General Powers

HRS div. 1, tit. 20, ch. 356D, pt. I

in effect

HRS §356D-1 Definitions

356D-1. Definitions The following terms, wherever used or referred to in this chapter shall have the following respective meanings, unless a different meaning clearly appears from the context: "Authority" means the Hawaii public housing authority. "Board" means the board of directors of the Hawaii public housing authority. "Bonds" means any bonds, interim certificates, notes, debentures, participation certificates, pass-through certificates, mortgage-backed obligations, or other evidences of indebtedness of the authority issued pursuant to this chapter. "Community facilities" includes real and personal property; buildings, equipment, lands, and grounds for recreational or social assemblies, and for educational, health, or welfare purposes; and necessary or convenient utilities, when designed primarily for the benefit and use of the authority or the occupants of the dwelling units. "Contract" means any agreement of the authority with an obligee or a trustee for the obligee, whether contained in a resolution, trust indenture, mortgage, lease, bond, or other instrument. "Dwelling", "dwelling unit", or "unit" means any structure or room, for sale, lease, or rent, that provides shelter. "Elder" or "elderly" means a person who is a resident of the State and has attained the age of sixty-two years. "Elder or elderly households" means households in which at least one member is sixty-two years of age, the spouse or partner has attained eighteen years of age, and the remaining members have attained the age of fifty-five years at the time of application to the project. "Elder or elderly housing" means: (1) A housing project intended for and occupied by elder or elderly households; or (2) Housing provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elder or elderly persons, or if the Secretary makes a determination, the project may also be occupied by persons with disabilities who have reached eighteen years of age. "Executive director" means the executive director of the Hawaii public housing authority. "Federal government" includes the United States and any agency or instrumentality, corporate or otherwise, of the United States. "Government" or "government agency" includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. "Household member" means a person who: (1) Is a co-applicant; or (2) Will reside in the dwelling unit leased or rented from the authority. "Land" or "property" includes vacant land or land with site improvements whether partially or entirely finished in accordance with governmental subdivision standards, or with complete dwellings. "Live-in aide" means a person who: (1) Is eighteen years of age or older; (2) Is living in the unit solely to assist the elder or elderly person in daily living activities including bathing, meal preparation and delivery, medicinal care, transportation, and physical activities; (3) Is not legally obligated to support the elder or elderly person; and (4) Is verified by the authority as meeting these requirements. "Mortgage holder" includes the United States Department of Housing and Urban Development, Federal Housing Administration, the United States Department of Agriculture, or other federal or state agency engaged in housing activity, United States Department of Veterans Affairs, Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, private mortgage lender, private mortgage insurer, and their successors, grantees, and assigns. "Mortgage lender" means any bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, credit union, insurance company, or any other financial institution, or a holding company for any of the foregoing, that: (1) Is authorized to do business in the State; (2) Customarily provides service or otherwise aids in the financing of mortgages on single-family or multifamily residential property; and (3) Is a financial institution whose accounts are federally insured or is an institution that is an approved mortgagee for the Federal Housing Administration, an approved lender for the United States Department of Veterans Affairs or the United States Department of Agriculture, or an approved mortgage loan servicer for the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. "Nonprofit organization" means a corporation, association, or other duly chartered entity that is registered with the State and has received a written determination from the Internal Revenue Service that it is exempt under either section 501(c)(3), section 501(c)(4), or so much of section 501(c)(2) as applies to title holding corporations that turn over their income to organizations that are exempt under either section 501(c)(3) or 501(c)(4), of the Internal Revenue Code of 1986, as amended. "Obligee of the authority" or "obligee" includes any bondholder, trustee or trustees for any bondholders, any lessor demising property to the authority used in connection with a housing project, or any assignee or assignees of the lessor's interest or any part thereof, and the United States, when it is a party to any contract with the authority. "Public housing project" or "complex" means a housing project directly controlled, owned, developed, or managed by the authority pursuant to any federally assisted housing as defined in title 24 Code of Federal Regulations section 5.100, but does not include state low-income housing projects as defined in section 356D-51. "Real property" includes lands, land under water, structures, and any and all easements, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise. "Tenant" means any person occupying a dwelling unit or living quarters in any public housing project, under or by virtue of any tenancy lease or rental agreement under or from the authority. "Trustee" means a national or state bank or trust company located within or outside the State that enters into a trust indenture. "Trust indenture" means an agreement by and between the authority and the trustee, that sets forth the duties of the trustee with respect to the bonds, the security therefor, and other provisions as deemed necessary or convenient by the authority to secure the bonds. [L 2006, c 180, pt of §2; am L 2007, c 193, §3; am L 2013, c 149, §1; am L 2022, c 251, §2]

