NOTICE OF PUBLIC HEARING
Pursuant to Sections 91-2 and 92-41, Hawaii Revised Statutes (HRS), the Hawaii Public Housing Authority (HPHA), Department of Human Services, hereby provides notice that it will hold public hearings on proposed changes to:
1) Chapter 17-2028, “Federally-Assisted Public Housing Projects”, Hawaii Administrative Rules (HAR); and
2) Repeal Chapter 15-185, “Section 8 – Housing Choice Voucher Program”, HAR, and adopt Chapter 17-2031, “Section 8 – Housing Choice Voucher Program”, HAR.
Background:
1) The HPHA developed and is proposing amendments to Chapter 17-2028 to enable the use of a lottery system during the application process for the Federal Public Housing Program and to ensure greater consistency with the Admissions and Continued Occupancy Policy (ACOP). The proposed amendments to Chapter 17-2028, HAR, are as follows:
a) Amend the title and chapter analysis to account for all new and amended section numbers, throughout.
b) Amend Section 17-2028-1, HAR, to clarify that the rules of this chapter serve as the Authority’s Admission and Occupancy Policy (ACOP).
c) In Section 17-2028-1, HAR, amend the definitions of “Admissions and Continued Occupancy Policy” or “ACOP”, “common areas”, “family”, hanai child” or “hanai children”, “live-in aide”, “refusal of an offer”, “sexual orientation”, “smoke” or “smoking”, and “staff”. Adopt new definitions for “household”, “police officer”, and “spouse”.
d) Amend Section 17-2028-9, HAR, to extend the applicability of rules regarding misrepresentation to live-in aide requests and agreements.
e) Amend Section 17-2028-21, HAR, to reflect that all public housing project applications are submitted electronically through the authority’s online application portal; clarify that selection for placement on the waiting list is not a final determination of eligibility or admission to a public housing project; and extend the prohibition on acts of misrepresentation to all of the authority’s programs.
f) Adopt Section 17-2028-23, HAR, to specify all requirements and screening criteria the Authority shall employ when determining if a live-in aide is eligible to live in a public housing project.
g) Amend Section 17-2028-37, HAR, to include attempted correspondence via email as a reasonable effort to contact an applicant; provide examples in which there may be a good cause for an applicant failing to keep a scheduled interview or provide requested information; and include language to allow for the removal of applicants from the waiting list who are unable to verify their qualification for meeting a preference after seven business days.
h) Amend Section 17-2028-39, HAR, to specify the percentages of units to be offered to applicants with and without preferences.
i) Amend Section 17-2028-52, HAR, to create exceptions for hanai children, foster children, and children placed within a parent’s guardianship by court-order as persons who may join or rejoin a household; include language to prohibit the addition of household members when it will require a larger size dwelling unit, with certain exceptions; and create a deadline by which any change to household composition must be reported.
j) Amend Sections 17-2028-24, -34, -36, and -38, HAR, to include lottery selection as an option for applicant placement to the waiting list; clarify how the Authority will notify interested parties of the opening/closing of waiting list and applicants of their selection, and provide other related programmatic information.
k) Remove Section 17-2028-60 (c) and (d), HAR.
l) Remove Section 17-2028-63 (b), HAR.
m) Clarify multiple references to “dwelling” units, throughout.
2) The HPHA is proposing the repeal of Chapter 15-185, HAR, and adoption of Chapter 17-2031, HAR, which is substantively the same, in order accurately reflect that the Authority is administratively attached to the Department of Human Services. Additional amendments are as follows:
a) Correct HAR title name to “Section 8 – Housing Choice Voucher and Project Based Voucher Program. Correct title numbers, subtitle numbers, and chapter numbers.
b) Change the department to which the HPHA is administratively attached to the “Department of Human Services.
c) Amend Section 17-2031-1, HAR, to clarify that that these rules set forth the HPHA’s Administrative Rules.
d) In Section 17-2031-3, HAR, amend the definitions of “adjusted income”, “annual income”, “assets”, “domestic violence”, “domiciled”, “drug related criminal activity”, “family”, “HAP”, “involuntarily displaced”, “live- in aide”, and “resident”. Adopt new definitions for “authority”, “child”, “criminal activity”, “disability”, “drug”, “foster child”, “foster parent”, “gender identify or expression”, “hanai child”, “household”, “near elderly”, “PBRA”, “PBV”, “RAD”, and “sexual orientation”. Remove the definitions of “corporation” and “certificate”.
e) Amend Section 17-2031-21, HAR, to clarify that material misrepresentations in any documentation or inquiries submitted to the HPHA shall make an applicant ineligible to apply for twelve months.
f) Amend Section 17-2031-22, HAR, to clarify that household members must meet all application requirements for admission. Clarify the requirements for providing a social security number (SSN) or alternatives for children under six who have not been assigned an SSN at the time of admission. Clarify that applicants previously evicted by the Authority, or any of its predecessors, since March 1, 1985 are ineligible, unless the eviction was due to a failure to pay rent and the applicant makes a full payment in arrears.
g) Amend Section 17-2031-25, HAR, to clarify each first priority preference. Remove language giving preference to elderly, disabled, or displaced families with up to two members preference over all single applicants.
h) Amend Section 17-2031-29, HAR, to clarify communication may be done electronically. Specify that some tenancy history may be provided to a prospective landlord if there is a criminal conviction.
i) Amend Section 17-2031-30, HAR, to clarify that the Authority shall maintain records showing if a family was admitted through U.S. Department of Housing and Urban Development (HUD) Targeted Assistance.
