Report Title:

Public Housing

Description:

Allows any person to appeal a denial of eligibility for public housing that is based on an eviction which occurred more than ten years prior to the current application for public housing, subject to conditions. (SB2762 HD1)

THE SENATE

S.B. NO.

2762

TWENTY-THIRD LEGISLATURE, 2006

S.D. 1

STATE OF HAWAII

H.D. 1

 

A BILL FOR AN ACT

 

relating to public housing.

 

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

SECTION 1. The existing rules regarding public housing state that anyone evicted from public housing after 1985 shall never be eligible for placement in public housing in the future. Recognizing both the need to keep out bad tenants and the ability of people to change their ways, the State needs to offer the possibility of a second chance, through an appeal process, for applicants previously evicted to become eligible again for public housing.

The purpose of this Act is to allow persons denied eligibility for public housing based upon an eviction after 1985, but not less than ten years prior to the current application, the right to appeal the denial.

SECTION 2. Section 201G-32, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In the operation or management of a public housing project, the administration (acting directly or by an agent or agents) shall at all times, observe the following duties with respect to rentals and tenant selections:

(1) It may establish maximum limits of annual net income for tenant selection in any public housing project, less [such] any exemptions [as] that may be authorized by federal regulations pertaining to public housing. The administration may agree to conditions as to tenant eligibility or preference required [by the federal government pursuant to] under federal law in any contract for financial assistance with the administration;

(2) It may rent or lease the dwelling accommodations therein only at rentals within the financial reach of persons who lack the amount of income which it determines to be necessary [in order] to obtain safe, sanitary, and uncongested dwelling accommodations within the area of operation of the administration 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) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding[.]; and

(4) It shall allow any person to appeal to the administration a denial of eligibility for public housing based on an eviction that occurred ten or more years prior to the current application for public housing. Upon appeal, the administration may reverse the earlier denial and may allow admittance to public housing at its discretion following the recommendation of the executive director; provided that the person shall:

(A) Not be subject to any prohibition under federal law against admission to public housing;

(B) Not have any outstanding liability for unpaid rent or damages relating to public housing; and

(C) Have written verification of responsible behavior since the eviction, including but not limited to favorable landlord references and completion of drug rehabilitation or anger management when required by a competent authority."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2096.