Section 17-2028-59 - Rental agreement termination(a) A family shall give the authority at least twenty-eight days written notice that the family will vacate the family's dwelling 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 governmental 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 dwelling unit occupied by the family and the family refuses to move to the first appropriate size dwelling unit offered;(D) When requested by the authority due to health and safety, repair, abatement, construction or renovation of the 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 October 20, 2022, 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 willful 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-related 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, 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 willful 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 October 20, 2022, such as: (1) Fourteen days in the case of failure to pay rent except for nonpayment of minimum rent during the ninety-day period beginning the month following the family's request for a financial hardship exemption pursuant to section 17-2028-61(b);(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 October 20, 2022.Haw. Code R. § 17-2028-59
[Eff 7/21/05; am and comp 9/4/07; am and comp MAY 24 2014 ] (Auth: 24 C.F.R. §966.4; §§ 356D-4, 356D-13; 356D-98) (Imp: 24 C.F.R. §966.4; HRS §§ 356D-4, 356D-13, 356D-31, 356D-92)Am and comp 12/31/2022; comp 11/11/2023