HOUSE OF REPRESENTATIVES	H.B. NO.	1679
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO HOUSING.

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

SECTION 1. Section 356D-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The authority shall select tenants upon the basis of those in greatest need for the particular housing, subject to the following limitations and preferences:

(1) 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; 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) 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, and their dependent parents, if any. The deceased veteran's widow or widower shall be given first preference. Parents of veterans shall not use the veteran status of their adult child as a basis for preference; [and]

(3) Within the priorities established by the authority recognizing need, the authority may give preference to persons residing in the zip code in which a state low-income housing project, as defined in section 350D-51, is constructed for the housing project's initial tenants; and

[(3)] (4) Subject to any limitations set by federal law or regulation, the authority shall not select as a tenant, and may terminate the tenancy of, any person if the person or any household member owns or acquires a home within the State."

SECTION 2. Section 356D-71, Hawaii Revised Statutes, is amended to read as follows:

"§356D-71 Resident selection; dwelling units; rentals. In the administration of elder or elderly housing, the authority shall observe the following with regard to resident selection, dwelling units, and rentals:

(1) Except as provided in this section, the authority shall accept elder or elderly households as residents in the housing projects;

(2) It may give preference to persons residing in the zip code in which elder or elderly housing is constructed for the housing's initial residents;

[(2)] (3) It may accept as residents in any dwelling unit one or more persons, related or unrelated by blood or marriage. It may also accept as a resident in any dwelling unit or in any housing project, in the case of illness or other disability of an elder who is a resident in the dwelling unit or in the project, a person designated by the elder as the elder's live-in aide whose qualifications as a live-in aide are verified by the authority, although the person is not an elder; provided that the person shall cease to be a resident therein upon the recovery of, or removal from the project of, the elder;

[(3)] (4) It may rent or lease to an elder a dwelling unit consisting of any number of rooms as the authority deems necessary or advisable to provide safe and sanitary accommodations to the proposed resident or residents without overcrowding; and

[(4)] (5) Notwithstanding that the elder has no written rental agreement or that the agreement has expired, during hospitalization of the elder due to illness or other disability so long as the elder continues to tender the usual rent to the authority or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the elder, nor shall the authority otherwise cause the elder to quit the dwelling unit involuntarily, demand an increase in rent from the elder, or decrease the services to which the elder has been entitled."

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, 2020.

INTRODUCED BY:

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Report Title:

HPHA; Low-Income Housing; Housing for Elders; Preference

Description:

Authorizes the Hawaii Public Housing Authority to give preference to persons residing in the zip code in which a low-income or elder housing project is constructed for the housing project's initial tenants or residents.

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