Section 17-2040-76 - Termination of participation(a) The authority shall terminate a family's participation in the program when: (1) The family has been evicted from housing assistance under the program for serious violation of the lease;(2) Any member of the family fails to sign and submit consent forms for obtaining information in accordance with the program;(3) The family does not submit required evidence of citizenship or eligible immigration status; or(4) Any family member fails to meet the eligibility requirements concerning individuals enrolled at an institution of higher education as specified in 24 C.F.R. § 5.612.(b) The authority may terminate a family's participation in the program when: (1) The family fails to fulfill their obligations under the program;(2) Any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program;(3) The family is under contract and one hundred and eighty days have elapsed since the last housing assistance payment was made; (4) The family has not reimbursed any public housing agency for amounts paid to an owner or landlord under a HAP contract on behalf of the family for rent, damages to the unit, or other amounts owed by the family under the lease;(5) The family breaches an agreement with the authority to pay amounts owed to the authority, or amounts paid to an owner or landlord by the authority;(6) Any member of the family has engaged in or threatened abusive or violent behavior toward the authority's personnel. Threatened means an oral or written threat or physical gestures that communicate an intent to abuse or commit violence. Abusive or violent behavior may be verbal or physical and include use of expletives that are generally considered insulting, racial epithets, or other language, written or oral, that is customarily used to insult or intimidate;(7) Any member of the family has engaged in any drug-related criminal activity or violent criminal activity. For the purpose of this subsection, "violent criminal activity" means any illegal criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force against the person or property of another;(8) Any member of the family is illegally using a controlled substance or whose illegal use or pattern of abuse of a controlled substance, or whose abuse of alcohol or pattern of abuse of alcohol is determined by the authority to interfere with the health, safety, or right to peaceful enjoyment of a rental premises by other residents. In determining whether to terminate assistance based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, the authority may consider rehabilitation as provided for under 42 U.S.C. § 13661(b) (2) (A) - (C);(9) A family participating in the family self-sufficiency program fails to comply, without good cause, with the family's family self-sufficiency contract of participation; or (10) Welfare-to-work family fails, willfully and persistently, to fulfill its obligations under the welfare-to-work voucher program.(c) The authority may implement a lottery system to terminate a family's participation in the program if the authority must terminate housing assistance payment contracts due to insufficient funds. Families will be randomly chosen to be terminated from the emergency housing voucher program.(d) A participant found to be ineligible for continued participation in the program shall be notified in writing by the authority and be accorded an opportunity to request an informal hearing as set forth in these rules. Such notice shall state the reasons for the authority's determination and that the participant has the opportunity to request an informal hearing.Haw. Code R. § 17-2040-76
[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. §§ 982.551, 982.552, 982.553; HRS § 356D-13)