Haw. Code R. § 15-193-21 - Eligibility for admission

To be eligible for admission to a housing project, an applicant and household members shall meet the requirements set forth in section 15-193-20, and shall:

(1) Qualify as a family;

(2) Have an income that does not exceed the applicable income limit;

(3) Have assets that do not exceed the applicable limit;

(4) Not own a majority interest in fee simple or leasehold lands suitable for dwelling purposes, or a majority interest in lands under any trust agreement or other fiduciary arrangement in which another person holds the legal title to such land on or after DEC 13 2001.

(5) Not have a record of conduct or behavior within three years of the projected date of admission which may be detrimental to the project, its tenants, or employees;

(6) Not have a recent history of criminal activity involving crimes to persons or property or other criminal acts that may adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents. For purposes of this subsection, in determining eligibility, the corporation shall consider whether a person convicted for such a crime has successfully completed a rehabilitation program approved by the corporation, or whether the circumstances leading to the criminal conviction no longer exists;

(7) Not have been evicted from any of the corporation's housing programs for drug-related criminal activity for three years. For the purposes of this subsection, in determining eligibility, the corporation shall consider whether the evicted applicant or household member has successfully completed a rehabilitation program approved by the corporation, or whether the circumstances leading to eviction no longer exist. This subsection does not apply to an applicant or household member ineligible under section 15-193-20(a)(2);

(8) Not engage in any drug-related criminal activity or violent criminal activity. For the purposes of this subsection, "violent criminal activity" means any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another;

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

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

(B) 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 4 2 U.S.C. § 13661(b)(2)(A)-(C), effective October 1, 1999, which is incorporated by reference and attached as exhibit C;

(10) Provide a social security number for all family members who are over five years old or certify that the person does not have a social security number; and

(11) Furnish evidence that the applicant is a citizen of the United States or a resident alien.

Notes

Haw. Code R. § 15-193-21

[Eff DEC 13 2001] (Auth HRS § 201G-4) (Imp: HRS § 201G-4, 201G-42)