Haw. Code R. § 17-2028-23 - Eligibility for a live-in aide

(a) For a person to be eligible to live in a public housing project as a live-in aide solely to assist a family member with disabilities in daily living activities, such as bathing, meal preparation and delivery, medicinal care, transportation, and physical. activities, an applicant or family member must have a request for a live-in aide approved by the authority. The proposed live-in aide shall meet the requirements set forth below:

(1) The proposed live-in aide shall:

(A) Not have an outstanding debt owed to the authority;

(B) Not have been evicted from a public housing program administered by the authority. If the proposed live-in aide was evicted solely due to failure to pay rent, the proposed live-in aide can only be added to the household upon payment in full of the unpaid amount owed to the authority;

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

(D) Not have been convicted of drug-related criminal activity for the manufacture, production, or distribution of methamphetamines;

(E) Not currently or during a three-year period preceding the date when the household requested approval for the proposed live-in aide, be engaged in criminal actively involving crimes against persons or property that is a threat to the health, safety, or property of others. For purposes of this subsection, in determining eligibility, the authority shall consider whether a person convicted for such a crime has successfully completed a rehabilitation program approved by the authority, or whether the circumstances leading to the criminal conviction no longer exist;

(F) Not have been evicted from assisted housing by reason of drug-related criminal activity for a three-year period beginning on the date of the eviction unless the evicted proposed live-in aide successfully completes a supervised drug rehabilitation program approved by the authority.

(G) Not currently or during a three-year period preceding the date of the request for a live-in aide engage in any drug-related criminal activity or violent criminal activity or other criminal activity involving assault, terroristic threatening, firearms, dangerous weapons, harassment, kidnapping, sexual assault, extortion, forgery, burglary, unauthorized entry into a dwelling, unauthorized entry into a motor vehicle, criminal property damage, criminal trespass on public housing property, disorderly conduct, child pornography, and consuming liquor on public housing property, which is considered as reasonably likely to adversely affect the health, safety, right to peaceful enjoyment of the premises by other tenants, the authority, or staff;

(H) Not be currently engaging in the illegal use of a drug or give the authority reasonable cause to believe that the proposed live-in aide's illegal use or pattern of illegal use of a drug or abuse of alcohol may interfere with the health, safety or right to peaceful enjoyment of the premises by other tenants. For purposes of this subsection:

(i) "Currently engaging in" means the person has engaged in the behavior recently enough to justify a reasonable belief that the behavior is present and ongoing; and

(ii) In determining whether to deny eligibility based on a pattern of illegal use of a drug or a pattern of abuse of alcohol, the authority may consider rehabilitation as provided for under 42 U.S.C. § 13661(b)(2)(A)-(C)

(I) Not be subject to any lifetime requirement in any state for any state sex offender's program.

(J) Provide a social security number or certify that the proposed live-in aide does not have a social security number;

(K) Disclose the proposed live-in aide's tobacco use;

(L) Not engage in or threaten abusive or violent behavior toward the authority's staff. For purpose of this subsection, "threaten" means an oral or written threat or physical gestures that communicate 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, intimidate, or threaten;

(M) Furnish evidence that the proposed live-in aide is a resident as defined in section 17-2035-2; and

(N) Not have or bring any pet or animal, into the dwelling unit on a temporary or permanent basis.

Notes

Haw. Code R. § 17-2028-23

[Eff 7/21/05; am and comp 9/4/07; am and comp MAY 24 2014] (Auth: HRS §§ 356D-4, 356D-13) (Imp: 24 C.F.R. §960.208; HRS §§ 356D-4, 356D-13, 356D-31) Comp 1/20/2019 Comp 2/17/2022 Eff and comp 12/31/2022; comp 11/11/2023

The amended version of this section by Hawaii Administrative Rules Listing of Filings, 2024-01, August, eff. 8/28/2024 is not yet available.