HRS §356D-2 Hawaii public housing authority; establishment, staff

356D-2. Hawaii public housing authority; establishment, staff (a) There is established the Hawaii public housing authority to be placed within the department of human services for administrative purposes only. The authority shall be a public body and a body corporate and politic. (b) The authority shall employ, exempt from chapter 76 and section 26-35(a)(4), an executive director, an executive assistant, a chief financial management advisor, a property management branch chief, a chief planner, and a redevelopment officer, whose salaries shall be set by the board established under section 356D-3; provided that no salary shall exceed the governor's salary. The authority may employ, subject to chapter 76, technical experts and officers, agents, and employees, permanent or temporary, as required. The authority may also employ officers, agents, and employees; prescribe their duties and qualifications; and fix their salaries, not subject to chapter 76, when in the determination of the authority, the services to be performed are unique and essential to the execution of the functions of the authority; provided that if the authority hires an officer, agent, or employee in a capacity not subject to chapter 76, the authority shall include in an annual report to the legislature, to be submitted not later than twenty days prior to the convening of each regular session, the position descriptions and reasons for hiring the personnel in a civil service exempt capacity. The authority may call upon the attorney general for legal services as it may require. The authority may delegate to one or more of its agents or employees the powers and duties it deems proper. [L 2006, c 180, pt of §2; am L 2013, c 152, §1]

HRS §356D-3 Board; establishment, functions, duties

356D-3. Board; establishment, functions, duties (a) There is created a board of directors consisting of eleven members, of whom nine shall be public members appointed by the governor as provided in section 26-34. Public members shall be appointed from each of the counties of Honolulu, Hawaii, Maui, and Kauai. At least one public member shall be a person who is directly assisted by the authority under the federal low-rent public housing or federal section 8 tenant-based housing assistance payments program while serving on the board. One public member shall be an advocate for low-income or homeless persons. One public member shall be a person with a disability or an advocate for persons with disabilities. The public members of the board shall serve four-year staggered terms; provided that the initial appointments shall be as follows: four members shall be appointed for four years; three members shall be appointed for three years; and two members shall be appointed for two years. The director of human services, or a designated representative, and a representative of the governor's office, shall be ex officio[,] voting members. The authority shall be headed by the board. (b) The board of directors shall select a chairperson and vice-chairperson from among its members. The director of human services and the governor's representative shall be ineligible to serve as chairperson of the board. (c) Six members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the authority. The members shall receive no compensation for services, but shall be entitled to necessary expenses, including travel expenses, incurred in the performance of their duties. [L 2006, c 180, pt of §2; am L 2007, c 249, §34; am L 2010, c 48, §2]

HRS §356D-4 General powers of the authority

356D-4. General powers of the authority (a) The authority may: (1) Sue and be sued; (2) Have a seal and alter the same at pleasure; (3) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (4) Adopt bylaws and rules in accordance with chapter 91 for its organization, internal management, and to carry into effect its purposes, powers, and programs; (5) Sell, lease, rent, hold, maintain, use, and operate any property, real, personal, or mixed, tangible or intangible, in support of its purposes, powers, and programs; provided that the sale of real property shall be subject to legislative approval; (6) Receive by gift, grant, devise, bequest, or otherwise from any source, any property, real, personal, or mixed, intangible or tangible, absolutely or in trust, to be used and disposed of, either the principal or the income thereof, for the benefit only of the residents assisted by its programs; provided that no gift to the authority that has an estimated value of $1,000 or more shall be accepted unless approved or confirmed by the board; and (7) Engage the services of volunteers as deemed appropriate by the authority without regard to chapter 76, 89, 90, 103, or 103D. (b) In addition to other powers conferred upon it, the authority may do all things necessary and convenient to carry out the powers expressly provided in this chapter. [L 2006, c 180, pt of §2; am L 2013, c 148, §1]

HRS §356D-5 Resident advisory boards; establishment

356D-5. Resident advisory boards; establishment (a) The authority may establish a resident advisory board or boards, which shall be comprised of federal public housing residents or section 8 tenant-based housing assistance recipients, to assist and make recommendations to the authority regarding the development of the public housing agency plan and any significant amendments or modifications to it. The members of the resident advisory board or boards shall adequately reflect and represent residents of federal public housing projects and recipients of section 8 tenant-based assistance administered by the authority. (b) The members of the resident advisory board shall not be compensated for their services but shall be reimbursed for necessary expenses, including travel expenses, incurred while engaged in business for the resident advisory board. (c) The authority may adopt rules in accordance with chapter 91 with respect to the establishment of the resident advisory board or boards, including rules concerning the composition, eligibility, selection, and term of members. This section shall not apply if it conflicts with any federal law. [L 2006, c 180, pt of §2]

HRS §356D-6 Nomination of resident board member

356D-6. Nomination of resident board member (a) If a vacancy occurs for the resident member seat on the board, the resident advisory board shall compile a list of no less than three but no more than five individuals for the governor's consideration for appointment to the board; provided the nominees to the board shall be: (1) Participants who are directly assisted by the authority under the federal public housing or section 8 tenant-based programs and who need not be members of the resident advisory board; (2) At least eighteen years of age; and (3) Authorized members of the assisted household. (b) Any individual satisfying the requirements of subsection (a) may also submit that individual's name for the governor's consideration for appointment to the board of directors. [L 2006, c 180, pt of §2; am L 2012, c 19, §2]

