Hawai'i Revised Statues, Chapter 356DHPHA's Administrative RulesHPHA's Board Adopted PoliciesFair Housing & Equal Opportunity PolicyAdmissions & Continued Occupancy PolicySection 8 Housing Choice Voucher Admin PlanHUD RegulationsFreedom of Information Act
Chapter 356D,
Hawai`i Revised Statutes (HRS)
The laws in the Hawai‘i Revised Statutes (HRS) are passed by the Hawai‘i State Legislature, which consists of the Hawai‘i House of Representatives and the Hawai‘i Senate. The House of Representatives contains 51 members, while the Senate contains 25 members. The members of the House of Representatives serve two-year terms, while the members of the Senate serve four-year terms. The members of each chamber are not subject to any term limits.
HPHA's Hawaii Administrative Rules
This section contains information on "proposed rules and rule making actions" as well as the approved Administrative Rules for the Hawai‘i Public Housing Authority.
Proposed Administrative Rules
Approved Administrative Rules
Proposed Emergency Administrative Rules
Approved Emergency Administrative Rules
Expired Emergency Rules
DISCLAIMER
These rules are to be used for informational purposes only. Any copies of these rules created from the Hawai‘i Public Housing Authority are considered UNOFFICIAL. The State of Hawai‘i, Department of Human Services, and the Hawai‘i Public Housing Authority are not liable for any claims, damages, and costs including attorney's fees, arising out of or in connection with the use of the unofficial rules. Copies of the official rules are available for distribution at a nominal cost by calling (808) 832-4681.
HPHA's Board Adopted Policies
Fair Housing & Equal Housing Opportunity Policy
The Civil Rights Act of 1968, as amended by the Fair Housing Amendment Act of 1988, provides civil rights protection to applicants and tenants of rented or leased housing and purchasers of residential dwelling units. These rights are also included in Chapter 515. Hawai‘i Revised Statues which further expands the protection provided by State law.
Together, Federal and State laws, prohibit housing discrimination based on a person's RACE, COLOR, RELIGION, ANCESTRY/NATIONAL ORIGIN, SEX, FAMILIAL STATUS, PHYSICAL OR MENTAL DISABILITY, MARITAL STATUS, AGE, HIV INFECTION OR SEXUAL ORIENTATION AND GENDER IDENTITY. These are called the "protected classes."
The Hawai‘i Public Housing Authority will not use the fact that you or any person in your household is a member of a protected class as a reason to:
1. Print, circulate, post, mail or cause to be published any statements, advertising or sign, which indicates, directly or indirectly, an intent to discriminate in any rental transaction
2. Represent that the dwelling unit is not available for inspection, sale, rent or lease, when in fact, it is available.
3. Refuse to allow a prospective buyer or renter to inspect the dwelling unit.
4. Refuse to accept or transmit a bona-fide offer to buy, rent or lease a dwelling unit.
5. Ask questions or use an application form containing questions that indicate, directly or indirectly, an intent to limit or discriminate in the tenant selection process.
6. Steer the applicant or buyer by stating or implying that they would be happier or more comfortable living somewhere else or in another neighborhood.
7. Communicate, through word or conduct, in an attempt to discourage the applicant or purchaser from applying for or accepting the dwelling unit.
8. State directly or imply that the applicant or buyer will not be considered in the selection process.
9. Require the applicant or buyer to meet different selection qualifications or subject their application to a different selection review than others.
10. Refuse to enter into a purchase, rent or lease agreement, if applicant or buyer is an otherwise qualified applicant.
11. Impose different terms, conditions or privileges in the use or furnishing of services or facilities connected with a dwelling unit.
12. Establish unreasonable house rules or rental terms or enforce the house rules or rental terms against only some residents and not equally against all residents.
13. Refuse to make reasonable accommodations in the rules, policies, practices or services when necessary to afford a disabled resident an equal opportunity to use and enjoy the dwelling, including public and common use areas.
