Haw. Code R. § 15-186-46 - Tenant transfers

(a) Tenant transfers will be made without regard to race, sex, color, religion, marital status, familial status, ancestry, disability, or HIV (human immunodeficiency virus) infection.

(b) The corporation may transfer a tenant to another dwelling unit:

(1) To prevent overcrowding or under utilization of a dwelling unit as determined by the corporation at the time of the annual or interim reexamination;

(2) To preserve the purpose for which a project or unit was specifically developed or designed such as to meet the needs of the elderly, or a person with disabilities;

(3) To meet a verifiable health or safety need; or

(4) For economic reasons affecting the tenant or the corporation.

(c) Tenant transfers shall take priority over new admissions.

(d) Tenant shall be afforded one offer to transfer to a unit that meets the criteria set forth in subsection (b) within the same housing project in which the tenant resides. If such unit is not available, tenant may then be offered a unit in another housing project under the control of the management unit. If such a unit is not available, tenant may then be offered a suitable unit on the island on which tenant resides. Declining an offer to transfer for good cause as determined by the corporation shall not be considered a refusal.

(e) Tenant shall not be transferred during periods when eviction proceedings have been initiated or are in process against such tenant or during any period of conditional deferment of eviction action against such tenant.

(f) Tenant who is not current with rent or other charges and who does not have an approved payment arrangement will not be transferred until the situation is resolved to the satisfaction of the corporation.

(g) The corporation may terminate the rental agreement of a tenant who refuses to transfer as required by the corporation.

Notes

Haw. Code R. § 15-186-46

[Eff DEC 01 2003] (Auth: HRS § 201G-4) (Imp: HRS § 5201G-4, 2016-32)