HRS §356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas

356D-6.5. Prohibition on smoking in and around public housing; designated smoking areas (a) Smoking shall be prohibited in any public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51, within: (1) Each individual housing unit; (2) All common areas; (3) Community facilities; and (4) Twenty-five feet from each individual building and each administrative office building of the public housing project, elder or elderly housing, or state low-income housing project, and from any entrance, exit, window, and ventilation intake that serves an enclosed or partially enclosed area. (b) Notwithstanding subsection (a), the authority may designate one or more permissible smoking areas at least twenty-five feet away from any residential or other building, or any greater distance away as may ensure that the secondhand smoke does not infiltrate any dwelling unit or office. (c) The authority shall place and maintain "No smoking" signage at all entrances and exits of the property. The authority may display additional "No smoking" signage at residential and community facilities at their entrances and exits, offices, and in or at enclosed, partially enclosed, or open common areas for the purpose of conspicuous notice. (d) The authority may adopt rules pursuant to chapter 91 to effectuate the purposes of this section. (e) For purposes of this section: "Common areas" means roofs, halls, sidewalks, corridors, lobbies, stairs, stairways, fire escapes, entrances and exits of the building or buildings, basements, yards, gardens, recreational facilities, parking areas, storage spaces, and other parts of the project or household normally in common use or other areas designated by the authority. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. [L 2014, c 91, §1; am L 2018, c 127, §1]

HRS §356D-6.7 Closed to the public

356D-6.7. Closed to the public (a) Any area within a housing project that is not a public street, road, highway, sidewalk, or county or state bus stop, shall be closed to the public where signs are displayed that read: "Closed to the Public – No Trespassing", or a substantially similar message; provided that the signs: (1) Contain letters no less than two inches in height; and (2) Are placed at reasonable intervals no less than three signs to a mile along the boundary line of the areas that are closed to the public and at all entrances to the property, in a manner and position to be clearly noticeable from outside the boundary line. (b) For the purposes of this section: "Housing project" means a public housing project, elder or elderly housing, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51. [L 2018, c 31, §2]

HRS §356D-7 Fair housing law to apply

356D-7. Fair housing law to apply Notwithstanding any law to the contrary, chapter 515 shall apply in administering this chapter. L 2006, c 180, pt of §2

HRS §356D-7.5 Exemption from tax on income and obligations

356D-7.5. Exemption from tax on income and obligations Income earned and obligations issued by a nonprofit entity determined to be a "public housing agency" pursuant to section 3(b)(6) of the United States Housing Act of 1937, as amended, and which income and obligations are declared by the United States Department of Housing and Urban Development to be exempt from all taxation imposed by the United States pursuant to section 11(b) of the Act, shall be exempt from all taxation now or hereafter imposed by the State. [L 2013, c 146, §1]

HRS §356D-8 Acquisition, use, and disposition of property

356D-8. Acquisition, use, and disposition of property (a) The authority may acquire any real or personal property or interest therein by purchase, exchange, gift, grant, lease, or other means from any person or government to provide public housing. Exchange of real property shall be in accordance with section 171-50. (b) The authority may own or hold real property. All real property owned or held by the authority shall be exempt from mechanics' or materialmen's liens and also from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the property of the authority nor shall any judgment against the authority be a charge or lien upon its real property; provided that this subsection shall not apply to nor limit the right of obligees to foreclose or otherwise enforce any mortgage of the authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees, or revenues. The authority and its property shall be exempt from all taxes and assessments. (c) The authority may lease or rent all or a portion of any public housing project and establish and revise the rents or charges therefor. The authority may sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein to any person or government. (d) The authority may insure or provide for the insurance of its property or operations against risks as it deems advisable. [L 2006, c 180, pt of §2]

