HAR §17-2028-39. Offers

(a) An applicant shall be afforded one offer to rent a Suitable unit. (b) The offer to eligible applicants shall be made in sequence based upon the fOllowing: (1) Size of dwelling unit required; (2) Type of dwelling unit required (e.g. accessible units for the mobility, hearing or visually impaired); (3) Local preferences, subject to income targeting and deconcentration Policies and goals; and (4) Date and time the application was received. (c) Upon refusal of one offer, Without good cause, the applicant’s name will be cancelled from the waiting list on which the applicant’s name has been placed. (d) An applicant shall not be Considered to have been offered a unit if an offer has been declined for good cause. Good cause may include, but is not limited to the following: (1) The unit is not of the proper size or type and the applicant would be able to reside there only temporarily (e.g., a specially designed unit that is awaiting a person with a disability needing such a unit); (2) The unit offered is Unsuitable for health or safety reasons for the applicant; (3) The applicant is unable to move at the time of the offer and presents clear evidence which substantiates this to the authority’s satisfaction, including, but not limited to: (A) A doctor verifies that the applicant has just undergone major surgery and needs a period to recuperate; (B) A court verifies that the applicant is serving on a jury which has been sequestered; or (C) A landlord verifies that the applicant has an existing rental agreement that cannot be breached Without causing- undue financial hardship. 2028-31 13105 §17-2028-39 (4) The applicant’s acceptance of the offer would result in undue hardship not related to consideration of race, color, national origin, or language and the applicant presents evidence which substantiates this to the authority’s satisfaction (e.g., inaccessibility to source of current employment or day care facilities) . LEft 7/21/05; am and comp 9/4/07; am and comp MAY242014 I (Auth: HRS §356D-4, 356D-13) (Imp: 24 C.F.R. §96D.202, 960.203, 960.206, 960.208; HRS §356D-4, 356D-13, 356D-3l) §17-2028-40 Occupancy of accessible dwelling units. (a) The authority shall take the following nondiscriminatory steps to maximize the utilization of accessible units by eligible individuals whose disability requires the accessibility features of the particular unit. When an accessible unit becomes vacant the authority shall, before offering such units to an applicant without a disability, offer such unit: (1) First, to a current occupant of another unit of the same project or other projects within the same housing program, having disabilities requiring the accessibility features of the vacant unit and Occupying a unit not having such features, or, if no such occupant exists, then (2) To an eligible qualified applicant on the waiting list having a disability requiring the accessibility features of the vacant unit. (b) When an applicant accepts an accessible unit, and the applicant does not have a disability that requires the accessibility features of the unit, the applicant shall be required to agree to move to a non-accessible unit when one becomes available [Eff 7/21/05; am and comp 9/4/07; am and comp MAY242014 I (Auth: §356D-4, 356D-l3) (Imp: 24 C.F.R. §8.27, ; HRS §356D-4, 356D-13, 356D-31) 2028-32 1nc §17-2028-52 SUBCHAPTER 4 OCCUPANCY AND RENTAL AGREEMENT