Current through September, 2024
Section 17-2040-52 - Contract rent to owner or landlord(a) The contract rent to the owner or landlord for a dwelling unit in the program shall be determined on a case-by-case basis by the authority. The authority will only approve of the contract rent to the owner or landlord if the rent is a reasonable rent. The determination of whether the rent to the owner or landlord is a reasonable rent in comparison to rent for other comparable unassisted units in the housing market is based on the following considerations: (1) The location, quality, size, unit type and age of the dwelling unit; and(2) Any amenities, housing services, maintenance, and utilities to be provided by the owner or landlord in accordance with the lease.(b) The landlord or owner may not charge or accept, from the participant or any other source, any payment for rent of the unit in addition to the rent to owner. Rent to owner includes all housing services, maintenance, utilities and appliances to be provided and paid by the owner in accordance with the lease.(c) The contract rent to the owner or landlord may be adjusted after the end of the initial lease term at the request of the owner or landlord.(d) The contract rent increase will go into effect on the first of the month following the sixty day period after the owner or landlord notifies the authority of the rent change or on the date specified by the owner or landlord, whichever is later, provided the change in the amount of rent meets the rent reasonableness requirements in 24 C.F.R. § 982.503.Haw. Code R. § 17-2040-52
[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. §§ 982.308, 982.507; HRS § 356D-13)