Report Title:
Public Housing; Eviction
Description:
Allows a person previously evicted from a public housing to appeal a denial of eligibility for public housing based on that eviction under certain conditions. (SD1)
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THE SENATE |
S.B. NO. |
643 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that state public housing rules prohibit anyone evicted from public housing after 1985 from re-applying for placement in public housing. Recognizing the need to maintain an orderly housing project and the ability of people to reform past behavior, an appeals process is warranted under certain conditions for previously evicted applicants interested in public housing.
The purpose of this Act is to allow persons denied eligibility for public housing based on an eviction after 1985, to appeal a denial for public housing after ten years following the eviction.
SECTION 2. Section 356D-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In the operation or
management of federal public housing projects, the authority [(acting],
either 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] 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;
(2) [It may] 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] the authority determines
[to be] is 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] 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[.]; and
(4) Shall allow a person to appeal to the authority a denial of eligibility for public housing that is based on an eviction that occurred ten years or more prior to the application for public housing. Upon appeal, the authority may reverse the eligibility denial and review an application for public housing from the person if the person is recommended favorably by the executive director or designee; provided that the person shall:
(A) Not be subject to any federal law prohibiting the person from admission to any public housing; and
(B) Have written verification of responsible behavior since the eviction, such as favorable landlord references and completion of drug rehabilitation or anger management programs, if 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 upon its approval.