Hawaii Revised Statutes 356d. Hawaii Public Housing Authority
PART I. GENERAL POWERS
- 356d-1 Definitions.
The following terms, wherever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the...
- 356d-2 Hawaii Public Housing Authority; Establishment, Staff.
(a) There is established the Hawaii public housing authority to be placed within the department of human services for administrative purposes only. The authority...
- 356d-3 Board; Establishment, Functions, Duties.
(a) There is created a board of directors consisting of eleven members, of whom nine shall be public members appointed by the governor as...
- 356d-4 General Powers of the Authority.
(a) The authority may: (1) Sue and be sued; (2) Have a seal and alter the same at pleasure; (3) Make and execute contracts and...
- 356d-5 Resident Advisory Boards; Establishment.
(a) The authority may establish a resident advisory board or boards, which shall be comprised of federal public housing residents or section 8 tenant-based...
- 356d-6 Nomination of Resident Board Member.
(a) If a vacancy occurs for the resident member seat on the board, the resident advisory board shall compile a list of no less...
- 356d-6.5 Prohibition on Smoking in and Around Public Housing; Designated Smoking Areas.
(a) Smoking shall be prohibited in any public housing project, elder or elderly household, as defined in section 356D-1, or state low-income housing project,...
- 356d-7 Fair Housing Law to Apply.
Notwithstanding any law to the contrary, chapter 515 shall apply in administering this chapter. [L 2006, c 180, pt of §2]
- 356d-7.5 Exemption From Tax on Income and Obligations.
Income earned and obligations issued by a nonprofit entity determined to be a "public housing agency" pursuant to section 3(b)(6) of the United States...
- 356d-8 Acquisition, Use, and Disposition of Property.
(a) The authority may acquire any real or personal property or interest therein by purchase, exchange, gift, grant, lease, or other means from any...
- 356d-9 Cooperative Agreements With Other Government Agencies.
(a) The authority may: (1) Obtain the aid and cooperation of other government agencies in the planning, construction, and operation of public housing projects...
- 356d-10 Agents, Including Corporations.
The authority may exercise any or all of the powers conferred upon it, either generally or with respect to any specific public housing project...
- 356d-11 Development of Property.
(a) The authority, in its own behalf or on behalf of any government, may: (1) Clear, improve, and rehabilitate property; and (2) Plan, develop,...
- 356d-12 Development of Property; Additional Powers.
Notwithstanding any other law to the contrary, whenever the bids submitted for the development or rehabilitation of any public housing project authorized pursuant to...
- 356d-12.5 Development of Property; Partnership or Development Agreement.
(a) Any public housing project may be developed under sections 356D-11 and 356D-12 by the authority in partnership or under a development agreement with a...
- 356d-13 Administration of Federal Programs.
(a) The authority may carry out federal programs designated to be carried out by a public housing agency, or entity designated by the authority....
- 356d-13.5 Housing Choice Voucher Program Administration.
Any housing choice voucher program voucher issued by the authority shall automatically be returned to the authority upon the death or removal from assistance...
- 356d-14 Federal Funds Outside of State Treasury.
Notwithstanding chapter 38, the authority may establish and manage federal funds outside of the state treasury to be used for federal housing programs. The...
- 356d-15 Eminent Domain, Exchange, or Use of Public Property.
(a) The authority may acquire any real property, including fixtures and improvements, or interest therein, through: (1) Voluntary negotiation; (2) Exchange of land in...
- 356d-16 Contracts With the Federal Government.
(a) The authority may: (1) Borrow money or accept grants from the federal government for or in aid of any public housing project that...
- 356d-17 Public Works Contracts.
The authority may make, execute, and carry out contracts for, or in connection with, any public housing project in the manner provided in chapter 103D...
- 356d-18 Remedies of an Obligee; Mandamus; Injunction; Possessory Action; Receiver; Accounting; Etc.
An obligee of the authority shall have the right, in addition to all other rights that may be conferred on the obligee subject only...
- 356d-19 Subordination of Mortgage to Agreement With Government.
The authority may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a...
- 356d-20 Duty to Make Reports.
Except as otherwise provided by law, the authority shall be responsible for the following reports: (1) The authority shall file at least once a...
- 356d-21 Bonds; Authorization.
(a) The authority, with the approval of the governor, may issue from time to time bonds (including refunding bonds to pay, retire, or provide...
- 356d-22 Bonds; Interest Rate, Price, and Sale.
(a) The bonds shall bear interest at rates payable at times that the authority, with the approval of the governor, may determine except for...
- 356d-23 Trustee; Designation, Duties.
(a) The authority may designate a trustee for each issue of bonds secured under the same trust indenture; provided that the trustee shall be...
- 356d-24 Trust Indenture.
