THE SENATE	S.B. NO.	2343
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC HOUSING.

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

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46-   Section 8 housing choice voucher program. No county shall limit the number of section 8 housing choice voucher program tenants that may occupy a single tax map key property, including a tax map key property that is comprised of three units, each unit may be occupied by section 8 housing choice voucher program tenant."

     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 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[.]; provided that the authority shall not limit the number of tenants in the section 8 housing choice voucher program that may occupy a single tax map key property, including a tax map key property that is comprised of three units, each unit may be occupied by a section 8 housing choice voucher program tenant."

     SECTION 3. If any part of this Act is found to be in conflict with federal requirements that are a prescribed condition for the allocation of federal funds to the State, the conflicting part of this Act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this Act.

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Public Housing; Section 8 Housing Choice Voucher Program

Description:

Prohibits any county and the Hawaii public housing authority from limiting the number of tenants in the section 8 housing choice voucher program that may occupy a single tax map key property, regardless of the number of units comprising the TMK.  Clarifies that in a TMK comprised of 3 units each unit may have one section 8 tenant.

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