14. Refuse to permit, at tenant's expense, reasonable modifications of the existing premises, if necessary, to afford a disabled tenant full enjoyment of the dwelling.
THE HAWAI‘I PUBLIC HOUSING AUTHORITY SUPPORTS YOUR RIGHT TO A FAIR AND EQUAL OPPORTUNITY TO OBTAIN AND REMAIN IN HOUSING OF YOUR CHOOSING.
If you have any questions or require additional information about your fair housing rights, you may call the STATE FAIR HOUSING OFFICER at (808) 832-4680 or TDD (808) 832-6083, or read the FAIR HOUSING BOOKLET linked here.
Together, Federal and State laws, prohibit housing discrimination based on a person's RACE, COLOR, RELIGION, ANCESTRY/NATIONAL ORIGIN, SEX, FAMILIAL STATUS, PHYSICAL OR MENTAL DISABILITY, MARITAL STATUS, AGE, HIV INFECTION OR SEXUAL ORIENTATION AND GENDER IDENTITY. These are called the "protected classes."
The Hawai‘i Public Housing Authority will not use the fact that you or any person in your household is a member of a protected class as a reason to:
1. Print, circulate, post, mail or cause to be published any statements, advertising or sign, which indicates, directly or indirectly, an intent to discriminate in any rental transaction
2. Represent that the dwelling unit is not available for inspection, sale, rent or lease, when in fact, it is available.
3. Refuse to allow a prospective buyer or renter to inspect the dwelling unit.
4. Refuse to accept or transmit a bona-fide offer to buy, rent or lease a dwelling unit.
5. Ask questions or use an application form containing questions that indicate, directly or indirectly, an intent to limit or discriminate in the tenant selection process.
6. Steer the applicant or buyer by stating or implying that they would be happier or more comfortable living somewhere else or in another neighborhood.
7. Communicate, through word or conduct, in an attempt to discourage the applicant or purchaser from applying for or accepting the dwelling unit.
8. State directly or imply that the applicant or buyer will not be considered in the selection process.
9. Require the applicant or buyer to meet different selection qualifications or subject their application to a different selection review than others.
10. Refuse to enter into a purchase, rent or lease agreement, if applicant or buyer is an otherwise qualified applicant.
11. Impose different terms, conditions or privileges in the use or furnishing of services or facilities connected with a dwelling unit.
12. Establish unreasonable house rules or rental terms or enforce the house rules or rental terms against only some residents and not equally against all residents.
13. Refuse to make reasonable accommodations in the rules, policies, practices or services when necessary to afford a disabled resident an equal opportunity to use and enjoy the dwelling, including public and common use areas.
14. Refuse to permit, at tenant's expense, reasonable modifications of the existing premises, if necessary, to afford a disabled tenant full enjoyment of the dwelling.
THE HAWAI‘I PUBLIC HOUSING AUTHORITY SUPPORTS YOUR RIGHT TO A FAIR AND EQUAL OPPORTUNITY TO OBTAIN AND REMAIN IN HOUSING OF YOUR CHOOSING.
If you have any questions or require additional information about your fair housing rights, you may call the STATE FAIR HOUSING OFFICER at (808) 832-4680 or TDD (808) 832-6083, or read the FAIR HOUSING BOOKLET linked here.
If you believe that you have been, presently are or may be a victim of housing discrimination, you should call:
Hawai'i State Civil Rights Commission
O‘ahu: (808) 586-8636, TDD (808) 586-8692
Hawai‘i: (808) 974-4000, Ext. 68636, TDD Ext. 68692
Kaua‘i: (808) 274-3141, Ext. 68636, TDD Ext. 68692
Maui: (808) 984-2400, Ext. 68636, TDD Ext. 68692
Moloka‘i and Lānaʻi: 1-800-468-4644, Ext. 68636, TDD Ext. 68692.