HRS §356D-9 Cooperative agreements with other government agencies

356D-9. Cooperative agreements with other government agencies (a) The authority may: (1) Obtain the aid and cooperation of other government agencies in the planning, construction, and operation of public housing projects and enter into agreements and arrangements as it deems advisable to obtain aid and cooperation; (2) Arrange or enter into agreements with any government agency for the acquisition by that agency of property, options, or property rights; for the furnishing, installing, opening, or closing of streets, roads, alleys, sidewalks, or other places; for the furnishing of property, services, parks, sewage, water, and other facilities in connection with public housing projects; or for the changing of the map of a political subdivision or the planning, replanning, zoning, or rezoning of any part of a political subdivision; (3) Procure insurance or guarantees from any government agency for the payment of any debts or parts thereof incurred by the authority, including the power to pay premiums on any such insurance; and (4) Agree to make payments to the state or county government, if the government is authorized to accept payments, as the authority deems consistent with the maintenance of the character of public housing projects or the purposes of this chapter. (b) For the purpose of aiding and cooperating in the planning, construction, and operation of public housing projects located within their respective territorial boundaries, the state or county government, upon those terms, with or without consideration, as it determines, may: (1) Dedicate, grant, sell, convey, or lease any of its property, or grant easements, licenses, or any other rights or privileges therein to the authority or to the federal government; (2) To the extent that it is within the scope of each of their respective functions: (A) Cause the services customarily provided by each of them to be rendered for the benefit of public housing projects and the occupants thereof; (B) Provide and maintain parks; and sewage, water, lights, and other facilities adjacent to or in connection with public housing projects; (C) Open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other related facilities; and (D) Change the map of a political subdivision or plan, replan, zone, or rezone any part of a political subdivision; (3) Enter into agreements with the authority with respect to the exercise of the State or county's powers relating to the repair, closing, or demolition of unsafe, unsanitary, or unfit dwellings; (4) Employ, notwithstanding any other law as to what constitutes legal investments, any available funds belonging to them or within their control, including funds derived from the sale or furnishing of property or facilities to the authority, in the purchase of the bonds or other obligations of the authority, and exercise all the rights of any holder of the bonds or other obligations; (5) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, and construction of public housing projects; and (6) Enter into contracts with the authority or the federal government for any period agreeing to exercise any of the powers conferred by this subsection or to take any other action in aid of public housing projects. In connection with the exercise of the powers conferred by this subsection, any political subdivision may incur the entire expense of any public improvements located within its territorial boundaries without assessment against abutting property owners. For the purpose of aiding and cooperating in the planning, construction, and operation of public housing projects, the department of land and natural resources, the Hawaiian homes commission, and any other agency of the State having power to manage or dispose of its public lands, with the approval of the governor and with or without consideration, may grant, sell, convey, or lease for any period, any parts of such public lands, without limit as to area, to the authority or to the federal government. Any law to the contrary notwithstanding, any gift, grant, sale, conveyance, lease, or agreement provided for in this section may be made by the state or county government without appraisal, public notice, advertisement, or public bidding. If at any time title to, or possession of, any public housing project is held by any government authorized by law to engage in the development or administration of low-income housing or slum clearance projects, any agreement made under this section relating to the project shall inure to the benefit of and may be enforced by that government. Insofar as this subsection is inconsistent with the provisions of any other law, this subsection shall control. (c) Any county in which a public housing project is located or is about to be located may make donations or advances to the authority in sums as the county in its discretion may determine. The advances or donations shall be made for the purpose of aiding or cooperating in the construction and operation of the public housing project. The authority, when it has money available therefor, shall reimburse the county for all advances made by way of a loan to it. [L 2006, c 180, pt of §2]

HRS §356D-10 Agents, including corporations

356D-10. Agents, including corporations The authority may exercise any or all of the powers conferred upon it, either generally or with respect to any specific public housing project through an agent that it may designate, including any corporation that is formed under the laws of this State, and for those purposes the authority may cause one or more corporations to be formed under the laws of this State or may acquire the capital stock of any corporation. Any corporate agent, all of the stock of which shall be owned by the authority or its nominee, may to the extent permitted by law, exercise any of the powers conferred upon the authority in this chapter. [L 2006, c 180, pt of §2]

HRS §356D-11 Development of property

356D-11. Development of property (a) The authority, in its own behalf or on behalf of any government, may: (1) Clear, improve, and rehabilitate property; and (2) Plan, develop, construct, and finance housing projects. (b) The authority may develop public land in an agricultural district subject to the prior approval of the land use commission when developing lands greater than five acres in size. The authority shall not develop state monuments, historical sites, or parks. When the authority proposes to develop public land, it shall file with the department of land and natural resources a petition setting forth that purpose. The petition shall be conclusive proof that the intended use is a public use superior to that to which the land had been appropriated. (c) The authority may develop or assist in the development of federal lands with the approval of appropriate federal authorities. (d) The authority shall not develop any public land where the development may endanger the receipt of any federal grant, impair the eligibility of any government agency for a federal grant, prevent the participation of the federal government in any government program, or impair any covenant between the government and the holder of any bond issued by the government. (e) The authority may contract or sponsor with any county, housing authority, or person, subject to the availability of funds, housing projects designed to meet the needs of elders, disabled, displaced or homeless persons, low- and moderate-income persons, government employees, teachers, or university and college students and faculty. (f) The authority may enter into contracts with eligible developers to develop housing projects in exchange for mixed use development rights. Eligibility of a developer for an exchange pursuant to this subsection shall be determined pursuant to rules adopted by the authority in accordance with chapter 91. As used in this subsection, "mixed use development rights" means the right to develop a portion of a housing project for commercial use. (g) The authority may develop, with an eligible developer, or may assist under a government assistance program in the development of, housing projects. The land planning activities of the authority shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances. Any person, if qualified, may act simultaneously as developer and contractor. In selecting eligible developers or in contracting any services or materials for the purposes of this subsection, the authority shall be subject to all federal procurement laws and regulations. For purposes of this subsection, "government assistance program" means a housing program qualified by the authority and administered or operated by the authority or the United States or any of their political subdivisions, agencies, or instrumentalities, corporate or otherwise. (h) In connection with the development of any housing dwelling units under this chapter, the authority may also develop commercial properties and industrial properties and sell or lease other properties if it determines that the uses will be an integral part of the housing development or a benefit to the community in which the properties are situated. The authority may designate any portions of the housing development for commercial, industrial, or other use and shall have all the powers granted under this chapter with respect thereto. The authority may use any funding authorized under this chapter to implement this subsection. The net proceeds of all sales or leases, less costs to the authority, shall be deposited in the public housing special fund established by section 356D-28. (i) For purposes of this section, "housing" or "housing project" means any home, house, residence, building, apartment, living quarters, abode, domicile, or dwelling unit that is designed principally for the purposes of sheltering people. [L 2006, c 180, pt of §2; am L 2011, c 90, §1; am L 2013, c 151, §1; am L Sp 2021, c 9, §75; am L 2022, c 251, §3]