j) Amend Section 17-2031-31, HAR, to specify dwelling unit inspections will be conducted every other year, except under certain circumstances.
k) Amend Section 17-2031-55, HAR, to specify the use of Small Area Fair Market Rents and exceptions to the payment standard range may be subject to HUD approval or waiver.
l) Amend Section 17-2031-65, HAR, to clarify violations of federal, state, or local laws.
m) Amend Section 17-2031-94, HAR, to clarify that applicants to manage project-based assistance shall be referred to as the “housing provider” or “owner”.
n) Adopt Section 17-2031-99, HAR, to establish a project-based assistance cap and exceptions for when the Authority may exceed the cap.
o) Adopt Section 17-2031-100 to -110, HAR, to establish a Rental Assistance Demonstration (RAD) Program.
p) Amend Section 17-2031-54, -64, -65, and -72 HAR, to remove language related to the discontinued Certificate Program.
q) Amend Sections 17-2031-9, -22, -31, -53, -54, -65, -66, -71, and -72, HAR, to clarify that these policies are in full compliance of all associated federal laws, rules, and regulations as they existed on October 20, 2022.
r) Amend Sections 17-2031-25, -26, -29, and -66, HAR, to establish lottery selection as an option for applicant placement to the waiting list, clarify how the Authority will notify interested parties of the opening/closing of waiting list and applicants of their selection, and provide other related programmatic information.
s) Clarify multiple references to “dwelling” units, throughout.
Public Review: The proposed amendments to Chapter 17-2028, HAR, and the proposed new Chapter 17-2031, HAR, are available for public viewing at the HPHA’s School Street Campus and its site management offices on weekdays between 7:45 a.m. to 4:30 p.m.
Administrative Office, 1002 North School Street, Honolulu
Oahu: Puuwai Momi Office, 99-132 Kohomua Street, Aiea
Oahu: Kalihi Valley Homes Office, 2250 Kalena Drive, Honolulu
Oahu: Mayor Wright Homes Office, 521 North Kukui Street, Honolulu
Oahu: Kalakaua Homes Office, 1545 Kalakaua Avenue, Honolulu
Oahu: Kalanihuia Office, 1220 Aala Street, Honolulu
Oahu: Hale Poai Office, 1001 North School Street, Honolulu
Oahu: Waimaha Sunflower Office: 85-186 McArthur Street, Waianae
Oahu: Koolau Village Office: 45-1027 Kamau Place, Kaneohe
Oahu: Kauhale Nani Office: 310 North Cane Street, Wahiawa
Oahu: Palolo Valley Homes Office: 2107 Ahe Street, Honolulu
Oahu: Kuhio Homes Office: 1475 Linapuni Street, Honolulu
Hawaii: Lanakila Homes Office, 600 Wailoa Street, Hilo
Hawaii: Ka Hale Kahaluu Office, 78-6725 Makolea Street, Kailua-Kona
Hawaii: Noelani II Office, 65-1191 Opelo Road, Kamuela
Kauai: Kapaa Office, 4726 Malu Road, Kapaa
Maui: Kahekili Terrace, 2015 Holowai Place, Wailuku
Molokai: Kahale Mua, Maunaloa, Molokai
The proposals are also available on the HPHA’s website at:
http://www.hpha.hawaii.gov/referenceinformation/admin_rule.htm
Public Hearings: The public may participate in the Public Hearing electronically via Zoom using the following link:
https://us06web.zoom.us/j/83002897546?pwd=cUt0RWNWU1NTSCtnVXNCR0lZaGtldz09
When prompted, enter the Meeting ID: 847 7306 3087 and the Password: 1awrYU.
The public may also participate via telephone by calling 1-669-900-6833. When prompted, callers should enter the Meeting ID: 847 7306 3087 and the Password: 229214. The HPHA requests that participants change their display name to their first and last name.
Public hearings will be held at the following locations on:
Monday, December 5, 2022, at 6:00 p.m.
Physical Meeting Location: The public may attend the public hearing at 1002 North School Street, Building A Conference Room, Honolulu, Hawaii 96817, which will be connected to the remote meeting via Zoom.
All interested persons are invited to provide oral or written comments on either proposal. All comments received will be considered and incorporated appropriately into the amended plan.
Oral comments may be presented during the public hearing. Persons who cannot attend the hearing and prefer not to provide written comments may call (808)
436-7183 to submit their comments as a voicemail message.
Written comments may be presented to the presiding officer at the public hearing, or mailed to the Hawaii Public Housing Authority, ATTN: Benjamin Park, at 1002 North School Street, Honolulu, Hawaii 96817. Written comments may also be faxed to (808) 832-4679 or sent by electronic mail to benjamin.h.park@hawaii.gov. Written comments not presented at the public hearing should be received by the HPHA’s Administrative Office by 4:30 p.m. Monday, December 5, 2022.
If you need an auxiliary aid/service or other accommodation due to a disability, contact Benjamin Park at (808) 832-4693 as soon as possible, preferably by November 28, 2022. If a response is received after November 28, 2022, the HPHA will attempt to obtain the auxiliary aid/service or accommodation, but cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate forms such as large print, Braille, or electronic copy.
HAKIM OUANSAFI
Executive Director
Hawaii Public Housing Authority
Department of Human Services
The HPHA does not discriminate against any person because of race, color, religion, sex, physical or mental disability, familial status, ancestry/national origin, age, marital status, HIV infection or sexual orientation and gender identity.
(SA/HTH/WHT/TGI1392410 11/4/22)
