Section 17-2028-39 - Offers(a) An applicant shall be afforded one offer to rent a suitable dwelling unit.(b) The offer to eligible applicants shall be made in sequence based upon the following: (1) Size of dwelling unit required;(2) Type of dwelling unit required (e.g., accessible dwelling units for the mobility, hearing or visually impaired);(3) Local preferences, subject to income targeting and deconcentration policies and goals; and(4) Date and time the application was received; or(5) Lottery selection, so long as all adopted preferences are considered.(c) Upon refusal of one offer, without good cause, the applicant's name will be removed from the waiting list on which the applicant's name has been placed.(d) An applicant shall not be considered to have been offered a dwelling unit if an offer has been declined for good cause. Good cause may include, but is not limited to the following: (1) The dwelling unit is not of the proper size or type and the applicant would be able to reside there only temporarily (e.g., a specially designed dwelling unit that is awaiting a person with a disability needing such a dwelling unit);(2) The dwelling unit offered is unsuitable for health or safety reasons for the applicant;(3) The applicant is unable to move at the time of the offer and presents clear evidence which substantiates this to the authority's satisfaction, including, but not limited to: (A) A doctor verifies that the applicant has just undergone major surgery and needs a period of time to recuperate;(B) A court verifies that the applicant is serving on a jury which has been sequestered; or(C) A landlord verifies that the applicant has an existing rental agreement that cannot be breached without causing undue financial hardship.(4) The applicant's acceptance of the offer would result in undue hardship not related to consideration of race, color, national origin, or language and the applicant presents evidence which substantiates this to the authority's satisfaction (e.g., inaccessibility to source of current employment or day care facilities).(e) Not less than fifty per cent of all available dwelling units shall be for applicants without preference and up to fifty per cent of available dwelling units shall be for applicants with preference.Haw. Code R. § 17-2028-39
[Eff 7/21/05; am and comp 9/4/07; am and comp MAY 24 2014 ] (Auth: HRS §§ 356D-4, 356D-13) (Imp: 24 C.F.R. §§960.202, 960.203, 960.206, 960.208; HRS §§ 356D-4, 356D-13, 356D-31)Am and comp 12/31/2022; am and comp 11/11/2023