Haw. Code R. § 15-185-66

Current through November, 2024
Section 15-185-66 - Termination of participation
(a) The corporation shall terminate a family's participation in the program when:
(1) The family has been evicted from housing assistance under the program for serious violation of the lease;
(2) Any member of the family fails to sign and submit consent forms for obtaining information in accordance with the program; or
(3) The family does not submit required evidence of citizenship or eligible immigration status.
(b) The corporation may terminate a family's participation in the program when:
(1) The family fails to fulfill their obligations under the program;
(2) Any member of the family has committed fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program;
(3) The family is under contract and one hundred and eighty days have elapsed since the last housing assistance payment was made;
(4) he family has not reimbursed any public housing agency for amounts paid to an owner under a HAP contract on behalf of the family for rent, damages to the unit, or other amounts owed by the family under the lease;
(5) The family breaches an agreement with the corporation to pay amounts owed to the corporation, or amounts paid to an owner by the corporation;
(6) Any member of the family has engaged in or threatened abusive or violent behavior toward the corporation's personnel.

Threatened means an oral or written threat or physical gestures that communicate an intent to abuse or commit violence. Abusive or violent behavior may be verbal or physical and include use of expletives that are generally considered insulting, racial epithets, or other language, written or oral, that is customarily used to insult or intimidate;

(7) Any member of the family has engaged in any drug-related criminal activity or violent criminal activity. For the purpose of this subsection, "violent criminal activity'' means any illegal criminal activity that has as one of it elements the use, attempted use, or threatened use of physical force against the person or property of another;
(8) Any member of the family is illegally using a controlled substance or whose illegal use or pattern of abuse of a controlled substance, or whose abuse of alcohol or pattern of abuse of alcohol is determined by the corporation to interfere with the health, safety, or right to peaceful enjoyment of a rental premises by other residents. In determining whether to terminate assistance based on a pattern of illegal use of a controlled substance or a pattern of abuse of alcohol by a household member, the corporation may consider rehabilitation as provided for under 42 U.S.C. § 13661(b) (2)(A)- (C) effective October 1, 1999, which is incorporated by reference and attached as exhibit I;
(9) A family participating in the family self sufficiency program fails to comply, without good cause, with the family's family self sufficiency contract of participation; or
(10) Welfare-to-work family fails, willfully and persistently, to fulfill its obligations under' the welfare-to-work voucher program.
(c) A participant found to be ineligible for continued participation in the program shall be notified in writing by the corporation and be accorded an opportunity to request an informal hearing as set forth in these rules. Such notice shall state the reasons for the corporation's determination and that the participant has the opportunity to request an informal hearing.

Haw. Code R. § 15-185-66

[Eff DEC 03 2001] (Auth: HRS § 201G-15) (Imp: HRS § 201G-15; 24 C.F.R. §§ 982.551, 982.552, 982.553)