HRS §356D-11.2 Ceded lands; vacancy; development

356D-11.2. Ceded lands; vacancy; development (a) No housing projects developed or constructed pursuant to this part shall be developed or constructed on ceded land that is vacant on or after January 1, 2022. (b) For the purposes of this section, "housing project" shall have the same meaning as that term is defined in section 356D-11. [L 2022, c 251, §1]

HRS §356D-11.5 Broadband infrastructure

356D-11.5. Broadband infrastructure (a) Each public housing project or state low-income housing project that is built or reconstructed after January 1, 2023, shall be built or reconstructed with all broadband infrastructure that is necessary for tenants to have access to broadband service. (b) As used in this section: "Broadband infrastructure" means the medium used to provide broadband service, including fiber optic cable, copper cable, coaxial cable, and wireless media, such as satellite communications, wireless networks, and worldwide interoperability for microwave access. "Broadband service" means an always-on service that includes but is not limited to computer processing capabilities, information provision, and computing interactivity with data transport, which enables end users to access the Internet and use a variety of applications at minimum speeds established by the Federal Communications Commission. "Broadband service" does not include wireless network infrastructure or facilities used to provide wireless services over a licensed spectrum. "State low-income housing project" has the same meaning as in section 356D-51. [L 2022, c 234, §1; am L 2023, c 194, §2]

HRS §356D-12 Development of property; additional powers

356D-12. Development of property; additional powers (a) Notwithstanding any other law to the contrary, whenever the bids submitted for the development or rehabilitation of any housing project authorized pursuant to this chapter exceed the amount of funds available for that project, the authority, with the approval of the governor, may disregard the bids and enter into an agreement to carry out the project, undertake the project, or participate in the project under the agreement; provided that: (1) The total cost of the agreement and the authority's participation, if any, shall not exceed the amount of funds available for the project; and (2) If the agreement is with a nonbidder, the scope of the project under agreement shall remain the same as that for which bids were originally requested. (b) For purposes of this section, "housing project" shall have the same meaning as that term is defined in section 356D-11. [L 2006, c 180, pt of §2; am L 2022, c 251, §4]

HRS §356D-12.5 Development of property; partnership or development agreement

356D-12.5. Development of property; partnership or development agreement (a) Any housing project may be developed under sections 356D-11 and 356D-12 by the authority in partnership or under a development agreement with a private party; provided that a written partnership or development agreement is executed by the authority. At a minimum, the partnership or development agreement shall provide for: (1) A determination by the authority that the partnership or development agreement is for a public purpose; and (2) Final approval by the authority of the plans and specifications for the housing project. (b) For the development of housing projects pursuant to subsection (a), except as provided by federal law or regulation, the authority shall not be subject to chapters 103 and 103D or any and all other requirements of law for competitive bidding for partnership or development agreements, construction contracts, or other contracts; provided that the authority shall develop internal policies and procedures for the procurement of goods, services, and construction, consistent with the goals of public accountability and public procurement practices. (c) The authority shall submit an annual report to the legislature, no later than twenty days prior to the convening of each regular session, on the status of all housing projects being developed using partnership or development agreements pursuant to subsection (a). (d) The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this section. (e) For the purposes of this section, "housing project" shall have the same meaning as that term is defined in section 356D-11. [L 2012, c 164, §2; am L 2022, c 251, §5]

HRS §356D-13 Administration of federal programs

356D-13. Administration of federal programs (a) The authority may carry out federal programs designated to be carried out by a public housing agency, or entity designated by the authority. (b) The authority shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the program, to carry out any federal program in subsection (a). (c) All fees collected for administering the program may be deposited into an appropriate special fund of the authority and may be used to cover the administrative expenses of the authority. [L 2006, c 180, pt of §2]

HRS §356D-13.2 Housing choice voucher landlord incentive program

356D-13.2. Housing choice voucher landlord incentive program (a) The authority shall adopt rules, without regard to chapter 91, to establish the following incentives for landlords participating in the tenant-based assistance housing choice voucher program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f): (1) The landlord may be reimbursed up to one month of rent at the contract rate when the dwelling unit sits vacant: (A) Between rentals to tenants participating in the section 8 housing choice voucher program; or (B) When the landlord initially transitions the dwelling unit to a rental under the section 8 housing choice voucher program; and (2) The landlord may receive a signing bonus of up to one month of rent at the contract rate when the landlord first joins the section 8 housing choice voucher program by entering into a contract with the authority and securing a tenant participating in the section 8 housing choice voucher program for the dwelling unit; provided that a landlord receiving the signing bonus shall not also receive reimbursement under paragraph (1)(B). (b) The incentives in subsection (a) shall supplement the incentive offered under the section 8 housing choice voucher landlord incentive program established pursuant to Act 215, Session Laws of Hawaii 2019, to reimburse landlords who participate in the section 8 housing choice voucher landlord incentive program for repair costs of tenant-caused property damage when the repair costs exceed the tenant's security deposit. (c) The following requirements shall apply to the reimbursement for repair costs: (1) The landlord shall submit a claim to the authority within thirty calendar days of the tenant vacating the dwelling unit; (2) The authority may reimburse the landlord up to an amount to be determined by the authority for verified costs to repair the tenant-caused property damage, subject to availability of funding; provided that the costs of repair shall exceed the security deposit; and (3) Claims that exceed an amount to be determined by the authority shall include an estimate from a licensed contractor setting forth the costs to repair the damages caused by the tenant to the dwelling unit. [L 2022, c 287, §2]

