Haw. Code R. § 17-2028-39 - Offers
(a) An applicant shall be afforded one offer
to rent a suitable dwelling unit.
(b) The offer to eligible applicants shall be
made in sequence based upon the following:
(1) Size of dwelling unit required;
(2) Type of dwelling unit required (e.g.,
accessible dwelling units for the mobility, hearing or visually
impaired);
(3) Local preferences,
subject to income targeting and deconcentration policies and goals;
and
(4) Date and time the
application was received; or
(5)
Lottery selection, so long as all adopted preferences are considered.
(c) Upon refusal of one offer,
without good cause, the applicant's name will be removed from the waiting list
on which the applicant's name has been placed.
(d) An applicant shall not be considered to
have been offered a dwelling unit if an offer has been declined for good cause.
Good cause may include, but is not limited to the following:
(1) The dwelling unit is not of the proper
size or type and the applicant would be able to reside there only temporarily
(e.g., a specially designed dwelling unit that is awaiting a person with a
disability needing such a dwelling unit);
(2) The dwelling unit offered is unsuitable
for health or safety reasons for the applicant;
(3) The applicant is unable to move at the
time of the offer and presents clear evidence which substantiates this to the
authority's satisfaction, including, but not limited to:
(A) A doctor verifies that the applicant has
just undergone major surgery and needs a period of time to
recuperate;
(B) A court verifies
that the applicant is serving on a jury which has been sequestered;
or
(C) A landlord verifies that the
applicant has an existing rental agreement that cannot be breached without
causing undue financial hardship.
(4) The applicant's acceptance of the offer
would result in undue hardship not related to consideration of race, color,
national origin, or language and the applicant presents evidence which
substantiates this to the authority's satisfaction (e.g., inaccessibility to
source of current employment or day care facilities).
(e) Not less than fifty per cent of all
available dwelling units shall be for applicants without preference and up to
fifty per cent of available dwelling units shall be for applicants with
preference.
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