(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the...
- 356d-25 Investment of Reserves, Etc.
The authority may invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, including the proceeds of...
- 356d-26 Security for Funds Deposited by the Authority.
The authority, by resolution, may provide that all moneys deposited by it shall be secured: (1) By any securities by which funds deposited by...
- 356d-27 Arbitrage Provisions; Interest Rate.
(a) Notwithstanding any other law to the contrary, neither the authority nor the director of finance shall make loans or purchase mortgages with the...
- 356d-28 Public Housing Revolving Fund; Housing Project Bond Special Funds.
(a) There is established the public housing revolving fund to be administered by the authority. Notwithstanding section 36-21, the proceeds in the fund shall...
- 356d-29 Quitclaim Deeds.
Unless otherwise provided by law, the authority shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed,...
PART II. FEDERAL LOW-INCOME HOUSING
- 356d-31 Rentals and Tenant Selection.
(a) In the operation or management of federal public housing projects, the authority (acting directly or by an agent or agents) at all times...
- 356d-32 Delinquent Accounts.
(a) Notwithstanding section 40-82, the authority, with the approval of the attorney general, may delete from its accounts receivable records delinquent accounts for vacated...
- 356d-33 Investigatory Powers.
(a) The authority may: (1) Investigate living, dwelling, and housing conditions and the means and methods of improving the conditions; (2) Enter upon any...
- 356d-34 to 356d-39 Reserved.
- 356d-40 Additional Powers.
The powers conferred upon the authority by this part shall be in addition and supplemental to the powers conferred by any other law, and...
PART III. STATE LOW-INCOME HOUSING
A. State Low-Income Housing; Administration
- 356d-41 Definitions.
As used in this subpart, unless a different meaning clearly appears from the context: "Administer" or "administration" means the management, operation, maintenance, and regulation of...
- 356d-42 Housing; Tenant Selection
. (a) The authority shall select tenants upon the basis of those in greatest need for the particular housing, subject to the following limitations and...
- 356d-43 Rentals.
(a) Notwithstanding any other law to the contrary, the authority shall fix the rates of the rentals for dwelling units and other facilities in...
- 356d-44 Administration of State Low-Income Public Housing Projects and Programs.
(a) The authority shall construct, develop, and administer property or housing for the purpose of state low-income public housing projects and programs. (b) The...
- 356d-45 State Low-Income Housing Revolving Fund.
There is established a revolving fund to be known as the state low-income housing revolving fund. Notwithstanding any law to the contrary, moneys received by...
- 356d-45.5 Delinquent Accounts.
(a) Notwithstanding section 40-82, the authority, with the approval of the attorney general, may delete from its account receivable records delinquent accounts for vacated...
- 356d-46 Investigatory Powers.
(a) The authority may: (1) Investigate living, dwelling, and housing conditions and the means and methods of improving those conditions; (2) Enter upon any...
- 356d-47 Government Aid; Political Subdivisions.
Any political subdivision may appropriate moneys for the purposes of meeting any local participation in housing costs or expenses required to obtain assistance from...
- 356d-48 and 356d-49 Reserved.
- 356d-50 Additional Powers.
The powers conferred upon the authority by this subpart shall be in addition and supplemental to the powers conferred by any other law, and...
B. State Low-Income Housing; Liens
- 356d-51 Definitions.
As used in this subpart, unless a different meaning clearly appears from the context: "State low-income housing project" means any state low-income housing project...
- 356d-52 Lien on Personalty for Rent, Etc.
(a) The authority shall have a statutory lien on all personal property, not exempt from execution, belonging to, or in the lawful possession of,...
- 356d-53 Foreclosure of Lien, Notice, Etc.
(a) The lien of the authority upon personal property that has been taken and retained by it as provided in section 356D-52 may be...
- 356d-54 Sheriff or Police to Assist.
The authority, in taking, seizing, holding, retaining, or selling any personal property pursuant to sections 356D-52 and 356D-53, may require the assistance of the...
- 356d-55 Existing Contracts Not Impaired.
Sections 356D-52 and 356D-53 shall not be construed as to impair or affect the obligation of any contract existing on or before May 9,...
- 356d-56 Repealed.
L 2013, c 147, §2.
- 356d-56.1 Disposition of Abandoned or Seized Property.
(a) The authority may sell, donate, or otherwise dispose of property abandoned or seized in or around any state low-income housing project upon compliance...
- 356d-57 Disposition of Surplus Proceeds.
After the sale, the authority shall apply the proceeds as provided in section 356D-56. The balance, if any remaining, shall be paid over to...
- 356d-58 Lien Attaches to Personalty in Possession.
Sections 356D-56 and 356D-57 shall also apply to any personal property which, before May 2, 1949, was left in or about any public housing...
