Section 8 Housing Assistance Payments Program

TITLE 17 . DEPARTMENT OF SOCIAL SERVICES AND HOUSING SUBTITLE 5 .

HAWAII HOUSING AUTHORITY CHAPTER 528

SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGP.A?4 ;-. .;- a Sk Subchapter 1 General Provisions

§17-528-1 Purpose 517-528-2 Definitions §17-528-3 General applicability and scope Subchapter 2 Conditions Governing the Development of Housing Projects

§17-528-11 Purpose §17-528-12 Authorization for development §17-528-13 Use of state housing program 517-528-14 Permanent and interim construction loans Subdhapter 3 Housing Finance and Development Agencies

sl7-528-k Purpose 517-528-22 New construction project using state set- aside 517-528-23 Selection of proposals §17-528-24 Existing housing Subchapter 4 Management Requirements

§17-528-31 Purpose 517-528-32 Managing agent Subchapter 5 Administration Requirements 517-528-41 Purpose §17-528-42 Contract administrator

528-l

517-528-l

Subchapter 6 Miscellaneous Provisions

S17-528-51 Severability 517-528-52 Number

HISTORICAL NOTE: Chapter 528 of Title 17, Administrative Rules, is substantially based on Rule 21 of Hawaii Housing Authority, Department of Social Services and Housing. [Eff: 7/23/76; R OCT C3 198i

SUBCHAPTER 1 GENERAL PROVISIONS

§17-528-1 Purpose. These rules are adopted under chapter 91, HRS, and implements the housing assistance payments program as established in Title 24 of the Code of Federal Regulations (CFR), Parts 880, 881 and 883. These rules provide and establish the role and procedure of the authority with respect to the Department of Housing and Urban Development (HUD), developers, owners, and eligible lower and very-low income families in implementing the housing assistance payments program. It also authorizes the authority to utilize the CFR's for the development of housing rrz$e_cts for qualified lower income.families. [Eff: ti t sy (Auth: HRS §$356-10, 356-21; 24 CFR 880:'881, 883) (Imp: HRS §356-21; , 881, 883)

S17-528-2 Definitions. As used in this chapter: "Authority" means the Hawaii housing authority. "Housing finance and development agency" (HFDA) means a Housing finance agency (HFA) with development powers. "Section 8 program" means the housing assistance payments program authorized by Section 8, U.S. Housing Act of 1937, as added by Housing and Community Development Act of 1974. "State" means the State of Hawaii. [Eff: CCi 0 j 1951 ] (Auth: HRS 5356-10; 24 CFR 883) (Imp: 24 CFR 883)

517-528-3 General applicability and scope. (a) The rules. contained herein are applicable to the making of 528-2

§17-528-12

housing assistance payments (HAP) on behalf of eligible families leasing housing pursuant to the provlslons of Section 8 of the U.S. Housing Act of 1937. In implement- ing the Section 8 program, the authority shall apply to HUD for the prescribed authority in accordance with the appropriate HUD guidelines governing public housrng agency (PHA) application and designation of contract authority. In any case HUD shall retain the right to review and audit the authority's operations to ensure the authority and owners are in compliance with the terms and conditions established pursuant to this part. (b) To effect implementation of the housing assistance payments program, the authority with the approval of HUD is authorized to lease or cause to be leased to eligible families, newly constructed or substantially rehabilitated units which are in decent, safe and sanitary condition. The authority is further authorized to construct new or substantially rehabilrtate existing housing (or cause such to be done) for the purpose of providing units for particiT;fion in the housing assistance payments program. L : ",CT0 j i421 I (Auth:- HRS $356-10; , 881, 883) (Imp: HRS S356-21;.24 CFR 880, 881, 883)

SUBCHAPTER 2 ‘

CONDITIONS GOVERNING THE DEVELOPMENT OF HOUSING PROJECTS

§17-528-11 Purpose. The purpose of this subchapter iS to set forth those procedures, requirements, and conditions allowing the authority to develop and finance housing‘, _ .... projects under the Section 8 program. [Eff: L4: L J h.' 1 (Auth: HRS §356-10; , 881, 8831 (Imp: HRS 5356-21; ,'881, 883)

§17-528-12 Authorization for development. (a) The authority may either develop real property and construct dwelling units, thereon or substantially rehabilitate existing dwelling units for participation in the housing assistance payments program. (b) When the authority so participates in the Section 8 program, the provisions of the applicable CFR's will apply as follows: (1) New construction units - ; and

528-3

517-528-12

(2) Substantial rehabilitation units - 24 CFR 881. [Eff: or,: 0 s 1981 1 (Auth: HRS 5356-10; 24 CFR 880, 881, 883) (Imp: HRS §356-21; , 881, 883)

517-528-13 Use of state housing program. The provisions of chapter 3596, HRS and 517-525, title 17, administrative rules may be utilized whenever the authority determines that such utilization will provide the optimum results for the development of dwelling units for the lower income families. [Eff: Gizi 0 j igal ] (Auth: HRS 5356-10; , 883) (Imp: HRS 5356-21; , 883)

