HAR §17-2028-57. Tenant transfers

(a) Tenant transfers shall be made without regard to race, sex, color, creed, age, religion, gender identity, sexual orientation, handicap, national origin, or familial status. (b) The authority may transfer a family to another dwelling unit: (1) To prevent overcrowding or under utilization of a dwelling unit as determined by the authority at the time of the annual or interim reexamination; (2) To preserve the purpose for which a project or unit was specifically developed or designed such as to meet the needs of the elderly or persons with disabilities; (3) Based on an emergency where conditions of the dwelling unit, building or project pose an immediate, verifiable threat to life, health or safety of the family; (4) For economic reasons affecting the tenant or the authority; (5) For administrative reasons determined by the authority including, but not limited to, permitting modernization, renovation, or rehabilitation work and transferring eligible tenants with disabilities from State-aided public housing projects to federally-assisted public housing projects; or (6) As a reasonable accommodation. (c) Tenant transfers may take priority over new admissions. (d) A family shall be afforded one offer to transfer to a unit that meets the criteria set forth in (b) above within the same housing project in which the family resides. If such unit is not available, the family may then be offered a unit in another housing project under the control of the management unit. If such a unit is not available, the family may then be offered a suitable unit on the island on which the family resides. Declining an offer to transfer 2028-37 3105 §17-2028-57 for good cause as determined by the authority shall not be considered a refusal. (e) A family requesting a transfer shall not be transferred during periods when eviction proceedings have been initiated or are in process against such family, which includes the issuance of a notice of violation of the rental agreement by the authority for which the authority is seeking eviction, or scheduling a grievance hearing related to same or during any periods of conditional deferment of eviction action against such family. (f) A family requesting a transfer, who is not current with rent or other charges, and who does not have an approved payment arrangement shall not be transferred until the situation is resolved to the satisfaction of the authority. (g) A family shall not be transferred between any federally-assisted housing programs. (h) The authority may terminate the rental agreement of a family who refuses to transfer as required by the authority. [‘Eff 7/21/05; am and comp 9/4/07; am and comp MAY24 2014 i (Auth: HRS §356D-4, 3561D-l3) (Imp: 24 C.F.R. §966.4; HRS §356D-4, 356D-13, 356D-31)