Haw. Code R. § 17-2033-13 - Eligibility for participation

To be eligible to participate or continue participation in the program, the applicant and applicant's household members or tenant and tenant's household members shall:

(1) Qualify as a household;

(2) Have an adjusted household income which does not exceed the applicable income limit;

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

(4) Have earning capabilities or whose financial situation gives reasonable assurance of meeting the rental payments on time as they become due;

(5) Not own, in whole or a majority interest in, a dwelling unit in the state of Hawaii;

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

(7) Be eligible for a monthly rent supplement payment of a minimum of $25 and not more than $500;

(8) Provide a social security number for all family members or certify that the person does not have a social security number;

(9) Meet all requirements of part VIII, chapter 356D, HRS;

(10) Have their primary place of residence in Hawaii;

(11) Not have a recent history of criminal activity involving crimes to persons or property or criminal acts that affect the health, safety, or right to peaceful enjoyment of the premises by other residents. A person convicted for such a crime shall not be eligible for participation in the program until three years after completion of probation or the serving of the sentence;

(12) Not have been evicted from any of the authority's housing programs for drug related criminal activity for three years prior to admission. For purposes of this subsection, in determining eligibility, the authority may consider whether the evicted applicant or household member has successfully completed a rehabilitation program approved by the authority, or whether the circumstances leading to eviction no longer exist;

(13) Not engage in any drug related 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;

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

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

(B) For the purposes of this subsection, in determining whether to deny eligibility based on a pattern of use of a controlled substance 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) effective October 1, 1999;

(15) Except for a newborn child, a person shall not be permitted to join or rejoin the household until it is verified that the person meets the eligibility requirements set forth in this section;

(16) Not engage in or threaten abusive or violent behavior toward the authority's staff. For purposes 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 racial epithets, or other language, written or oral, that is customarily used to intimidate;

(17) Not cause any harm or damage to the authority, its staff, agents, representatives, or programs; and

(18) Furnish evidence of citizenship or eligible immigrant status as provided for in 24 C.F.R. § 5.508, as it existed on April 7, 2016.

Notes

Haw. Code R. § 17-2033-13

[Eff 5/7/2017] (Auth: HRS §§ 356D-4, 356D-151, 356D-156) (Imp: HRS §§ 356D-153, 356D-155, 356D-156) Comp 1/20/2019 Comp 11/11/2023