517-528-14 Permanent and interim construction loans. The authority may provide interim or permanent construc- tion loans to a.developer or an owner for the development and construction or rehabilitation of dwelling units for participation in the Section 8 program. In so doing, the authority shall conform to the requirements as outlined in subchapter 2 and 3, chapter 525, title 17, administrative rules. [Eff: OcTfr j jbbi ] (Auth: HRS §356-10; ) (Imp: HRS §356-21; 24 CFR 880)

SUBCHAPTER 3 HOUSING FINANCE AND DEVELOPMENT AGENCIES

S17-528-21 Purpose. These rules are adopted to allow the authority as a "HFDA" to administer the development of newly constructed or substantially rehabilitated projects under 24 CFR Part 883, Housing assistance payments program. The authority may provide or guarantee the financing o-f these housing projects under this subchapter. The authority shall administer HUD-approved Section 8 existing housing units using set-asides. [Eff: b"; ~5 ;3up 1 (Auth: HRS §356-10; ) (Imp: HRS 53 4 6-21; )

S17-528-22 New construction project using state set-aside. The provisions of shall be utilized for the development and construction of housing projects under this subchapter and utilizing "Fast Track Processing". [Eff: <ii 0 ij iNl I (Auth: HRS 5356-10; ) (Imp: ) 528-4

517-528-24

Selection of (a) For its s17 -528-23 set-asid es, the authorit\ 7 mav--A ir I itiate ~- the development of projects for participation in th .e housing assistance payments program by calling for the submission of a proposal by a owner or developer by publication of a notice t .herefore, at least once in each of two successive weeks in . a newspaper of general circulation in the OL^L^ 3LdLtZ. rnL-.rrVT*+; np chall 111c IL” L&b= =A*-** manerallv -Jb**wL---~ qqt -- forth .the location and area of land involved, the deadline 1 oa .te for. thefs may submission of proposals and any other information 2 be deemed necessary by the authority. The authority _-e --.I uay

choose to submit such proposals as it deems appropriate to HUD for approval. (b) The authority may submit proposals using special procedures applicable to this section as established by HUD guidelines subject to the applicableHRS criteria of 517-525-14. [Eff : OCT0 5 881 ] (Auth: 5356-10; ) (Imp: )

§17-528-24 Existing housing. If the autho rity ,,, an wishes to use all or part of its set-asides for _I_ sions existing housing program, it shall follow the provi set forth in 24 CFR --- 882 except as follows~, may submit an appllcat: ' ion .o HUD (1) The authority -v-s7 t at any time without reference to any HUL invitation for existing housing program applications: applications; and . (2) The authority shall at the same time submit ' 'tto to HUD, on the prescribed HUD form, an *9application appLlcation ._ for assignment of portion of set-aside. to specific project, accompanied by: ck, A certification (A) that itIt has nas made a public announcement that it has has been been grantedgranted aa set-aside in accordance ' :h the with the proce- proce- dures established by HUDHUD for for this this purpose: purpose: and (B) A demonstration that 'the proposed project complements the allocation program of the HUD field office. [Eff: &-I Gs r~* 1 (Auth: HRS 5356-10; ) (Imp: .. )

528-5

S17-528-31

SUBCHAPTER 4 MANAGEMENT iREQUIREMENTS

517-528-31 Purpose. The purpose of this subchapter is to allow the authority to implement rules for manage- ment of dwelling units developed or substantially rehabilitated under and 881. [Eff: OCT0 j 1981 1 (Auth: HRS S356-10; , 881) (Imp: 24 CFR 880, 881)

§17-528-32 Managing agent. When the authority is designated the managing agent of a section 8, new construction project, the authority shall comply with the management requirements established by HUD and set forth in , 881. [Eff: gci 0 5 1991 ] (Auth: HRS 5356-10; , 881) (Imp: , 881)

SUBCHAPTER 5 ADMINISTRATION REQUIREMENTS

S17-528-41 Purpose. The purpose of this subchapter is to allow the authority to administer the housing assistance payment contract (HAPC) authorized under . [Eff: c;' 2 j :sz: ] (Auth: HRS S356-10; ) (Imp: )

17-528-42 Contract administrator. When the authority is designated the contract administrator for a section 8, new construction project, the authority shall insure that the owner or managing agent complies with the management requirements set forth in 24 CFR 883. [Eff: Ci; 0 j :jji I (Auth: HRS 5356-10; 24 CFR 883) (Imp: )

528-6

SUBCHAPTER 6 MISCELUNEOUS PROVISIONS

517-528-51 Severability. If any part, section, sentence, clause, or phrase of this chapter, or its application to any person or transaction or other circumstances is for any reason held to be unconstitutional or invalid, the remaining parts, sections, sentences, clauses, and phrases of this chapter, or the application of this chapter to other persons or transactions or circumstances shall not be affected. [Eff: tic; 11j j34j I (Auth: HRS §356-10) (Imp: HRS S356-21)

§17-528-52 Number. The use of all words used in the singular shall extend to and include the plural. [Eff: c-w 1 (Auth: HRS S356-10) (Imp: HRS Sl-17) !JL, r: 5 ::.;

528-7