When one family breaks up into two eligible families, only one family can receive housing assistance. If both families wish to continue assistance under the program, and there is no court order that specifies which family member retains the assistance under the program, the authority shall consider the following factors in determining which family will continue to receive assistance:
(a) Whether the family has custody of the minor child or minor children or includes any disabled or elderly members. A minor child or minor children subject to a joint custody agreement but live with one parent for a cumulative period of at least one hundred eighty three days of the year shall be considered a member of that household;(b) Whether the family includes the family member that applied as head of household;(c) Whether the family excluded the responsible party for domestic violence which caused the break up of the family, if applicable; and(d) Which family is recommended by social service agencies or qualified professionals to retain assistance, if applicable. Haw. Code R. § 17-2040-33
[Eff 7/28/2022] (Auth: HRS § 356D-13) (Imp: American Rescue Plan Act of 2021, Pub. L. No. 117-2, §3202, 135 Stat. 4; 42 U.S.C. § 1437f(o); HUD Notice PIH 2021-15(HA); 24 C.F.R. § 982.315; HRS § 356D-13)