REPORT TITLE:
Public housing

DESCRIPTION:
Establishes resident advisory boards in federal public housing.
Allows a person who resides in federal low rent public housing or
tenant-based section 8 housing assisted by the corporation to
serve on the HCDC Board to comply with federal law.  Allows a
person who resides in state low rent public housing assisted by
the corporation to serve on the HCDC Board. (HB2431 HD1)

 
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                                                        2431
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF
   HAWAII.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to comply with the
 
 2 Quality Housing and Work Responsibility Act of 1998, P.L. 105-
 
 3 276, 112 Stat. 2461, (QHWRA) by establishing resident advisory
 
 4 boards, which shall be responsible for:
 
 5      (1)  Advising the Housing and Community Development
 
 6           Corporation of Hawaii (HCDC) in matters relating to the
 
 7           planning and administration of housing programs; 
 
 8      (2)  Complying with QWHRA requirements; and
 
 9      (3)  Recommending two public members for the HCDC Board to
 
10           the governor. 
 
11      In addition, this Act will add two additional public members
 
12 to the HCDC Board.  In order to comply with QHWRA and to ensure
 
13 tenant representation on the board, one public member shall be a
 
14 resident who is directly assisted by the corporation under the
 
15 federal low rent public housing program or the tenant-based
 
16 Section 8 housing assistance payments program.  The other public
 
17 member shall be a person who resides in state low rent public
 
18 housing assisted by the corporation.
 
19      SECTION 2.  Chapter 201G, Hawaii Revised Statutes, is
 

 
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 1 amended by adding three new sections to be appropriately
 
 2 designated and to read as follows:
 
 3      "§201G-    Resident advisory board, establishment. (a) The
 
 4 corporation may establish a resident advisory board which shall
 
 5 be responsible for:
 
 6      (1)  Advising the corporation in matters relating to the
 
 7           planning and administration of housing programs;
 
 8      (2)  Complying with the Quality Housing and Work
 
 9           Responsibility Act of 1988; and
 
10      (3)  Recommending two public members for the board to the
 
11           governor.
 
12      (b) The resident advisory board shall be comprised of
 
13 twenty-one members.  Nineteen members shall be federal and state
 
14 public housing residents.  Two members shall be tenant-based
 
15 Section 8 recipients.  The public housing residents shall include
 
16 not less than two representatives from each of the counties of
 
17 Honolulu, Hawaii, Maui, and Kauai.
 
18      (c)  The corporation shall also recognize any jurisdiction-
 
19 wide resident council, as defined under federal law, which
 
20 requests to be designated as a resident advisory board.
 
21      (d)  The members of the resident advisory board shall not be
 
22 compensated for their services but shall be reimbursed for
 
23 necessary expenses, including travel expenses, per diem, and
 

 
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 1 child care allowances, incurred while engaged in business for the
 
 2 resident advisory board.  
 
 3      (e)  The corporation may adopt rules in accordance with
 
 4 chapter 91 with respect to the establishment of the resident
 
 5 advisory board or boards including but not limited to rules
 
 6 concerning the composition, eligibility, selection, and term of
 
 7 members.  This section shall not apply if in conflict with any
 
 8 federal law.
 
 9      §201G-  Notice of vacancies; election to resident advisory
 
10 board.  (a) During each odd numbered year, the corporation shall
 
11 send notices of vacancies on the resident advisory board to all
 
12 active resident associations.  The notice shall be sent to all
 
13 public housing managers and posted in a public place.  The notice
 
14 shall allow the active resident association at least thirty days
 
15 to notify the corporation that it is interested in nominating a
 
16 representative  to the resident advisory board.
 
17      (b)  The corporation shall convene a meeting at which time
 
18 each active resident association may vote to elect
 
19 representatives for the available positions on the resident
 
20 advisory board.  Each representative of the active resident
 
21 association may designate an individual who may participate and
 
22 vote in their absence.
 
