HOUSE OF REPRESENTATIVES

H.B. NO.

2491

TWENTY-FIFTH LEGISLATURE, 2010

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public housing.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that neglect and disrepair continue to plague state public housing projects.  Part of the problem appears to be a reluctance on the part of housing residents to care for, and report certain housing conditions, including graffiti, vandalism, and general disrepair to the proper authorities.

The legislature believes that, especially during the current economic crisis, housing residents must take a more active role to reduce maintenance costs by properly caring for their housing units and reporting incidents of disrepair in a timely manner.

The purpose of this Act is to encourage housing residents to play a more active role in their housing project by assessing a minimal common area maintenance fee.  Since the fee is directly related to the cost of maintaining housing project common areas, greater involvement by housing residents will effectively ensure that the fee remains minimal.  This Act also holds housing residents directly responsible for damages caused to a housing unit by the resident.

     SECTION 2.  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; reimbursement for damages.  (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 of 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 the cost of that expense exclusively against that unit resident.

     (c)  The authority, either directly or through its managing agent or resident manager, shall notify public housing residents in writing, of common area expense assessment increases at least thirty days prior to the increase.

(d)  The authority shall seek reimbursement from a unit resident for the full cost of any damages to a unit caused by the unit resident."

     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], including 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, who shall be given first preference."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Public Housing; Common Area Assessment

 

Description:

Requires the Hawaii Public Housing Authority to assess a public housing project common area assessment against all units in the project that is not less than one per cent of the expenses incurred for the common area.  Allows the Authority to charge a tenant for a common area expense caused by the tenant and requires the Authority to seek reimbursement for any damage to a public housing unit caused by a tenant.  Also deletes references to a prospective tenant's need with respect to tenant selection procedures.

 

 

 

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