NOTICE OF PUBLIC HEARING
Pursuant to Sections 91-2 and 92-41, Hawaii Revised Statutes, the Hawaii Public Housing Authority (HPHA), Department of Human Services, hereby provides notice that it will hold public hearings on the proposed changes to:
1) Chapter 17-2033, “Rent Supplement Program”, Hawaii Administrative Rules (HAR); and
2) Proposed repeal of Chapter 15-195, “Section 8 Homeownership Option Program,” HAR, and proposed adoption of Chapter 17-2036, “Section 8 Homeownership Option Program”, HAR.
Background:
1) In order to include additional procedures to allow for the proration of funds and specify when the HPHA will suspend and terminate the program due to insufficient funds, as well as other clarifying information, amendments to Chapter 17-2033, HAR, were developed for adoption and compilation. The proposed amendments to Chapter 17-2033, HAR, are as follows:
a. Adding in Section 17-2033-25, HAR, that an applicant who is denied because they are found to be ineligible will be notified of their denial in writing;
b. Clarifying in Section 17-2033-31, HAR, that rent supplement payments will continue as long as the family is in compliance with the program’s obligations;
c. Adding in Section 17-2033-31, HAR, that maximum monthly payments may be reduced below $500;
d. Clarifying in Section 17-2033-33, HAR, that a tenant’s allocable rent share may be adjusted retroactively to the date of the income change;
e. Adding in Section 17-2033-44, HAR, that in addition to suspending or terminating the program due to insufficient funding, the Agency may reduce the maximum rent supplement amount and prorate funds first, laying out requirements for all options; and
f. Adding an Exhibit B, entitled “Insufficient Funds – Reduction, Proration, and Suspension: Sample Calculations,” to the HAR, providing examples of how a participant’s rent supplements will be affected if reduced, prorated, or suspended.
2) Due to the changes in title number and department to which HPHA is administratively attached, and other extensive changes to Chapter 15-195, HAR, HPHA proposes to repeal Chapter 15-195, HAR, and adopt Chapter 17- 2036, HAR in its place. The differences between the Chapters are:
a. Changing title numbers from Title 15, HAR, to Title 17, HAR, changing subtitle numbers 14, HAR, to Subtitle 5, HAR, and changing chapter numbers from Chapter 195, HAR, to Chapter 2036, HAR;
b. Changing the state departments to which the HPHA is administratively attached, from “Department of Business, Economic Development and Tourism,” to “Department of Human Services,” and replacing references to “Housing and Community Development Corporation of Hawaii” or “Corporation” with the “Hawaii Public Housing Authority” or “Authority,” to accurately reflect the current title of the agency, and replace references to Chapter 201G, HRS with Chapter 356D, HRS, throughout;
c. Revising and adding definitions, including “family,” and “gender identity or expression,” to old Section 15-195, HAR, to read as new Section 17- 2036-2, HAR;
d. Adding under old Section 15-195-3, HAR, to read as new Section 17- 2036-3, HAR, gender identity” and “sexual orientation” as protected classes against nondiscrimination, consistent with the U.S. Fair Housing Act;
e. Adding to qualification requirements that applicants shall not engage in or threaten abusive or violent behavior toward the Authority’s staff, under old Section 15-195 to read as new Section 17-2036, HAR;
f. Clarifying the minimum income requirements for disabled and elderly, and the regard for welfare assistance income under old Section 15-195, HAR, to read as new Section 17-2036, HAR;
g. Removes minority newspapers and adds posting on the Authority’s website as sources for notice of publication when closing and reopening the wait list under old Section 15-195-31, HAR, to read as new Section 17-2036-31, HAR;
h. Clarifies that independent inspectors for dwelling units shall be qualified to report on property conditions including major building systems and components under old Section 15-195-42, HAR, to read as new Section 17-2036-42, HAR;
i. Removes the Authority’s ability to disapprove terms of the mortgage loan under old Section 15-195-44, HAR, to read as 17-2036-44, HAR; and
j. Removes Section 15-195-53, HAR, “Recapture of Homeownership Assistance”, as the federal regulation authorizing recapture was removed from the Code of Federal Regulations.
Public Review: The proposed changes to Chapter 17-2033, HAR, and proposed repeal of Chapter 15-195, HAR, and adoption of Chapter 17-2036, HAR, are available for public viewing at the HPHA and site management offices at the following locations between 7:45 a.m. to 4:30 p.m.
HPHA’s Administrative Offices, 1002 N. 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 N. Kukui Street, Honolulu
Oahu: Kalakaua Homes Office, 1545 Kalakaua Avenue, Honolulu
Oahu: Kalanihuia Office, 1220 Aala St., Honolulu
Oahu: Hale Poai Office, 1001 N. 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 St., 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
And, also available on the HPHA website at HYPERLINK:
http://www.hpha.hawaii.gov/referenceinformation/admin_rule.htm
Public Hearings: Public hearings will be held at the following locations on
Thursday, November 8, 2018 at 5:00 p.m.:
Hawaii Public Housing Authority (HPHA) Kealakehe Housing Project
1002 N. School Street, Bldg. “A” Resident Association Meeting Room
Honolulu, Hawaii 96817 74-991 Manawalea St. #A101
Kailua-Kona, Hawaii 96740
Lanakila Homes Conference Room Kapaa Community Hall
600 Wailoa Street 4726 Malu Road
Hilo, Hawaii 96720 Kapaa, Hawaii 96746
Kahekili Terrace Office/Community Hall
2015 Holowai Place
Wailuku, Hawaii 96793
All interested persons are invited to provide comments relating to the proposed amendments to 17-2033, HAR, or proposed repeal of Chapter 15-195, and adoption of Chapter 17-2036, HAR, either orally or in writing.
Oral comments should be presented at the public hearing. All oral and written testimony presented at the public hearing will be considered in preparing the amendments to Chapter 17-2033, as well as the repeal of Chapter 15-195 and adoption of Chapter 17-2036, HAR. Testimony on changes to Chapter 17-2033 will be accepted first. When testimony on proposed changes to Rent Supplement Program is completed, HPHA will accept testimony on the proposed repeal of Chapter 15-195, and adoption of Chapter 17-2036. Persons who cannot attend the hearing and prefer not to provide written comments may phone (808) 721-3512 and leave 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, Attention: HAR Comments, at 1002 North School Street, Honolulu, Hawaii 96817. Written comments may also be faxed to (808) 832-4679, or sent by electronic mail to hpha@hawaii.gov. Written comments not presented at the public hearing should be received at HPHA office in Honolulu by 4:30 p.m. Thursday, November 8, 2018.
Any person requiring assistance to participate, such as large print, taped materials, interpreters for sign language or limited English proficiency, etc., should make a request to HPHA at least ten working days prior to the public hearings in order to allow time to make arrangements. Requests can be made by writing to HPHA at the address above or by calling (808) 832-4693.
Hakim Ouansafi
Executive Director
Hawaii Public Housing Authority
Department of Human Services
HPHA does not discriminate against any person because of race, color, religion, sex, disability, familial status, ancestry, age, marital status, or HIV infection.
October 9, 2018
(SA1139023 10/9/18)
