§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 shall observe the following duties with respect to rentals and tenant selection:
(1) It may establish maximum limits of annual net income for tenant selection in any public housing project, less such exemptions as may be authorized by federal regulations pertaining to public housing. The authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority; provided that not less than fifty per cent of available units shall be for applicants without preference and up to fifty per cent of available units shall be for applicants with preference;
(2) It may rent or lease the dwelling units therein only at rentals within the financial reach of persons who lack the amount of income that it determines to be necessary to obtain safe, sanitary, and uncongested dwelling accommodations within the area of operation of the authority and to provide an adequate standard of living; and
(3) It may rent or lease to a tenant a dwelling consisting of the number of rooms (but no greater number) that it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
(b) Nothing in this part shall be construed as limiting the power of the authority to:
(1) Vest in an obligee the right, in the event of a default by the authority, to take possession of a public housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by this part with respect to rentals, tenant selection, manner of operation, or otherwise; or
(2) Vest in obligees the right, in the event of a default by the authority, to acquire title to a public housing project or the property mortgaged by the authority, free from all the restrictions imposed by this part. [L 2006, c 180, pt of §2; am L 2013, c 148, §2]
Structure Hawaii Revised Statutes
356D. Hawaii Public Housing Authority
356D-2 Hawaii public housing authority; establishment, staff.
356D-3 Board; establishment, functions, duties.
356D-4 General powers of the authority.
356D-5 Resident advisory boards; establishment.
356D-6 Nomination of resident board member.
356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas.
356D-6.7 Closed to the public.
356D-7 Fair housing law to apply.
356D-7.5 Exemption from tax on income and obligations.
356D-8 Acquisition, use, and disposition of property.
356D-9 Cooperative agreements with other government agencies.
356D-10 Agents, including corporations.
356D-11 Development of property.
356D-12 Development of property; additional powers.
356D-12.5 Development of property; partnership or development agreement.
356D-13 Administration of federal programs.
356D-13.5 Housing choice voucher program administration.
356D-14 Federal funds outside of state treasury.
356D-15 Eminent domain, exchange, or use of public property.
356D-16 Contracts with the federal government.
356D-17 Public works contracts.
356D-18 Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc.
356D-19 Subordination of mortgage to agreement with government.
356D-22 Bonds; interest rate, price, and sale.
356D-23 Trustee; designation, duties.
356D-25 Investment of reserves, etc.
356D-26 Security for funds deposited by the authority.
356D-27 Arbitrage provisions; interest rate.
356D-28 Public housing special fund.
356D-31 Rentals and tenant selection.
356D-42 Housing; tenant selection.
356D-44 Administration of state low-income public housing projects and programs.
356D-45 State low-income housing revolving fund.
356D-45.5 Delinquent accounts.
356D-47 Government aid; political subdivisions.
356D-52 Lien on personalty for rent, etc.
356D-53 Foreclosure of lien, notice, etc.
356D-54 Sheriff or police to assist.
356D-55 Existing contracts not impaired.
356D-56.1 Disposition of abandoned or seized property.
356D-57 Disposition of surplus proceeds.
356D-58 Lien attaches to personalty in possession.
356D-59 Priority of housing lien.
356D-62 Termination and evictions.
356D-70 Renumbered as §356D-60.
356D-71 Resident selection; dwelling units; rentals.
356D-72 Housing for elders revolving fund.
356D-92 Termination and eviction.
356D-101 Gifts, etc., to counties from authority.
356D-102 Facilities and services by counties to authority and tenants.
356D-103 Construction of additional powers.
356D-104 Charges for prior services by counties to authority.
356D-105 Garbage and trash disposal.
356D-106 Furnishing of free water not required.
356D-107 Regulation of traffic within public housing projects in the various counties.
356D-108 to 356D-119 Reserved.
356D-121 to 356D-147 REPEALED.
356D-151.5 Rent supplement; qualification.
356D-152 Housing owner; defined.
356D-153 Qualified tenant defined; preference.
356D-154 Relationship of annual payment to rental and income.
356D-155 Determination of eligibility of tenants and rental charges.