23      (c)  In the event that the corporation receives less
 

 
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 1 nominations than there are vacancies on the resident advisory
 
 2 board, any public housing resident, residing in a project without
 
 3 an active resident association, may seek nomination to the
 
 4 resident advisory board if they are able to obtain signatures
 
 5 from a majority of the residents residing in their housing
 
 6 project.  The signatures must be collected and received by the
 
 7 corporation no later than thirty days after the corporation's
 
 8 deadline for notice specified in subsection (a).
 
 9      §291G- Resident advisory board nomination of board member.
 
10 (a) The resident advisory board shall recommend to the governor
 
11 the names of two individuals who reside in public housing prior
 
12 to the governor filling any vacancy for board positions which
 
13 require that the public member reside in state or federal public
 
14 housing; 
 
15      (b)  The resident advisory board shall make its
 
16 recommendation for the nominee to the board at a public meeting.
 
17 The corporation shall send notice of the meeting, at least
 
18 twenty-one days prior to the public meeting to all active
 
19 resident associations.
 
20      (c)  The nominee to the board shall be:
 
21      (1)  A resident of state or federal low rent housing
 
22           assisted by the corporation and need not be a member of
 
23           the resident advisory board;
 

 
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 1      (2)  At least eighteen years of age; and
 
 2      (3)  A signatory on the housing lease agreement.
 
 3      SECTION 3.  Section 201G-3, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "§201G-3 Board; establishment, functions, duties.(a)
 
 6 There is created a board consisting of [nine] eleven members, of
 
 7 whom [six] eight shall be public members appointed by the
 
 8 governor as provided in section 26-34.  Public members shall be
 
 9 appointed from each of the counties of Honolulu, Hawaii, Maui,
 
10 and Kauai.  One public member shall be the chairperson of the
 
11 rental housing trust fund advisory commission.  One public member
 
12 shall reside in federal low rent public housing or federal
 
13 section 8 tenant-based housing assisted by the corporation.  One
 
14 public member shall reside in state low rent public housing
 
15 assisted by the corporation.  The public members of the board
 
16 shall serve four-year staggered terms; provided that the initial
 
17 appointments shall be as follows: two members to be appointed for
 
18 four years; two members to be appointed for three years; and one
 
19 member to be appointed for two years.  The chairperson of the
 
20 rental housing trust fund advisory commission shall serve a
 
21 concurrent term on the board.  The director of business, economic
 
22 development, and tourism and the director of human services, or
 
23 their designated representatives, and a representative of the
 

 
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 1 governor's office, shall be ex officio voting members.  The
 
 2 corporation shall be headed by the board.
 
 3      (b)  The board of directors shall select a chairperson and
 
 4 vice-chairperson from among its members.  The director of
 
 5 business, economic development, and tourism or the director of
 
 6 human services shall be ineligible to serve as chairperson of the
 
 7 board.
 
 8      (c)  [Five] six members shall constitute a quorum, whose
 
 9 affirmative vote shall be necessary for all actions by the
 
10 corporation.  The members shall receive no compensation for
 
11 services, but shall be entitled to necessary expenses, including
 
12 travel expenses, incurred in the performance of their duties."
 
13      SECTION 4.  Section 201G-1, Hawaii Revised Statutes is
 
14 amended by adding the following definitions to be appropriately
 
15 inserted and to read as follows:
 
16      ""Public housing resident" means any person who resides in
 
17 state or federal low rent housing assisted by the corporation, as
 
18 authorized by chapter 201G, who is eighteen years or older and
 
19 whose name appears on the lease agreement."
 
20      ""Tenant based Section 8 recipient" means any recipient of
 
21 tenant based housing assistance authorized by the United States
 
22 Department of Housing and Urban Development and administered by
 
23 the corporation.
 

 
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 1      ""Active resident association" means an association of low
 
 2 rent public housing residents in a state or federal project
 
 3 assisted by the corporation, which has held elections according
 
 4 to its by-laws and which has held not less than four association
 
 5 meetings in the preceding twelve months.  This meeting
 
 6 requirement shall not apply where the election occurred within 6
 
 7 months of the corporation notice of vacancies for resident
 
 8 advisory board members as set forth in section 201G-  .
 
 9      SECTION 5.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 6.  This Act shall take effect upon its approval.
 

 
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