HAR §10-3-47. Loan conditions

(a) Generally, in determining the term of loans, the department shall consider the following: (1) The applicant's financial capacity; and (2) Age and condition of dwelling or building, based on the estimated expected remaining life span. The term of a loan shall be determined by the department, but in no event be longer than the term as may be authorized by the act. (b) Loans shall be made in an amount to be determined by the commission, but in no event be more than the amount authorized by the act. 3-29 §10-3-47 (c) Loans shall bear interest at the rate authorized by the act and rules. (d) Loan interest rates shall be determined based on the availability and source of funds as well as the current interest rate for such loans in the private sector; provided that the department, on a case-by-case basis, may establish such rates as it shall determine best effectuate the purposes of the individual borrower, and to offer loans of comparable interest rates to all borrowers. (e) Interest on loans made by the department shall commence to accrue on the disbursed amount on the twentieth day of the month or on the day of actual disbursement following the twentieth day of the month in which the first disbursement of funds is made. (f) Repayment of loans made by the department shall commence on the nineteenth day of the month following the month in which the first disbursement of funds is made. (g) The borrower may be required to pay a monthly service fee when loan payments are made payable to, or collected by a private lending institution. (h) The payment of any installment due may be postponed in whole or in part by the department for reasons as it deems good and sufficient and until such later date as it deems advisable. Postponed payments shall continue to bear interest on the unpaid principal at the rate established for the loan. (i) Whenever a borrower is delinquent with loan repayments, the department may demand that the borrower assign wages in part or all moneys due or to become due to such borrower by reason of any agreement or contract to which the borrower is a party, to the department to assure repayment of the loan. (j) Whenever a borrower is more than one hundred twenty days delinquent on loan repayments, the department may start garnishment proceedings in accordance with the applicable statute, or start cancellation proceedings as authorized under the act. [Eff 7/30/81; am and comp 10/26/98] (Auth: HHC Act §222) (Imp: HHC Act §§213, 214, 215, 216) 3-30