Hawai‘i: (808) 974-4000, Ext. 68636, TDD Ext. 68692
Kaua‘i: (808) 274-3141, Ext. 68636, TDD Ext. 68692
Maui: (808) 984-2400, Ext. 68636, TDD Ext. 68692
Moloka‘i and Lānaʻi: 1-800-468-4644, Ext. 68636, TDD Ext. 68692.
U.S. Department of Housing & Urban Development
Phone: (808) 522-8182, Ext. 269
TDD: (808) 522-8193
TDD: (808) 522-8193
Admissions and Continued Occupancy Policy (ACOP)
Administration of the Public Housing Program and the functions and responsibilities of the PHA staff shall be in compliance with the PHA's Personnel Policy and this Admissions and Continued Occupancy Policy (ACOP). The administration of this PHA's housing program will also meet the requirements of the U.S. Department of Housing and Urban Development (HUD). Such requirements include any Public Housing Regulations, Handbooks, and applicable Notices. All applicable Federal, State and local laws, including Fair Housing Laws and regulations also apply. Changes in applicable federal laws or regulations shall supersede provisions in conflict with this policy. Federal regulations shall include those found in Volume 24 CFR, Parts V, VII and IX. (Code of Federal Regulations).
NOTE: On 4/13/17, the HPHA adopted changes to the Admissions and Continued Occupancy Policy (ACOP) Chapters 1, 2, 5, 7, 8, 9, 11, and 15, to:
1. Be Consistent with and Include Reference to Chapter 515, Hawai‘i Revised Statutes, Sections 1246302 and 307, Hawai‘i Administrative Rules, Regarding Familial Status, and HUD’s Final Rule on Equal Access to Housing; and
2. Permanently Adopt Changes to ACOP Chapter 11.B Entitled “Annual Recertification” Which Were Previously Effective Until March 31, 2014, Based on HUD’s Final Rule on “Streamlining Administrative Regulations for Public Housing, Housing Choice Voucher, Multifamily Housing, and Community Planning and Development Programs”; and
3. Include other housekeeping revisions.
NOTE: On 4/13/17, the HPHA adopted changes to the Admissions and Continued Occupancy Policy (ACOP) Chapters 1, 2, 5, 7, 8, 9, 11, and 15, to:
1. Be Consistent with and Include Reference to Chapter 515, Hawai‘i Revised Statutes, Sections 1246302 and 307, Hawai‘i Administrative Rules, Regarding Familial Status, and HUD’s Final Rule on Equal Access to Housing; and
2. Permanently Adopt Changes to ACOP Chapter 11.B Entitled “Annual Recertification” Which Were Previously Effective Until March 31, 2014, Based on HUD’s Final Rule on “Streamlining Administrative Regulations for Public Housing, Housing Choice Voucher, Multifamily Housing, and Community Planning and Development Programs”; and
3. Include other housekeeping revisions.
Admissions and Continued Occupancy Policies (ACOP)
Section 8 Housing Choice Voucher (S8/HCV) Admin Plan
The PHA receives its funding for the Housing Choice Voucher (HCV) program from the Department of Housing and Urban Development. The PHA is not a federal department or agency. A public housing agency (PHA) is a governmental or public body, created and authorized by state law to develop and operate housing and housing programs for low-income families. The PHA enters into an Annual Contributions Contract with HUD to administer the program requirements on behalf of HUD. The PHA must ensure compliance with federal laws, regulations and notices and must establish policy and procedures to clarify federal requirements and to ensure consistency in program operation.
Other Section 8 Housing Choice Voucher (S8/HCV) Policies
U.S. Department of Housing and Urban Development (HUD) Regulations
Freedom of Information Act (FOIA)
The basic function of the Freedom of Information Act (FOIA) is to give you the right to access public documents. Visit the Freedom of Information Act website to help you determine if filing an FOIA request is the best option for you.
You may also visit the Office of Information Practices website for information on requesting public information from the State of Hawai’i.
Please email us at hpha@hawaii.gov to request any documents.
You may also visit the Office of Information Practices website for information on requesting public information from the State of Hawai’i.
Please email us at hpha@hawaii.gov to request any documents.