HRS §356D-13.5 Housing choice voucher program administration

356D-13.5. Housing choice voucher program administration Any housing choice voucher program voucher issued by the authority shall automatically be returned to the authority upon the death or removal from assistance of the last original household member; provided that, where the original head or co-head of the household is survived by a minor who was subsequently added to the household by birth, adoption, or court order and the family properly reported the birth, adoption, or court order to the authority, the household may retain the voucher until the youngest minor added to the household reaches the age of twenty-one, or reaches the age of twenty-three if the youngest minor is a full-time student at a business school, technical school, college, community college, or university. No legal guardian shall be added to the household to care for the minor or minors unless the legal guardian is also eligible for participation in the housing choice voucher program; provided further that any legal guardian added to the household shall not retain the voucher after the youngest minor has reached the age of twenty-one, or has reached the age of twenty-three if the youngest minor is a full-time student at a business school, technical school, college, community college, or university. [L 2014, c 178, §2]

HRS §356D-14 Federal funds outside of state treasury

356D-14. Federal funds outside of state treasury Notwithstanding chapter 38, the authority may establish and manage federal funds outside of the state treasury to be used for federal housing programs. The authority shall invest the funds in permitted investments in accordance with chapter 36. [L 2006, c 180, pt of §2]

HRS §356D-15 Eminent domain, exchange, or use of public property

356D-15. Eminent domain, exchange, or use of public property (a) The authority may acquire any real property, including fixtures and improvements, or interest therein, through: (1) Voluntary negotiation; (2) Exchange of land in accordance with section 171-50, provided that the public land to be exchanged need not be of like use to that of the private land; or (3) By the exercise of the power of eminent domain which it deems necessary by the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and required for public use. The authority shall exercise the power of eminent domain granted by this section in the same manner and procedure as is provided by chapter 101, and otherwise in accordance with all applicable provisions of the general laws of the State; provided that condemnation of parcels greater than fifteen acres shall be subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. (b) The authority may acquire by the exercise of the power of eminent domain property already devoted to a public use; provided that no property belonging to any government may be acquired without its consent, and that no property belonging to a public utility may be acquired without the approval of the public utilities commission; and provided further that the acquisition is subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. [L 2006, c 180, pt of §2]

HRS §356D-16 Contracts with the federal government

356D-16. Contracts with the federal government (a) The authority may: (1) Borrow money or accept grants from the federal government for or in aid of any public housing project that the authority is authorized to undertake; (2) Take over any land acquired by the federal government for the construction or operation of a public housing project; (3) Take over, lease, or manage any public housing project constructed or owned by the federal government, and to these ends, enter into contracts, mortgages, leases, or other agreements as the federal government may require, including agreements that the federal government shall have the right to supervise and approve the construction, maintenance, and operation of the public housing project; (4) Procure insurance or guarantees from the federal government for the payment of any debts or parts thereof secured by mortgages made or held by the authority on any property included in any public housing project; (5) Agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages, payment of not less than prevailing salaries or wages, or compliance with labor standards, in the development or administration of public housing projects, and include in any construction contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor; (6) Comply with any conditions required by the federal government in any contract for financial assistance; and (7) Execute contracts with the federal government. (b) In any contract for annual contributions with the federal government, the authority may obligate itself to convey to the federal government possession of or title to the public housing project to which the contract relates, if a substantial default, as defined by contract, occurs. Notwithstanding any other law to the contrary, this obligation shall be specifically enforceable and shall not constitute a mortgage. The contract may provide further that if a conveyance occurs, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided that the contract shall require that as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the authority the project as then constituted. (c) It is the purpose and intent of this section to authorize the authority to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any public housing project that the authority is empowered to undertake. [L 2006, c 180, pt of §2]

HRS §356D-17 Public works contracts

356D-17. Public works contracts The authority may make, execute, and carry out contracts for, or in connection with, any public housing project in the manner provided in chapter 103D and section 103-53; and, with regard to the contracts, the term "procurement officer", as used in chapter 103D, shall mean the authority or officer authorized by the authority to act as its contracting officer. Unless made and executed in the name of the State, each contract made and executed as authorized in this section shall state therein that it is so made and executed. [L 2006, c 180, pt of §2]

