Homeless Programs

HRS div. 1, tit. 20, ch. 346, pt. XVII

in effect

HRS §346-361 Definitions

346-361. Definitions As used in this part, unless the context otherwise requires: "Donor" means any individual, partnership, corporation, joint-stock company, unincorporated organization, foundation, estate, trust, or any other person or firm that donates money, real property, goods, or services to a homeless facility or any other program for the homeless authorized by this part, including members of any governing body, trustees, officers, partners, principals, stockholders, members, managers, employees, contractors, agents of these entities, or any person who was involved with the donation. "Emergency shelter" means a homeless facility designed to provide temporary shelter and appropriate and available services to homeless families or individuals for a specified period of time who are not able to stay in a transitional shelter or reside in a dwelling unit. "Homeless" means: (1) An individual or family who lacks a fixed, regular, and adequate night-time residence; or (2) An individual or family who has a primary night-time residence that is: (A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; (B) An institution that provides temporary residence for individuals intended to be institutionalized; or (C) A public or private place not designed for or ordinarily used as sleeping accommodations for human beings. This term does not include any individual imprisoned or otherwise detained under an act of Congress or a state law. "Homeless facility" means a development designed to provide shelter for homeless families or individuals pursuant to this part, or to facilitate any other homeless program authorized by this part, and may include emergency or transitional shelters. "Homeless shelter stipend" means a payment to a provider agency from the department to provide temporary shelter and appropriate services for a homeless family or individual at a homeless facility operated or managed by the provider agency. "Provider agency" means an organization, including its governing board, officers, employees, contractors, or agents, contracted by the department to provide labor and services to any homeless facility or any other program for the homeless authorized by this part that is: (1) A for-profit organization incorporated under the laws of the State; or (2) A nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; that has a governing board whose members have no material conflict of interest and who serve without compensation, and that has adopted bylaws or policies that describe the manner in which business is conducted, including policies that relate to nepotism and management of potential conflict of interest situations. "Transitional shelter" means a homeless facility designed to provide temporary shelter and appropriate and available services for a maximum of twenty-four months to homeless families or individuals qualified by the pertinent provider agency or department to stay in the transitional shelter. [L 2010, c 89, pt of §2; am L 2016, c 234, §3; am L 2017, c 100, §4]

HRS §346-362 Duties

346-362. Duties (a) The department of human services shall administer and operate homeless facilities and any other program for the homeless authorized by this part; establish programs for the homeless; and take any other actions necessary to effectuate the purposes of this part. (b) The department shall adopt rules pursuant to chapter 91 for the purposes of this part; provided that these rules, or any rules relating directly to homelessness authorized by any statute, shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91 and shall take effect immediately upon filing with the office of the lieutenant governor. [L 2010, c 89, pt of §2]

HRS §346-363 Exception to liability for donors

346-363. Exception to liability for donors (a) Any donor who gives money to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation. (b) Any donor who gives land and improvements, or who leases land and improvements at a nominal consideration, to a provider agency, to a homeless facility to or through the department, or for any other program for the homeless authorized by this part shall not be liable for any civil damages resulting from the donation, except as may result from the donor's gross negligence or wanton acts or omissions; provided that if the donor at the time of donation gave the department a full disclosure of all the dangers concerning the land and improvements known to the donor, the donor shall not be liable for any civil damages resulting from the donation. (c) Any donor who, in good faith and without remuneration or expectation of remuneration, provides services or materials used to build and construct a facility for the homeless, or who renovates, repairs, or maintains an existing or acquired facility for the homeless, or who provides shelter to homeless persons, shall not be liable for any civil damages resulting from the donor's acts or omissions, except for damages resulting from the donor's gross negligence relating to the donation. (d) The department shall be responsible for inspecting, reviewing, analyzing, qualifying, and determining that the land, structures, materials, or services donated to the department for use by the department in facilities for the homeless are reasonably safe for public use. [L 2010, c 89, pt of §2]

HRS §346-364 Contract or conveyance to the department

346-364. Contract or conveyance to the department Notwithstanding any other law to the contrary, the board of land and natural resources or other state agency holding lands and improvements may contract or otherwise convey at a nominal consideration, by direct negotiation and without recourse to public auction, the land and improvements, or the management, operation, and administrative responsibility over the land and improvements, to the department or its designee. The land and improvements shall be used by the department or its designee for homeless facilities or for any other program for the homeless authorized by this part. [L 2010, c 89, pt of §2]

HRS §346-365 Program administration

346-365. Program administration To the extent that appropriations are made available, the department may contract with a provider agency to administer homeless facilities or any other program for the homeless created by this part. The selection of provider agencies to administer homeless facilities or any other program for the homeless authorized by this part shall not be subject to chapters 42F, 102, and 103. The selection of provider agencies shall be subject to qualifying standards and criteria established by rule. The provider agency shall be qualified by the department to operate and manage a homeless facility or any other program for the homeless authorized by this part pursuant to standards and criteria established by rules for eligibility. [L 2010, c 89, pt of §2]

