Section 17-2028-62 - Choice of rentOnce a year, the authority shall give each family the opportunity to choose between two methods of determining the monthly tenant rent. The family may choose to pay either a flat rent or income-based rent.
(a) The flat rent shall be the fair market rents ("FMRs") that are determined by HUD, at least annually, pursuant to 24 C.F.R. § 888.113 as it existed on October 20, 2022. These FMRs, which include utilities (exclusive of telephone and cable television), are established for dwelling units of various bedroom sizes. Because the FMRs are determined by HUD and the authority has no discretion to amend or change the FMRs, the FMRs shall be established without a public hearing as provided in Section 91-3(d), HRS.(b) The income-based rent is based on thirty per cent of the family's monthly adjusted income or ten per cent of the family's monthly income, or the minimum rent set forth in section 17-2028-61, whichever is greater. (1) The income-based rent does not include charges for excess utility consumption or other charges.(2) The income-based rent shall not exceed the total tenant payment pursuant to 24 C.F.R. § 5.628 as it existed on October 20, 2022, for the family minus any applicable utility allowance for tenant-paid utilities. If the utility allowance exceeds the total tenant payment, the authority shall pay such excess amount (the utility reimbursement) either to the family or directly to the utility supplier to pay the utility bill on behalf of the family. If the authority pays the utility supplier, the authority shall notify the family of the amount of the utility reimbursement paid to the supplier.(3) For purposes of establishing the income-based rent, the authority shall exclude from annual income the earned income of previously unemployed family members and increases in earnings of a family member during participation in any economic self-sufficiency or other job training program as provided for in 24 C.F.R. § 960.255 as it existed on October 20, 2022 and the PHA plan.(c) If a family is unable to pay the flat rent because of financial hardship, the family may at any time request a switch to payment of income-based rent prior to the next annual option to select the type of rent.Haw. Code R. § 17-2028-62
[Eff 7/21/05; am and comp 9/4/07; am and comp MAY 24 2014 ] (Auth: HRS § 356D-15) (Imp: HRS §§ 356D-4, 356D-13; 24 C.F.R. §§5.628, 960.253, 960.255; HRS §§ 356D-4, 356D-13, 356D-31)Am and comp 12/31/2022; comp 11/11/2023