- 356d-59 Priority of Housing Lien.
The statutory liens provided for in this subpart shall be preferred and have priority over all other liens or claims and over all attachments...
- 356d-60 to 356d-69 Reserved.
- 356d-70 Rights and Powers Supplemental.
; supplemental. The rights and powers conferred upon the authority by this subpart shall be in addition and supplemental to the rights and powers conferred...
PART IV. HOUSING FOR ELDERS AND TEACHERS
A. Housing for Elders
B. Housing for Teachers--Repealed
PART V. PUBLIC HOUSING; EVICTIONS
- 356d-91 Definitions.
As used in this part unless the context otherwise requires: "Party" means each person or agency named or admitted as a party or properly...
- 356d-92 Termination and Eviction.
(a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit...
- 356d-93 Hearings.
(a) Where the authority proposes to terminate a lease or rental agreement and evict a tenant under section 356D-92, a hearing shall be held...
- 356d-94 Eviction.
(a) If it is proven to the satisfaction of the eviction board that there is cause to terminate a lease or rental agreement and...
- 356d-95 Ex Parte Motion.
If a tenant cannot be served with an order of eviction or writ of possession, and the facts shall appear by affidavit to the...
- 356d-96 Judicial Review.
(a) Any person aggrieved by a final decision and order of the authority or by a preliminary ruling of the nature that deferral of...
- 356d-97 Appeals.
An aggrieved party may secure a review of any final judgment of the circuit court under this part by appeal to the appellate courts,...
- 356d-98 Rules.
The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 2006, c 180, pt of §2]
PART VI. AUTHORITY-COUNTY COOPERATION
- 356d-101 Gifts, Etc., to Counties From Authority.
The authority may make and pay gifts or donations of money directly to any county. Any county may receive the gifts or donations as...
- 356d-102 Facilities and Services by Counties to Authority and Tenants.
Each county within which the authority may own, operate, or administer any public housing project or complex and to which, or for whose benefit,...
- 356d-103 Construction of Additional Powers.
Sections 356D-101 and 356D-102 shall not be construed as abrogating, limiting, or modifying parts II, III, or IV, including amendments thereto. [L 2006, c...
- 356d-104 Charges for Prior Services by Counties to Authority.
Every county (including departments, boards, or instrumentalities thereof) which has, prior to May 14, 1949, provided or furnished any facilities, services, or privileges, including,...
- 356d-105 Garbage and Trash Disposal.
Every county that maintains or operates any garbage or trash collection and disposal service shall collect, free of charge, and dispose of garbage and...
- 356d-106 Furnishing of Free Water Not Required.
Sections 356D-102 to 356D-105 shall not be construed to require the furnishing of any free water to the authority or to the tenants or...
- 356d-107 Regulation of Traffic Within Public Housing Projects in the Various Counties.
(a) Any law to the contrary notwithstanding, the council of the city and county of Honolulu may regulate traffic within the various public housing...
- 356d-108 to 356d-119 Reserved.
- 356d-120 Additional Powers.
The powers conferred upon the authority by this part shall be in addition and supplemental to the powers conferred by any other law, and...
PART VII. HOMELESS ASSISTANCE--REPEALED
PART VIII. STATE RENT SUPPLEMENT PROGRAM
- 356d-151 Rent Supplements.
The authority is authorized to make and contract to make annual payments to a housing owner on behalf of a qualified tenant as those...
- 356d-151.5 Rent Supplement; Qualification.
Except as provided by federal law, nothing in this chapter shall prevent a person who otherwise qualifies for rent supplement under this chapter from...
- 356d-152 Housing Owner; Defined.
As used in this part, the term "housing owner" means: (1) A private nonprofit corporation or other private nonprofit legal entity, a limited dividend...
- 356d-153 Qualified Tenant Defined; Preference.
(a) As used in this part, "qualified tenant" means any single person or family, pursuant to criteria and procedures established by the authority, who...
- 356d-154 Relationship of Annual Payment to Rental and Income.
The amount of the annual payment with respect to any dwelling unit shall not exceed the amount by which the fair market rental for...
- 356d-155 Determination of Eligibility of Tenants and Rental Charges.
(a) For purposes of carrying out this part, the authority shall establish criteria and procedures for determining the eligibility of tenants and rental charges,...
- 356d-156 Rules.
The authority may adopt under chapter 91 all rules necessary to carry out the purpose of this part, including rules relating to determining preference...
- 356d-157 to 356d-159 Reserved.
- 356d-160 Additional Powers.
The powers conferred upon the authority by this part shall be in addition and supplemental to the powers conferred by any other law, and...
PART IX. STATE SALES HOUSING PROGRAM
Last modified: October 27, 2016