HRS §346-366 Time limits

346-366. Time limits To the extent that appropriations are made available, a provider agency shall provide shelter or any other program assistance authorized by this part to eligible homeless families and homeless individuals not later than three days after a vacancy occurs, or such time as is set by rule, which shall not be later than seven days after they apply and qualify for the shelter or other program assistance. These time limits may be waived at the discretion of the department for a maximum period of fourteen days for the purpose of implementing repairs to the subject shelter that the department deems major or extensive. [L 2010, c 89, pt of §2]

HRS §346-367 Determination of eligibility and need

346-367. Determination of eligibility and need (a) The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining if an applicant is eligible for shelter or other services at the homeless facility or through any other program for the homeless, pursuant to standards and criteria established by rule. (b) The provider agency or the department operating and managing its own homeless facility shall determine the degree of need for each homeless family or individual and, in its determination, shall consider the resources available and the number of potential eligible applicants in the area served by the homeless facility or other program for the homeless authorized by this part. (c) The department may establish by rule standards and criteria for eligibility, need, and priority for each program; provided that the department may establish by rule exceptions to these eligibility requirements based on special circumstances. [L 2010, c 89, pt of §2]

HRS §346-368 Abuse of assistance

346-368. Abuse of assistance (a) The provider agency operating and managing a homeless facility or any other program for the homeless authorized by this part, or the department operating and managing its own homeless facility, shall be responsible for determining whether a participant is no longer eligible for shelter or other services at the homeless facility or for any other program for the homeless, pursuant to standards and criteria established by rule. (b) Pursuant to rule and the right of due process, the department or its designee, or provider agencies together with the department, may act to bar homeless families or individuals from participating further in any homeless facility or services, may issue a writ of possession, and take other actions as provided by rule. The enforcement of a writ of possession shall be effected either by an officer appointed by the department, who shall have all of the powers of a police officer for all action in connection with the enforcement of the writ, or any other law enforcement officer of the State or any county, whose duty it shall be to enforce the writ. The person enforcing the writ shall remove all persons from the premises and put the department or its designee, or the provider agency designated by the department, in full possession thereof. Upon eviction, the household goods and personal effects of the person against whom the writ is entered, and those of any persons using the premises incident to the person's holding, may be removed from the premises immediately and sold or otherwise disposed of by the department or its designee or the provider agency. The department or its designee or the provider agency shall have a lien on the property so removed for the expenses incurred in moving the property. (c) Any person who enters or remains unlawfully in or upon the premises or living quarters of any homeless facility or any other program for the homeless authorized by this part, after reasonable warning or request to leave by that provider agency's agents, the department or its designee, or a police officer, shall be guilty of a misdemeanor; provided that the offense in this subsection shall be in addition to any other applicable offense in the Hawaii Penal Code. A warning or request shall only be issued if the person has engaged in unlawful conduct or has violated house rules and regulations. The house rules shall be reasonable and a copy shall be provided to each tenant or participant. The warning or request shall supersede any invitation by a tenant or participant at the shelter, facility, or program to that person to visit the premises or living quarters. [L 2010, c 89, pt of §2]

HRS §346-369 Exemptions

346-369. Exemptions (a) Any compensation received by a provider agency for services rendered to homeless families or individuals, or in operating or managing a homeless facility authorized by this part, is exempt from taxation under chapter 237. (b) Any county mayor may exempt, by executive order, donors and provider agencies from real property taxes, water and sewer development fees, rates collected for water supplied to consumers and for use of sewers, and any other county taxes, charges, or fees; provided that any county may enact ordinances to regulate the exemptions granted by this subsection. (c) Any provider agency operating or managing a homeless facility or any other program for the homeless authorized by this part is exempt, for purposes of those facilities or programs, from any requirements contained in part VIII of chapter 346 and chapters 467 and 521. [L 2010, c 89, pt of §2]

HRS §346-370 Emergency or transitional shelter volunteers

346-370. Emergency or transitional shelter volunteers (a) For the purposes of this section, "emergency or transitional shelter volunteer" means an individual who: (1) Is a tenant at an emergency or transitional shelter administered pursuant to this part; (2) Is not an employee of the provider agency operating or managing the shelter; (3) Is under the direction of the provider agency operating or managing the shelter and not the department or the State; and (4) Provides up to eighty hours of volunteer labor or services per month to the provider agency operating or managing the shelter, notwithstanding payment of stipends or credits for the labor and services. (b) Provider agencies may accept labor and services from emergency or transitional shelter volunteers. (c) In addition to any exemptions granted to nonpaid labor, emergency or transitional shelter volunteers who acknowledge in writing that they are emergency or transitional shelter volunteers shall not be construed to be in the employ of the provider agency operating or managing the shelter. The volunteers' labor and services provided to the provider agency operating or managing the shelter shall not be construed to constitute employment, and the volunteers shall not be construed to be employees of the provider agency operating or managing the shelter, under any labor law. [L 2010, c 89, pt of §2]