HRS §356D-18 Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc

356D-18. Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc An obligee of the authority shall have the right, in addition to all other rights that may be conferred on the obligee subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior rights of others: (1) By mandamus, suit, action, or proceeding in law or equity to compel the authority, and the members of the board, officers, agents, or employees thereof to perform each and every item, provision, and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter; (2) By suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee of the authority; (3) By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any public housing project or any part thereof to be surrendered to any obligee having the right to possession pursuant to any contract of the authority; (4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the authority), to obtain the appointment of a receiver for any public housing project of the authority or any part or parts thereof. If a receiver is appointed, the receiver may enter and take possession of the public housing project or any part or parts thereof, operate and maintain the project, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the authority itself might do and shall keep the moneys in a separate account or accounts and apply the moneys in accordance with the obligations of the authority as the court shall direct; and (5) By suit, action, or proceeding in any court of competent jurisdiction to require the authority and the members of the board thereof to account as if it and they were the trustees of an express trust. [L 2006, c 180, pt of §2]

HRS §356D-19 Subordination of mortgage to agreement with government

356D-19. Subordination of mortgage to agreement with government The authority may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a government agency of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In that event, any purchaser or purchasers at a sale of the property of the authority pursuant to a foreclosure of the mortgage or any other remedy in connection therewith shall obtain title subject to the contract. [L 2006, c 180, pt of §2]

HRS §356D-20 Duty to make reports

356D-20. Duty to make reports Except as otherwise provided by law, the authority shall be responsible for the following reports: (1) The authority shall file at least once a year with the governor a report of its activities for the preceding fiscal year; (2) The authority shall report to the comptroller on moneys deposited in depositories other than the state treasury under section 40-81, and rules adopted thereunder; and (3) The authority shall submit an annual report to the legislature on all program areas no later than twenty days prior to the convening of each regular session, that shall provide the following information on the status of its programs and finances: (A) A financial audit and report conducted on an annual basis by a certified public accounting firm; and (B) Recommendations with reference to any additional legislation or other action that may be necessary to carry out the purposes of this chapter. [L 2006, c 180, pt of §2]

HRS §356D-21 Bonds; authorization

356D-21. Bonds; authorization (a) The authority, with the approval of the governor, may issue from time to time bonds (including refunding bonds to pay, retire, or provide for the retirement of bonds previously issued by the authority) in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for any of its corporate purposes. (b) All bonds shall be issued pursuant to part III of chapter 39, except as provided in this part. (c) The bonds shall be issued in the name of the authority, and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding sixty years from the date of issuance. (d) The authority may issue bonds as it may determine, including without limitation bonds payable from and secured, in whole or in part, by: (1) Income and revenues derived from the public housing project or projects financed from the proceeds of bonds; (2) Receipts derived from any grant from the federal government made in aid of a public housing project or projects financed from the proceeds of bonds; (3) Income and revenues derived from a particular designated public housing project or projects whether or not financed, in whole or in part, from the proceeds of bonds; (4) Income and revenues of the authority generally; or (5) Any combination of paragraphs (1) through (4). (e) Any pledge made by the authority shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the authority from and after the time that a financing statement with respect to the revenues, moneys, or property so pledged and thereafter received shall be filed with the bureau of conveyances. Upon the filing, the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be prior to the lien of all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice thereof. This section shall apply to any financing statement heretofore or hereafter filed with the bureau of conveyances with respect to any pledge made to secure revenue bonds issued under this part. (f) Any public housing project or projects authorized by, and undertaken pursuant to, this chapter shall constitute an "undertaking" within the meaning of that term as defined and used in part III, chapter 39. The authority shall constitute a "department" and the board shall constitute a "governing body" within the meaning of those terms as defined and used in part III, chapter 39. (g) Neither the members of the board nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. [L 2006, c 180, pt of §2]

HRS §356D-22 Bonds; interest rate, price, and sale

356D-22. Bonds; interest rate, price, and sale (a) The bonds shall bear interest at rates payable at times that the authority, with the approval of the governor, may determine except for deeply discounted bonds that are subject to redemption or retirement at their accreted value; provided that the discounted value of the bonds shall not exceed ten per cent of any issue; and provided further that no bonds may be issued without the approval of the director of finance and the governor. Notwithstanding any other law to the contrary, the authority may, subject to the approval of the director of finance and the governor, issue bonds pursuant to section 356D-21, in which the discounted value of the bonds exceeds ten per cent of the issue. (b) The authority may include the costs of undertaking and maintaining any public housing project or projects for which the bonds are issued in determining the principal amount of bonds to be issued. In determining the cost of undertaking and maintaining the public housing project, the authority may include the cost of studies and surveys; insurance premiums; underwriting fees; financial consultant, legal, accounting, and other services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period determined by the authority. [L 2006, c 180, pt of §2]

