Bill Text: HI HB1694 | 2010 | Regular Session | Amended
Bill Title: Public Housing; Common Area Expenses; Minimum Rent; Preferences
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1694 Detail]
Download: Hawaii-2010-HB1694-Amended.html
Report Title:
Public Housing; Common Area Expenses; Minimum Rent; Preferences
Description:
Authorizes the Hawaii public housing authority to assess all units in a state public housing project for common area expenses. Requires the authority to establish a minimum rent schedule. Requires a minimum monthly rent for state public housing units and annual Consumer Price Index adjustment of minimum rent. Requires the Authority to seek reimbursement for the full cost of damages to a unit. Effective 7/1/2020. (SD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1694 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO PUBLIC HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§356D‑ Assessments for common area expenses. (a) In accordance with rules adopted by the authority pursuant to chapter 91, at least one per cent of common area expenses for a state public housing project shall be assessed against all the units in the state public housing project.
(b) If any common area expense is caused by the misconduct of any unit resident, the authority may assess that expense exclusively against the unit resident.
(c) The authority, either directly or through its managing agent or resident manager, shall notify the unit residents of a state public housing project in writing of common area expense assessment increases at least thirty days prior to an increase." SECTION 2. Section 356D-8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§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[.]; provided that the authority shall:
(1) Establish a schedule setting forth the minimum rent for state public housing units by number of bedrooms and type of project;
(2) Charge no less than $ per month for any state public housing unit; and
(3) Annually adjust the minimum rent by the percentage, if any, by which the consumer price index for the year exceeds the consumer price index for the prior year. The consumer price index for any year is the average of the consumer price index for all urban consumers as determined by the United States Department of Labor for the applicable county, or if not published for the county, then for the state.
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.
(e) The authority shall seek reimbursement from tenants for the full cost incurred in repairing damages to a tenant's unit.
(f) The minimum rent set forth in subsection (c) shall not apply whenever its application will disqualify the authority from receiving federal funds or aid."
SECTION 3. Section 356D-42, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-42[]] Housing;
tenant selection. Subject to the following limitations and preferences,
the authority shall select tenants [upon the basis of those in greatest need]
for the particular housing. The authority may limit the tenants of any state
low-income housing project to classes of persons when required by federal law
or regulation as a term or condition of obtaining assistance from the federal
government. [Within the priorities established by the authority recognizing
need, veterans] Veterans with a permanent disability of ten per cent
or more as certified by the United States Department of Veterans Affairs, the
dependent parents of the veteran, and the deceased veteran's widow shall be
given first preference."
SECTION 4. Section 356D-43, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Notwithstanding any other law to the
contrary, the authority shall fix the rates of the rentals for dwelling units
and other facilities in state low-income housing projects provided for by this
subpart, at rates that will produce revenues that will be sufficient to pay all
expenses of management, operation, and maintenance, including the cost of
insurance, a proportionate share of the administrative expenses of the
authority to be fixed by it, and the costs of repairs, equipment, and
improvements, to the end that the state low‑income housing projects shall
be and always remain self‑supporting[.]; provided that the
rates of the rentals shall be no less than the minimum rent set forth in
section 356D-8. The authority, in its discretion, may fix the rates in
amounts as will produce additional revenues (in addition to the foregoing)
sufficient to amortize the cost of the state low‑income housing project
or projects, including equipment, over a period or periods of time that the
authority may deem advisable."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2020.