HRS §346-371 Annual financial audit

346-371. Annual financial audit (a) The department shall require any provider agency that dispensed shelter or assistance for any homeless facility or any other program for the homeless authorized by this part to submit to the department a financial audit when requested, but at least annually. The audit shall be conducted by a certified public accounting firm. This audit shall contain information specific to the funds received under state homeless program contracts. The audit shall include recommendations to address any problems found. (b) Continuing contracts with provider agencies to participate in any program for the homeless authorized by this part shall require that the provider agency address the recommendations made by the audit, subject to exceptions as set by the department. (c) Failure to carry out the recommendations made by the audit may be grounds for the department to bar a provider agency from further contracts for programs authorized by this part until the barred provider has addressed all deficiencies. [L 2010, c 89, pt of §2; am L 2016, c 234, §4; am L 2017, c 100, §4]

HRS §346-372 Provider agency and donor cooperation are not in restraint of trade

346-372. Provider agency and donor cooperation are not in restraint of trade No provider agency or any other agency, or donor or donors, or method or act thereof that complies with this part shall be deemed a conspiracy or combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or fix prices arbitrarily, or the creation of a combination or pool, or to accomplish any improper or illegal purpose. Any cooperation or agreement established pursuant to rule shall not be considered as illegal, in restraint of trade, or as part of a conspiracy or combination to accomplish an illegal purpose or act. [L 2010, c 89, pt of §2]

HRS §346-373 Construction of part

346-373. Construction of part If there is any conflict between this part and any other law, this part shall control. L 2010, c 89, pt of §2

HRS §346-374 Homeless shelter stipends

346-374. Homeless shelter stipends (a) The department may make or may contract to make homeless shelter stipend payments to a provider agency operating or managing an emergency or transitional shelter. Under each contract, the department shall pay homeless shelter stipends only for performance measures actually achieved by the provider agency, such as the number of homeless families or individuals actually provided with shelter and appropriate services at the emergency or transitional shelter. The contract also may include provisions for the automatic adjustment of the homeless shelter stipend amounts, depending on factors agreed to by the department and provider agency. (b) In making homeless shelter stipend payments to a provider agency, the department may establish minimum services to be provided by the provider agency to homeless families or individuals at the provider agency's shelter. The department may also direct provider agencies to establish and manage a savings account program as described in subsection (c). Additionally, the department may direct provider agencies to subcontract for outreach services from other private agencies specializing in programs for the unsheltered homeless. (c) When authorized under a contract with the department, a provider agency may establish and collect shelter and services payments from homeless families or individuals in addition to the amount received in homeless shelter stipend payments. To the extent possible, the shelter and service payment amounts established and collected by a homeless facility, other than an emergency shelter, shall be based on the homeless families' and individuals' ability to pay. If collection of payments based on ability to pay is too difficult, costly, or inefficient for the provider agency, the payment amounts may be based on other criteria authorized under the contract or waived partially or entirely. Provider agencies and the department may also set aside a portion of the payments in a savings account to be made available to homeless families or individuals when these families and individuals vacate the shelter. (d) Any state funding assistance provided to a provider agency for compliance with the minimum requirements under section 346-374.5(b) shall be in addition to homeless shelter stipends paid to the provider agency. [L 2010, c 89, pt of §2; am L 2016, c 234, §5; am L 2017, c 100, §4]

