Haw. Code R. § S8-15 - Vacancy loss payment application review and approval

(a) The authority shall review all vacancy loss payment request applications submitted by landlords or owners on a case-by-case basis.

(b) The authority shall withhold final approval of a vacancy loss payment request application until after the execution of the new HAP contract between a landlord or owner and the authority.

(c) The authority may deny a vacancy loss payment request application for the following reasons:

(1) The application is submitted more than thirty calendar days after the request for tenancy approval was submitted;

(2) The new move-in was cancelled or did not take place;

(3) The authority finds that the landlord was at fault for the preceding vacancy because of a failure to comply with federal and state nondiscrimination laws, due to a violation of the landlord-tenant code as set forth in Chapter 521, HRS, or any breach of the terms and conditions of the previous HAP contract;

(4) The landlord or owner previously qualified for and received a signing bonus payment under section S8-13 for the same dwelling unit.

(d) An application that cannot be validated by the appropriate documentation will be denied.

(e) The authority shall review each application in the order in which it is received. The authority shall credit a landlord or owner with a vacancy loss payment within thirty calendar days of the application's approval.

(f) If it is determined that a landlord or owner did not qualify for a vacancy loss payment or a payment was made in error, the landlord or owner shall be required to return the vacancy loss payment. The authority may also deduct the amount owed from future HAP payments if the vacancy loss payment was originally paid through federal funds.

Notes

Haw. Code R. § S8-15

Eff 10/19/2020 Eff 12/22/2020 Eff 3/16/2023 (Auth: HRS § 356D-13, SLH 2022, Act 287, §2) (Imp: SLH2022, Act 287, §2)