Haw. Code R. § 15-185-22 - Eligibility for admission and participation

(a) To be eligible for participation in the program, an applicant and household members shall meet all of the requirements of the preapplication and final-application phases as set forth below:

(1) During the pre-application phase, the applicant and adult household members shall:

(A) Qualify as a family;

(B) Be income eligible as determined under section 15-185-6;

(C) Not have an outstanding debt owed to the corporation as a participant in any of its programs;

(D) Not have an outstanding liability for unpaid rent or damages incurred while previously participating in any section 8 rental subsidy program;

(E) Provide a social security number for all family members who are at least six years of age or certify that the person does not have a social security number;

(F) Not have been evicted since March 1,1985 from a public housing program administered by the corporation or its predecessor, Hawaii housing authority;

(G) Not have been terminated for assistance under the program;

(H) Not have committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program;

(I) Within one year of the projected date of voucher award, not have been engaged in any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, right of peaceful enjoyment of the premises by other residents, the owner, or corporation employees;

(J) Not be illegally using a controlled substance or give the corporation a reasonable cause to believe that the illegal use (or pattern of illegal use) of a controlled substance or abuse of alcohol (or pattern of abuse) may interfere with the health, safety, or right to peaceful enjoyment of a rental premises by other residents;

(i) For the purposes of this subsection, "reasonable cause to believe" means by a preponderance of the evidence;

(ii) For the purposes of this subsection, in determining whether to deny eligibility based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol, the corporation may consider rehabilitation as provided for under 42 U.S.C. 813661(b)(2)(A)-(C) effective October 1, 1999, which is incorporated by reference and attached as exhibit H;

(K) Not be engaged in any drug-related criminal activity or violent criminal activity which would adversely affect the health, safety, right to peaceful enjoyment of the premises by other residents, the owner, or corporation employees;

(L) Not have been convicted of the manufacture, production, or distribution of methamphetamines; and

(M) Not subject to lifetime registration requirements under any State sex offender's registration program.

(2) During the final application phase the applicant and all adult household members shall meet the requirements set forth in subsection 15-185-22(a)(I), as well as the following requirements:

(A) Not engaged in or threatened abusive or violent behavior toward the corporation's personnel. For purposes of this subsection, "threatened" means an oral or written threat or physical gestures that communicate an intent to abuse or commit violence. Abusive or violent behavior may be verbal or physical and include use of expletives that are generally considered insulting, racial epithets, or other language, written or oral, that is customarily used to insult or intimidate; and

(B) Furnish evidence of citizenship or eligible immigrant status as provided for in 24 C.F.R. S5.508, which is incorporated by reference and attached as exhibit I.

(b) An applicant who is continuously assisted under the U.S. Housing Act of 1937 shall be admitted to the program as though the applicant was already a program participant.

(c) A participant shall not receive a voucher at the same time as other rent supplement or housing benefits including state rent supplement payments authorized under chapter 201G-236, Hawaii Revised Statutes.

(d) Before the corporation denies or terminates assistance on the basis of a criminal record, the corporation shall provide the applicant or participant with a copy of the criminal record and an opportunity to dispute the accuracy and relevance of that record pursuant to n 15-185-71 or 15-185-72.

Notes

Haw. Code R. § 15-185-22

[Eff DEC 03 2001] (Auth: HRS § 201G-15) (Imp: HRS § 201G-15; 24 C.F.R. §§ 5.216, 982.201, 982.202, 982.307, 982.551, 982.552, 982.553)