incentivize landlords or owners to participate in the housing
				choice voucher program by providing financial protection and assistance for the
				owner or landlord is subject to the availability and allotment of
				funds.
(b) Landlords or owners may
				be disqualified from receiving incentive payments for an individual unit if the
				landlord or owner does not timely report that a participant has vacated the
				unit following court ordered eviction, abandoned the unit, or the landlord or
				owner either does not return overpayments made by the authority or is found to
				have committed fraud or willfully violated the HAP contract.
(c) For the purpose of this chapter, where an
				owner and landlord are not the same, eligibility to receive a one-time
				incentive payment shall attach to the owner of a unit. An owner shall not be
				eligible to receive an additional one-time incentive payment on a unit if the
				company or person acting as landlord changes.
Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Section 8 Housing Choice Voucher Landlord Incentive Program Rules › Section S8-5 - Tenant caused damages; eligibility to participate

Current through June, 2024
A landlord or owner is eligible to receive a reimbursement
				  for tenant caused damages provided the landlord submits a claim to the
				  authority within thirty calendar days of the tenant vacating the dwelling
				  unit.