HAR §17-534-4. Assets

All assets held by an 534-5 §17-534-4 applicant or a tenant shall be determined as defined by 24 C.F.R. 3813.102 and set forth in Exhibit A, dated 4/3C1W23~~ted,at(~~hpnd of this chapter. [Eff (Imp: SLH 1992, Act 279, S3(12)) SLH 1992, Act 279, SZ) §17-534-5 Asset limits. An applicant or a tenant having assets which are valued at more than one and one-half times the income limit set forth in section 17-534-3, shall be ineligible to participate or to articipate in the program. ""~~jin!$eoi9"9% ] (Auth: [Eff (Imp: SLH 1992, Act 279, fs3(12)) SLH 1992, Act 279, SZ) §17-534-6 Asset transfer. (a) All assets transferred or assigned to another person, within a three month period prior to submitting an application to participate, or for the purpose of continuing to qualify for participation in the program shall be included in determining an applicant's or tenant's assets. (b) The value of the asset shall be based on its fair market value. [Eff 1992, Act 279, §3(12)) (I 3 0 19% 1 (Auth: SLH SLH 1992, Act 279, SZ) S17-534-7 Occunancv standards. Eligible applicants or tenants shall occupy the rental unit in accordance with the ordinances of the count the rental unit is located. [Eff (Auth: SLH 1992, Act 279, S3(12)) Act 279, SZ) §17-534-8 Verification of information. (a) The authority shall require an applicant, tenant, or owner to provide documentation to verify information relating to participation in the program. This documentation may include, but not be limited to, employment, financial, housing status, and property information. (b) An applicant or owner that fails to comply with the requirement to provide documentation shall be ineligible to participate in the program. (c) A tenant that fails to comply with.the requirement to provide documentation shall be to participate in the program. (Auth: SLH 1992, Act 279, 534-6 517-534-11 s3(12)) (Imp: SLH 1992, Act 279, 52) 517-534-g Ineliaibilitv. (a) Any applicant, tenant or owner that has been determined to be ineligible by the authority may request an informal hearing before the executive director to reconsider the determination of the authority. Any request for hearing for reconsideration shall be made in writing and shall be filed with the executive director within ten days of the determination of the authority. The request shall state the grounds for the request for reconsideration. (b) Upon receipt of the request, the executive director shall schedule a hearing. Notice shall be provided to all parties upon the scheduling of a hearing. (c) The executive director shall render a decision within thirty days after the hearing. If the decision is adverse to the party requesting the hearing, then such party may request a contested case hearing pursuant to subchapter 7. The notice of a request for a contested case hearing shall be filed with the authority within ten days of the decision by the executive director., ,;[Eff 'JUNS%! !&#Z,'Ac%: SLH 1992, Act 279, s3(12)'). (Imp. I 52) 517-534-10 Excentions. The executive director may for good cause grant an exception to any provision in this chapter to the extent permitted by law where: . (1) The applicant, tenant or owner has otherwise demonstrated the necessary qualifications; and (2) Each such exception shall be in writing and shall be supported by documentation of the -pertinent facts and grounds. ] (Auth: 5302)) (Imp: SLH 1992, Act 279,'SZ) 517-534-11 Contract with orovider aaencv. The authority may contract with a provider agency to of its duties under this chapter. per~~37!i%% ] (Auth: (Eff SLH 1992, Act 279, 52) ) (Imp: SLI-i 1992, Act 279, 52) 534-7 r 517-534-12 SS17-534-12 to 17-534-19 (Reserved) SUBCHAPTER 2 TENANT ELIGIBILITY AND SELECTION 517-534-20 Tenant annlication. (a) An applicant seeking to participate in the program shall submit an application form, as prescribed by the authority. The form shall be completed to the satisfaction of the authority and shall include, but not be limited to, the applicant's name, age, address, marital status, name of spouse, present housing status, employment status, income and asset information, citizenship status, and family composition information. (b) An applicant shall submit documentation as required by the authority and shall execute a release of information form for any other information required by the authority to verify the applicant's eligibility or continued eligibility. (c) An applicant shall execute a waiver of information disclosure form in order for the authority to release such information to an owner in the selection process. (Eff 1992, Act 279, 53(Z)) N 30 1994 I (-a: SLH SLH 1992, Act, 279, s3(2)) 517-534-21 Tenant eliuibilitv for narticioation. (a) To be eligible to participate or to continue to participate in the program, the applicant or tenant shall: (1) Submit a completed application; (2) Qualify as a homeless family or homeless individual; (3) Have family or individual income and assets which do not exceed the income limits and asset limits established by section 17-534-3 and section 17-534-5 respectively; (4) Have earning capabilities or have a financial situation which gives reasonable assurance of meeting the rental payments on time as they become due; (5) Not have an outstanding 'debt owed to the authority or to a county public housing (6) ,"zeizzioyed at least nineteen hours per week; 534-8 . . (7) (8) (b) continue §17-534-23 Not have had a record of conduct or behavior for two years prior to the date of the application or reexamination that is harmful, destructive, or unlawful which may cause a threat to owners; and Agree to actively comply with the social services agreement established by section 17- 534-61. A tenant shall be.immediately ineligible to. participation in the program upon termination . - _ of the social services agreement for such tenant. (Eff -JUN 301994 J (Auth: SLH 1992, Act 279, S3(2)) (Imp: SLH 1992, Act 279, §3(2)) S17-534-22 Tenant oreference. (a) Eligible applicants shall be given preference for participation in the program in the followina order: (1) (2) (3) (4) (5) (6) W shall be tiomeless family residing in a transitional shelter subject to chapter 358D, Hawaii Revised Statutes; Homeless individuals residing in a transitional shelter subject to chapter 358D, Hawaii Revised Statutes; Homeless family whose nighttime residence is in a public area; Homeless individual whose nighttime residence is in a public area; Homeless family whose nighttime residence is other than a public area; and Homeless individual whose nighttime residence is other than a public area. In any one of the above categories, priority given to eligible applicants in such category according to the length of time prior to the date of the application that such applicant was homeless in the state. [Eff JUN 301994 ] (Auth: SLH 1992, Act 279, S3 (2) 1 (Imp: SLH 1992, Act 279, S3(2)) S17-534-23 Notification of ineliuibilitv. An applicant or tenant determined to be ineligible for participating or continuing to participate in the program shall be notified in writing of the determination, the reasons thereof and hearing by the authority. [Eff JUN ??t &ifht, to a (Auth: SLH 1992, Act 279, S3(2)) (Imp: SLH 1992, Act 279, S3(2)) * - 534-9 §17-534-24