HRS §356D-23 Trustee; designation, duties

356D-23. Trustee; designation, duties (a) The authority may designate a trustee for each issue of bonds secured under the same trust indenture; provided that the trustee shall be approved by the director of finance. (b) The trustee shall be authorized by the authority to receive and receipt for, hold, and administer the proceeds of the bonds, and to apply the proceeds to the purposes for which the bonds are issued. (c) The trustee shall also be authorized by the authority to receive and receipt for, hold, and administer the revenues derived by the authority from any public housing project or projects for which the bonds are issued or the projects pledged to the payment of the bonds, and to apply the revenues to the payment of the cost of administering, operating, and maintaining the public housing project or projects, to pay the principal of and the interest on the bonds, to the establishment of reserves, and to other purposes as may be authorized in the proceedings providing for the issuance of the bonds. (d) Notwithstanding section 39-68, the director of finance may appoint the trustee to serve as fiscal agent for: (1) The payment of the principal of and interest on the bonds; and (2) The purchase, registration, transfer, exchange, and redemption of the bonds. (e) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the bonds and coupons, if any, that have been paid and the supervision of their destruction in accordance with law. (f) Nothing in this part shall limit or be construed to limit the powers granted to the director of finance in sections 36‑3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [L 2006, c 180, pt of §2; am L 2016, c 42, §10]

HRS §356D-24 Trust indenture

356D-24. Trust indenture (a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the authority for the purposes of this part. (b) A trust indenture may allow the authority to pledge and assign to the trustee agreements related to the public housing project or projects and the rights of the authority thereunder, including the right to receive revenues thereunder and to enforce the provision thereof. (c) Where a trust indenture provides that any bond issued under that trust indenture is not valid or obligatory for any purpose unless certified or authenticated by the trustee, all signatures of the officers of the State upon the bonds required by section 39-56 may be facsimiles of their signatures. (d) A trust indenture shall also contain provisions as to: (1) The investment of the proceeds of the bonds, the investment of any reserve for the bonds, the investment of the revenues of the public housing project or system of public housing projects, and the use and application of the earnings from investments; and (2) The terms and conditions upon which the holders of the bonds or any portion of them or any trustee thereof may institute proceedings for the enforcement of any agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived therefrom. (e) A trust indenture may also contain provisions deemed necessary or desirable by the authority to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the public housing projects or in the financing of the costs of administering, operating, or maintaining the public housing projects. [L 2006, c 180, pt of §2]

HRS §356D-25 Investment of reserves, etc

356D-25. Investment of reserves, etc The authority may invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, including the proceeds of bonds, in property or securities in which the director of finance may legally invest, as provided in section 36-21; provided that funds held outside the state treasury may be invested for terms not to exceed thirty-five years. No provisions with respect to the acquisition, operation, or disposition of property by other government agencies shall be applicable to the authority unless the legislature shall specifically so state. [L 2006, c 180, pt of §2]

HRS §356D-26 Security for funds deposited by the authority

356D-26. Security for funds deposited by the authority The authority, by resolution, may provide that all moneys deposited by it shall be secured: (1) By any securities by which funds deposited by the director of finance may be legally secured as provided in section 38-3; or (2) By an undertaking with sureties as are approved by the authority faithfully to keep and pay over upon the order of the authority any deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for those deposits. [L 2006, c 180, pt of §2]

HRS §356D-27 Arbitrage provisions; interest rate

356D-27. Arbitrage provisions; interest rate (a) Notwithstanding any other law to the contrary, neither the authority nor the director of finance shall make loans or purchase mortgages with the proceeds of general obligation bonds of the State or from a revolving fund established or maintained from the proceeds of bonds, at a rate of interest or upon terms and conditions that would cause any general obligation bond of the State or any bond to be an "arbitrage bond" within the meaning of that term as defined in the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto. (b) The rate of interest on loans made under this chapter from the proceeds of general obligation bonds of the State shall be established by the authority, with the approval of the director of finance, after each sale of general obligation bonds of the State, the proceeds of which are to be used for the purposes of making loans or purchasing mortgages under this chapter. If no sale of general obligation bonds of the State intervenes in a twelve-month period after the last rate fixing, the authority may review the then existing rates on loans or mortgages made under this chapter from the proceeds of general obligation bonds of the State and retain the existing rate or, with the approval of the director of finance, establish different rates. (c) The director of finance shall approve those rates so as to produce up to, but not in excess of, the maximum yield to the State or the authority permitted under the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto, on the assumption that the general obligation bonds of the State, the proceeds of which have been or are to be used for the purposes of making loans or purchasing mortgages under this chapter, would otherwise be "arbitrage bonds" under the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto, were the maximum yield to be exceeded. The establishment of the rates of interest shall be exempt from chapter 91. [L 2006, c 180, pt of §2]

HRS §356D-28 Public housing special fund

356D-28. Public housing special fund (a) There is established the public housing special fund to be administered by the authority. Notwithstanding section 36-21, the proceeds in the fund shall be used for long-term and other special financings of the authority and for necessary expenses in administering this chapter. (b) All moneys received and collected by the authority, not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing special fund. [L 2006, c 180, pt of §2; am L 2016, c 42, §11; am L Sp 2021, c 9, §76]

HRS §356D-29 Quitclaim deeds

356D-29. Quitclaim deeds Unless otherwise provided by law, the authority shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter. L 2006, c 180, pt of §2

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0356D/HRS_0356D-.htmFetched: 11/10/2026