Section 17-2033-44 - Rent supplement agreement - termination(a) A tenant shall give the authority at least thirty days written notice prior to the date that the tenant will withdraw from participation in the program.(b) The authority may terminate a tenant's participation in the program when a tenant has: (1) Established a pattern of late rent payments or is chronically delinquent with rent payments;(2) Submitted false or misleading information or willfully withheld important information from the authority;(3) Violated any provision of the rules or chapter 356D, HRS, as related to this program;(4) Had the rental agreement terminated by the housing owner; or(5) Transferred without prior approval to a dwelling unit of same or higher rent that does not meet the authority's occupancy standards.(c) If a tenant has submitted false or misleading information or has willfully withheld important information which reduced the tenant's allocable monthly share of rent, the tenant shall reimburse the authority for the amount of supplemental overpayment. Repayment shall be made in accordance with a repayment plan as approved by the authority.(d) The authority may terminate the rent supplement agreement when a tenant, any member of the tenant's household or guest or other person under the tenant's control: (1) Engages in the illegal use of a controlled substance;(2) Whose illegal use of a controlled substance, or abuse of alcohol, is determined by the authority to interfere with the health, safety, or right to peaceful enjoyment of the premises by other residents;(3) Engages in criminal activity that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents; or(4) Engages in any drug related criminal activity on or off the premises assisted by the program.(e) The authority shall give a tenant thirty days written notice prior to the date of termination of the rent supplement agreement.(f) A housing owner shall give the authority thirty days written notice prior to the date the housing owner plans to withdraw from the program.(g) The authority may reduce the maximum rent supplement payment, prorate, suspend or terminate the rent supplement agreement, as represented in exhibit B, entitled "Insufficient Funds - Reduction, Proration, and Suspension: Sample Calculations", dated August 1, 2018, located at the end of this chapter, based on the amount of funding available for the program. (1) In the event the authority does not receive sufficient funding to maintain the rent supplement program at full capacity, the authority may prorate, suspend or terminate the housing assistance payment, providing the tenant thirty days written notice;(2) If there are insufficient funds to sustain the program, the maximum rent supplement amount will first be reduced from $500 to $400 for one or more months;(3) If additional reductions are needed, rent supplement payments will be prorated equally amongst all participants by dividing the funding available and the length of time remaining in the fiscal year, and determining the percentage all payments will be reduced to sustain the program through the year;(4) If the proration percentage is over fifty-percent, the program will be suspended for one or more months, as needed;(5) If suspended, families will retain the opportunity to be reinstated within the program once sufficient funding becomes available, following a reevaluation of eligibility: (A) A reexamination, mandated under § 17-2033-33, will not be conducted on suspended participant until the effective date the participant is actively reinstated in the program; and(B) A suspended participant must continue to meet all eligibility criteria set forth in § 17-2033-13; and(6) If terminated due to an insufficient program appropriation, the family will be eligible to reapply for the program when the waitlist is opened.Haw. Code R. § 17-2033-44
[Eff 5/7/2017] (Auth: HRS §§ 356D-4, 356D-151, 356D-156) (Imp: HRS § 356D-156)