Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Hawaii Public Housing Authority
Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES
Subchapter 1 - GENERAL PROVISIONS
Section HPHA-RS-1.0 - Findings

(a) The Governor of the State of Hawaii has determined and proclaimed that the homeless situation in the State of Hawaii is an emergency contemplated by section 127A-14, Hawaii Revised Statutes ("HRS"), and that this homeless emergency continues, as evidenced by his Proclamation dated October 16, 2015, and Supplementary Proclamations dated October 26, 2015, December 24, 2015, February 19, 2016, and April 22, 2016 ("Emergency Proclamations");

(b) Section 127A-2, HRS, defines "emergency" as "any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property";

(c) There is an imminent peril to the public health, safety, or morals, or to natural resources as the Governor has declared a homeless emergency in the State of Hawaii through his Emergency Proclamations;

(d) By Proclamation dated October 16, 2015, the Governor directed all state agencies and officers to cooperate with and extend their services, materials, and facilities as may be required to assist in all efforts to address the objectives of his proclamation in addressing the homeless situation;

(e) By Supplementary Proclamation dated October 26, 2015, the Governor expanded the purpose of his original Proclamation to include all efforts necessary to respond to the current homeless emergency and that state agencies endeavor to include a coordinated response among participating state, county, and private agencies that includes assisting with providing services, training, and opportunities to the homeless population and employing relocation efforts;

(f) The authority agrees with Governor's determination in his Proclamation dated October 16, 2015, that "the lack of secure, safe, and sanitary shelter, and adequate health and social services, for this large number of people without homes is endangering the health, safety, and welfare of the people, including families and children, and poses a threat to the environment, and demands emergency action to prevent or mitigate suffering, injury, loss, or damage";

(g) The authority finds that homelessness presents an immediate threat to the health and safety of unsheltered individuals and families, including an impact on social determinants of health, increased exposure to the elements, communicable diseases, and unsanitary conditions;

(h) There is an ongoing need for long-term housing and permanent housing to serve homeless individuals and families as evidenced by the Second Supplementary Proclamation dated December 24, 2015, and Third Supplementary Proclamation dated February 19, 2016;

(i) There is a disparity between income and housing which is a barrier to permanent housing, and rental subsidy programs can address this barrier for individuals and families who are currently experiencing homelessness.

(j) Homeless emergency shelters and homeless transitional shelters provide only temporary shelter for those who are homeless and do not constitute permanent housing;

(k) Individuals and families residing in homeless emergency shelters or homeless transitional shelters need to relocate and have access to permanent housing;

(l) These emergency rules assist eligible homeless individuals and families residing in and receiving services from emergency or transitional shelters by providing them a special rental subsidy to help them transition into and secure permanent housing;

(m) The rental subsidy programs have been implemented in Hawaii for over two decades;

(n) Rental subsidy programs make better use of existing inventory, ameliorate the need for government agencies to construct and maintain new buildings, and provide economic benefit for those with available units;

(o) These emergency rules assist shelter providers with placing their clients into permanent housing and provide six months of continuous follow up case management;

(p) The special rent supplement program administered by these emergency rules encourages unsheltered individuals and families experiencing homelessness to enter into emergency or transitional shelters so they become eligible for the permanent housing assistance and case management available thru this special program;

(q) These rules support shelter facilities that assist homeless individuals and families seeking help thereby creating a strong continuum of care;

(r) These emergency rules are necessary to provide emergency relief and implement the Governor's emergency homeless initiatives set forth in the Emergency Proclamations; and

(s) Based on the above, there is an imminent peril to the public health, safety or morals, or to natural resources caused by the homeless situation requiring immediate adoption of these emergency rules upon less than thirty days' notice of hearing.

(t) These findings are based on the authority Board of Director's personal knowledge and professional experiences.