THE SENATE	S.B. NO.	82
TWENTY-SEVENTH LEGISLATURE, 2013		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.

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

PART I

     SECTION 1.  Section 356D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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 other instruments necessary or convenient to the exercise of its powers; [and]

     (4)  Adopt bylaws and rules in accordance with chapter 91 for its organization, internal management, and to carry into effect its purposes, powers, and programs[.];

(5) Sell, lease, rent, hold, maintain, use, and operate any property, real, personal, or mixed, tangible or intangible, in support of its purposes, powers, and programs; provided that the sale of real property shall be subject to legislative approval;

(6) Receive by gift, grant, devise, bequest, or otherwise from any source, any property, real, personal, or mixed, intangible or tangible, absolutely or in trust, to be used and disposed of, either the principal or the income thereof, for the benefit only of the residents assisted by its programs; provided that no gift to the authority that has an estimated value of $1,000 or more shall be accepted unless approved or confirmed by the board; and

(7) Engage the services of volunteers as deemed appropriate by the authority without regard to chapter 76, 89, 90, 103, or 103D."

PART II

     SECTION 2.  Section 356D-31, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"[[]§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 the legislature shall determine any preference not established pursuant to federal law;

     (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."

     SECTION 3.  Section 356D-42, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§356D-42[]] Housing; tenant selection.  (a)  Subject to the following limitations and preferences, the authority shall select tenants upon the basis of those in greatest need for the particular housing.  The authority may limit the tenants of any state low-income housing project to classes of persons when required by federal law or regulation as a term or condition of obtaining assistance from the federal government.  Within the priorities established by the authority recognizing need, veterans with a permanent disability of ten per cent or more as certified by the United States Department of Veterans Affairs, the dependent parents of the veteran, and the deceased veteran's widow shall be given first preference.

(b)  Except for any preference established by federal law, the legislature shall establish any preferences."

PART III

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

Hawaii Public Housing Authority; General Powers

Description:

Authorizes Hawaii Public Housing Authority to receive, use, and dispose of property and sell real property subject to legislative approval; receive gifts to benefit public housing residents; and use volunteer services.  Requires public housing preferences, other than those required by federal law, be established by the legislature.  Effective July 1, 2050.  (SB82 HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.