Current through August, 2024
(a) A tenant
shall give the authority at least thirty days written notice prior to the date
that the tenant will withdraw from participation in the program.
(b) The authority may terminate a tenant's
participation in the program when a tenant has:
(1) Established a pattern of late rent
payments or is chronically delinquent with rent payments;
(2) Submitted false or misleading information
or willfully withheld important information from the authority;
(3) Violated any provision of the rules or
chapter 356D, HRS, as related to this program;
(4) Had the rental agreement terminated by
the housing owner; or
(5)
Transferred without prior approval to a dwelling unit of same or higher rent
that does not meet the authority's occupancy standards.
(c) If a tenant has submitted false or
misleading information or has willfully withheld important information which
reduced the tenant's allocable monthly share of rent, the tenant shall
reimburse the authority for the amount of supplemental overpayment. Repayment
shall be made in accordance with a repayment plan as approved by the
authority.
(d) The authority may
terminate the rent supplement agreement when a tenant, any member of the
tenant's household or guest or other person under the tenant's control:
(1) Engages in the illegal use of a
controlled substance;
(2) Whose
illegal use of a controlled substance, or abuse of alcohol, is determined by
the authority to interfere with the health, safety, or right to peaceful
enjoyment of the premises by other residents;
(3) Engages in criminal activity that
interferes with the health, safety, or right to peaceful enjoyment of the
premises by other residents; or
(4)
Engages in any drug related criminal activity on or off the premises assisted
by the program.
(e) The
authority shall give a tenant thirty days written notice prior to the date of
termination of the rent supplement agreement.
(f) A housing owner shall give the authority
thirty days written notice prior to the date the housing owner plans to
withdraw from the program.
(g) The
authority may reduce the maximum rent supplement payment, prorate, suspend or
terminate the rent supplement agreement, as represented in exhibit B, entitled
"Insufficient Funds - Reduction, Proration, and Suspension: Sample
Calculations", dated August 1, 2018, located at the end of this chapter, based
on the amount of funding available for the program.
(1) In the event the authority does not
receive sufficient funding to maintain the rent supplement program at full
capacity, the authority may prorate, suspend or terminate the housing
assistance payment, providing the tenant thirty days written notice;
(2) If there are insufficient funds to
sustain the program, the maximum rent supplement amount will first be reduced
from $500 to $400 for one or more months;
(3) If additional reductions are needed, rent
supplement payments will be prorated equally amongst all participants by
dividing the funding available and the length of time remaining in the fiscal
year, and determining the percentage all payments will be reduced to sustain
the program through the year;
(4)
If the proration percentage is over fifty-percent, the program will be
suspended for one or more months, as needed;
(5) If suspended, families will retain the
opportunity to be reinstated within the program once sufficient funding becomes
available, following a reevaluation of eligibility:
(A) A reexamination, mandated under §
17-2033-33, will not be conducted
on suspended participant until the effective date the participant is actively
reinstated in the program; and
(B)
A suspended participant must continue to meet all eligibility criteria set
forth in §
17-2033-13; and
(6) If terminated due to an
insufficient program appropriation, the family will be eligible to reapply for
the program when the waitlist is opened.
