HAR §17-2028-58. Backcharges

(a) A family shall pay in full any backcharges within ninety days from the date of notification of the backcharge; provided that where the family timely reports a change in income to the authority and a backcharge results from an increase in income, payment for any backcharges shall not be due until ninety days from the date of a completed reexamination or interim rent adjustment. Failure to do so shall result in the termination of the rental agreement. (b) The authority may, in its discretion, elect to negotiate a reasonable payment arrangement with a family to ensure payment in full of any backcharges. When the authority determines not to exercise this discretion, the family shall be responsible for the 2028 -38 3105 §17-2028-59 full balance of backcharges as stated in subsection (a) . [Eff 7/21/05; am and comp 9/4/07; am and comp MAY242UM ] (Auth: I-IRS §356D-4, 3560-13) (Imp; 24 C.F.R. §966.4; HRS §356D-4, 3560-13, 3560- 31) §17-2028-59 Rental agreement terminatj (a) A family shall give the authority at least twenty- eight days written notice that the family will vacate the family’s unit prior to the vacate date. (b) The authority may terminate a rental agreement when the tenant, any member of the tenant’s household, or any guest or other person under the tenant’s Control: (1) Fails to observe or perform any covenant or obligation of the rental agreement, or rule of the authority or housing project, or law or ordinance of a government agency that pertains to or establishes standards of Occupancy. This includes but is not limited to the following: (A) Serious or repeated violation of the material terms of the rental agreement, including failure to make payments due or fulfill household obligations set forth in the rental agreement; (B) Failure to provide family income, assets, employment and composition information and documentation to enable the authority to determine the family’s rental rate and eligibility for continued Occupancy; (C) Family no longer conforms to the occupancy limits as established by the authority for the unit occupied by the family and the family refuses to move to the first appropriate Size unit of fered; (0) When requested by the authority due to health and safety, repair, abatement, construction or renovation of the 2028 -39 i3105 §17-2028-59 dwelling unit, the family refuses to move; (E) Family is ineligible for continued Occupancy; (F) Failure of a family member to comply with community service requirement provisions of 24 C.F.R. part 960, subpart F as it existed March 28, 2013, provided that such failure shall result in non-renewal of rental agreement and termination of tenancy at the end of the twelve-month rental agreement term; (G) At the time of admission reexamination, interim or at any other time, the family has submitted false information or has withheld valuable information or has made wilful misstatements; and (H) Family fails to accept the authority’s offer of a revision to the existing rental agreement. (2) Engages in the illegal use of a drug or gives the authority reasonable cause to believe that the illegal use (or pattern of illegal use) of a drug or abuse (or pattern of abuse) of alcohol may interfere with the health, safety, or right to peaceful enjoyment of the premises by other tenants; (3) Who the authority determines engages in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other tenants; (4) Who the authority determines engages in any drug-re1at criminal activity on or near the authority’s premises; (5) Threatens the health or safety of an employee, contractor or agent of the authority or State; (6) Violates the smoking prohibitions pursuant to section 17-2028-60 on more than three occasions and receives written notice of said violations; provided that if tenant, 2028 -40 31flL §17-2028-59 any member of the tenant’s household, or any guest or other person under the tenant’s control receives only one violation of section 17-2028-60 in one year, and participates in and completes a smoking cessation service program within the same year, the authority will clear the one violation and shall not deem the incident as a violation for the following year; (7) Fails to maintain utility services; (8) Has been convicted of a felony during the term of the tenancy, and the felony is related to the authority’s property or funds, the resident association or tenant association’s property or funds, homicide, assault, terroristic threatening, firearms, dangerous weapons, kidnapping, sexual assault, extortion, burglary, unauthorized control of propelled vehicle, and criminal property damage. This subsection does not apply to tenant’s guest or other person under tenant’s control; (9) Flees to avoid prosecution, or custody or confinement after conviction, for a crime, or attempt to commit a crime, that is a felony under the laws of the place from which the individual flees; (10) Violates a condition of probation or parole imposed under federal or state law; or (11) Engages in wilful damage to the authority’s property. (c) The authority shall give a tenant written notice of the proposed termination of the rental agreement that conforms to 24 C.F.R. §966.4 as it existed on March 28, 2013, such as: (1) Fourteen days in the case of failure to pay rent except for nonpayment of minimum rent during the 90-day period beginning the month following the family’s request for a financial hardship exemption pursuant to section 17-2028-61(b); 2028-41 3105 §17-2028-59 (2) A reasonable time commensurate with the exigencies of the situation in the case of creation or maintenance of a threat to the health or safety of other tenants or project employees; or (3) Thirty days in all other cases. The authority shall terminate a rental agreement in accordance with chapter 356D, HRS. (d) The authority may terminate a rental agreement if any member of the family engages in the use of marijuana, even if pursuant to a lawful prescription under part ix of the Hawaii uniform controlled substances act as it existed on March 28, 2013. [Eff 7/21/05; am and comp 9/4/07; am and comp MAY242O4 I (Auth: 24 C.F.R. §966.4; §356D-4, 356D-l3; 356D-98) (Imp: 24 C.F.R. §966.4; HRS §356D-4, 35613-13, 356D-31, 35613-92) §17-2028-60 Smoking prohibited (a) Smoking is prohibited in all public housing projects, or portions of public housing projects, including inside dwelling units, unless specifically exempted by the authority in the ACOP, including: (1) In all common areas and comrnunity facilities in and around the authorityTs public housing projects. The authority may designate additional common areas in the ACOP; and (2) Within a Presumptively reasonable minimum distance of twenty feet from entrances, exits, and Windows that open to common areas, community facilities, and dwelling units, and ventilation intakes that serve common areas, community facilities, and dwelling units, including enclosed or Partially enclosed areas where smoking is prohibited (b) This prohibition applies to the use of marijuana, even if its use is pursuant to a lawful prescription under part ix of the Hawaii uniform controlled substances act as it existed on March 28, 2028-42 3105 §17-2028-60 2013 that was given subsequent to tenant placement in the dwelling unit. (c) Where smoking is not prohibited in a dwelling unit pursuant to subsection (a) and the household includes a person who smokes as disclosed pursuant to section 17-2028-22, the family shall pay a non-refundable monthly fee of $5.00. (d) The authority may discontinue the monthly fee required in subsection (c) when a family can demonstrate to the authority reasonable cause to believe that no member of the household continues to smoke. For the purposes of this subsection: (1) “Reasonable cause to believe” means by a preponderance of the evidence; and (2) In determining whether to discontinue charging the monthly fee, the authority may consider completion of a smoking cessation program. [Eff and comp MAY 242014 ] (Auth: §356D-4, 356D-13) (Imp: 24 C.F.R. §903.7, 966.3; HRS §356D-4, 356D-l3, 356D-31) 2028-43 ‘1n §17-2028-61 SUBCHAPTER 5 RENTS, SECURITY DEPOSITS, and OTHER CHARGES