Section 17-526-33 - Non-Federal assistance programs Dwelling units developed in accordance with chapter 359, HRS, without federal funds may be rented to qualified residents pursuant to the following:
(1) Participants eligible for the rental units operated by the authority are those applicants: (A) Who are defined as "elderly" and who qualify as a family;(B) Whose gross family income does not exceed the maximum income limit established for state rent supplement program under Part VI of Chapter 359, HRS;(C) Whose assets do not exceed the asset limits established for the state rent supplement program under § 17-510;(D) Whose earning capabilities or whose financial situation give reasonable assurance that they will be able to meet the recurring rental payments as they, from time to time become due;(E) Who, either do not have an outstanding balance due the authority, or who, if there is such an outstanding balance have entered into satisfactory arrangements with the authority, for liquidation of same; and(F) Who are bona fide residents.(2) All applicants for rental, and all tenants participating in this program, shall be required to provide the authority prior to admission into this program or from time to time as the authority may require, written statements under oath in such form as it may require, setting forth the applicant's financial condition or changes thereon and the authority may require a credit report from authorized credit reporting agencies at the expense of the applicant;(3) In the selection of tenants to participate in this program, the authority shall give preference to those who are displaced by governmental action and shall also give consideration to those applicants presently listed as eligible in other waiting lists maintained by the authority for rental programs, provided that such applications meet the criteria of this rule;(4) The authority or its managing agent enter into a rental agreement providing rental assistance to an applicant within the income eligibility requirements specified in these rules, if, in its judgment, the applicant's income appears sufficient to pay the basic monthly rental charge and the cost of essential utilities not included in the basic rent and in making that determination, the authority shall consider the following factors: (A) The amount of financial or other assistance available from other county, state or federal agencies which effectively increase the applicant's income;(B) The applicant's history of rent-paying ability at levels equal to or greater than the basic rental charge; and(C) Such other factors which will bear upon the applicant's ability to pay rent;(5) Every effort should be made to insure the monthly rent for all units in the rental housing project not to exceed the amount necessary to pay for the construction and maintenance costs of the units plus any other costs determined by the authority prorated among the rental units in the project;(6) A rental agreement in the form prescribed by the authority shall be entered into between the authority and each of the families and shall be kept current at all times and reflect the rent being charged and the conditions governing occupancy. (A) The rental agreement shall be executed in duplicate by all adult members of the family who shall be liable for the rental payments. The original of the rental agreement shall be retained by the authority and one copy given to the family. The failure of any signer of the rental agreement to continue to be a resident member of the family shall not affect the obligation of the remaining signers of the rental agreement.(B) If, at any time during the term of the rental agreement, any change in the tenant's status results in the need to change or amend any provisions of the agreement, an appropriate amendment is to be prepared and made a part of the existing agreement. All amendments to the rental agreement are to be executed in the same manner as the basic agreement.(7) Forms for rental agreement will be as prescribed by the authority. The forms as well as the house rules may be subject to revision.(8) All applicants denied eligibility under this rule shall be afforded the opportunity to an informal hearing to discuss the reasons for denial. No further appeal shall be allowed except as provided by law for judicial review.[Eff: OCT 05 1981] (Auth: HRS § 359-54) (Imp: HRS § 359-54)