HRS §346-374.5 Emergency shelter; minimum requirements

346-374.5. Emergency shelter; minimum requirements (a) This section shall apply to every emergency shelter operated by a provider agency that is under contract with the department to receive homeless shelter stipends for providing shelter and services to homeless families or individuals at the emergency shelter. (b) The department shall require an emergency shelter to comply with the following: (1) The shelter shall have the number of showers and bathrooms that the department deems appropriate and sufficient for the number of homeless families or individuals who use the shelter and the capacity of the shelter. The showers and bathrooms may be part of the shelter building or portable and unattached to the shelter building; (2) The shelter may have partitioned space for each homeless family or individual that provides separation from other homeless families or individuals in the shelter. The minimum area of the partitioned space and height of the partition shall be determined by the department and may differ among emergency shelters, according to the number of homeless families or individuals who use the shelter and the capacity of the shelter. A shelter that provides separate rooms or portable dwelling units for homeless families or individuals, including converted shipping containers or school classrooms, shall be deemed to exceed this minimum requirement; and (3) The shelter shall provide storage for the personal possessions of each homeless family or individual served by the shelter. The storage shall be securable by the homeless family or individual. The type and number of the storage equipment, space, or area shall be determined by the department. (c) The department may require an emergency shelter to comply with any other requirements that the department deems appropriate or necessary. The requirements established by the department may vary among emergency shelters. (d) A provider agency contracted to operate or manage an emergency shelter not owned by the department shall comply with the minimum requirements of subsection (b). The provider agency shall bear all costs of compliance, unless the department provides or contributes state funding assistance; provided that the state funding assistance shall be: (1) In addition to homeless shelter stipends paid to the provider agency under section 346-374; (2) Subject to the availability of legislative appropriations; and (3) Recoverable, in whole or part, by the department if the provider agency does not perform satisfactorily under or for the duration of the term of its contract with the department to operate or manage the shelter. (e) Any emergency shelter owned by the department shall comply with the minimum requirements under subsection (b), regardless of whether the department contracts with a provider agency to manage or operate the emergency shelter. [L 2016, c 234, §2; am L 2017, c 100, §§2, 4]

HRS §346-375 Temporary emergency shelter

346-375. Temporary emergency shelter (a) In addition to any other duties prescribed by law, the department shall develop, in consultation with the four counties, a procedure for identifying locations that shall be used for temporary emergency shelters for homeless individuals and families. The department shall actively partner with and monitor the efforts of the counties. (b) Each county shall be responsible for partnering with nonprofit organizations to locate, designate, and maintain the areas that shall be used for temporary emergency shelters. The designated locations may include private, county, state, and federal lands. [L 2010, c 89, pt of §2]

HRS §346-376 Additional powers

346-376. Additional powers The powers conferred upon the department by this part shall be in addition and supplemental to the powers conferred by any other law, and nothing in this part shall be construed as limiting any powers, rights, privileges, or immunities conferred. L 2010, c 89, pt of §2

HRS §346-378 Housing first programs

346-378. Housing first programs (a) The department of human services, in consultation with the United States Department of Housing and Urban Development, as necessary, shall implement housing first programs and services, as the department deems appropriate for clientele who would most likely benefit from and succeed with the implementation of housing first programs and services, and subject to the availability of existing funds. (b) The principles of housing first include: (1) Moving chronically homeless individuals into housing directly from streets and shelters, without a precondition of accepting or complying with treatment; provided that the department may condition continued tenancy through a housing first program on participation in treatment services; (2) Providing robust support services for program participants, predicated on assertive engagement instead of coercion; (3) Granting chronically homeless individuals priority as program participants in housing first programs; (4) Embracing a harm-reduction approach to addictions, rather than mandating abstinence, while supporting program-participant commitments to recovery; and (5) Providing program-participants with leases and tenant protections as provided by law. The department of human services may contract with housing first consultants to effectuate the purposes of this section. (c) Housing first programs shall incorporate the following: (1) Identification of target populations, specifically chronically homeless individuals; (2) Developing assessments for the chronically homeless population; (3) Developing service components, including: (A) Financial assistance; (B) In-home case management services; (C) Affordable housing requirements; (D) Landlord cultivation; (E) Housing-placement requirements; and (F) Support services to move program-participants toward self-sufficiency. (d) The department of human services shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2011. The annual report shall include: (1) The total number of participants in housing first programs; (2) The annual costs of the programs; (3) The types of support services offered; and (4) Information regarding the duration of services required for each participant. (e) As used in this section, "chronically homeless individual" means: (1) A homeless individual having a mental illness, addiction, or physical disability who: (A) Lives in a place not meant for human habitation, a safe haven, or an emergency shelter; and (B) Has been homeless and living as described in subparagraph (A) continuously for at least twelve months or on at least four separate occasions in the last three years; provided that the combined occasions equal at least twelve months and each break in homelessness separating the occasions included at least seven consecutive nights of not living in places as described in subparagraph (A); provided further that stays in institutional care facilities for fewer than ninety days shall not constitute a break in homelessness, but shall be included in the twelve-month total if the individual was living in a place not meant for human habitation, a safe haven, or an emergency shelter immediately before entering the institutional care facility; (2) An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than ninety days and met all of the criteria in paragraph (1) before entering that facility; or (3) A family with an adult head of household, or a minor head of household if there is no adult in the family, who meets all of the criteria in paragraph (1) or (2), including a family whose composition has fluctuated while the head of household has been homeless. [L 2010, c 212, pt of §2, §5; am L 2016, c 42, §6; am L 2020, c 65, §2]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0346/HRS_0346-.htmFetched: 11/10/2026