HB 1096: RELATING TO TENANT SELECTION.

A BILL FOR AN ACT

RELATING TO TENANT SELECTION.

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

     SECTION 1.  The legislature finds that the United States Department of Housing and Urban Development-Veterans Affairs Supportive Housing program combines the United States Department of Housing and Urban Development housing choice voucher rental assistance for homeless veterans administered by public housing authorities with case management and clinical services provided through the Department of Veterans Affairs.

     The purpose of this Act is to repeal the tenant selection preferences for disabled veterans and the spouses of deceased veterans in the State low-income public housing program to make state law consistent with federal public housing requirements.

     SECTION 2.  Section 356D-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The authority shall select tenants upon the basis of those in greatest need for the particular housing, subject to the following limitations and preferences:

     (1)  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[;

     (2)  Within the priorities established by the authority recognizing need, veterans with a permanent disability of ten per cent or more, as certified by the United States Department of Veterans Affairs, and their dependent parents, if any.  The deceased veteranꞌs spouse shall be given first preference.  Parents of veterans shall not use the veteran status of their adult child as a basis for preference]; and

    [(3)] (2)  Subject to any limitations set by federal law or regulation, the authority shall not select as a tenant, and may terminate the tenancy of, any person if the person or any household member owns or acquires a home within the State."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Hawaii Public Housing Authority; State Low-Income Housing; Tenant Selection; Preferences

Description:

Repeals the tenant selection preferences for disabled veterans and the spouses of deceased veterans in the State Low-Income Housing Program.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO TENANT SELECTION.

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

     SECTION 1.  The legislature finds that the United States Department of Housing and Urban Development-Veterans Affairs Supportive Housing program combines the United States Department of Housing and Urban Development Housing Choice Voucher rental assistance for homeless veterans administered by public housing authorities with case management and clinical services provided through the Department of Veterans Affairs.

     The purpose of this bill is to repeal the tenant selection preferences for disabled veterans and the spouses of deceased veterans in the State low-income public housing program to make State law consistent with federal public housing requirements.

     SECTION 2.  Section 356D-42, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The authority shall select tenants upon the basis of those in greatest need for the particular housing, subject to the following limitations and preferences:

     (1)  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;

    [(2)  Within the priorities established by the authority recognizing need, veterans with a permanent disability of ten per cent or more, as certified by the United States Department of Veterans Affairs, and their dependent parents, if any.  The deceased veteranꞌs spouse shall be given first preference.  Parents of veterans shall not use the veteran status of their adult child as a basis for preference;] and

    [(3)] (2)  Subject to any limitations set by federal law or regulation, the authority shall not select as a tenant, and may terminate the tenancy of, any person if the person or any household member owns or acquires a home within the State."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Hawaii Public Housing Authority; State Low-Income Housing; Tenant Selection; Preferences

Description:

Repeals the tenant selection preferences for disabled veterans and the spouses of deceased veterans in the State Low-Income Housing Program.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1063

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1096

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1096, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TENANT SELECTION,"

begs leave to report as follows:

     The purpose of this measure is to repeal the statutorily established tenant selection preferences for disabled veterans and spouses of deceased veterans in the State Low-Income Housing Program.

     Your Committee received testimony in support of this measure from the Hawaii Public Housing Authority; Hawaiʻi Civil Rights Commission; and Disability and Communication Access Board.

     Your Committee finds that the Hawaii Public Housing Authority serves the most vulnerable members of the community, including families earning less than thirty percent of the area median income, individuals with disabilities, elderly residents on fixed incomes, and veterans in need of housing assistance.  For the State Low-Income Housing Program, the tenant selection preferences are codified in statute.  This is in contrast with all of the other programs administered by the Authority, where such preferences are not codified in statute, but rather in the Authority's administrative rules.  The codified preferences make it difficult for the Authority to adjust its policies to address evolving housing needs.  This measure repeals the statutory tenant selection preferences allowing the Authority to address such preferences in its administrative rules.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1096, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  547

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1096

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Public Safety, to which was referred H.B. No. 1096, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TENANT SELECTION,"

begs leave to report as follows:

     The purpose of this measure is to repeal the statutorily established tenant selection preferences for disabled veterans and spouses of deceased veterans in the State Low-Income Housing Program.

     Your Committee received testimony in support of this measure from the Hawaii Public Housing Authority.

     Your Committee finds that because tenant selection preferences for the State Low-income Housing Program are currently codified in statute, it can be difficult for the Hawaii Public Housing Authority to adjust policies in response to evolving housing needs.  Your Committee further finds that this measure does not eliminate housing assistance for veterans or their spouses but rather modernizes how preferences are managed, ensuring greater flexibility and responsiveness in addressing housing needs statewide.

     As affirmed by the record of votes of the members of your Committee on Public Safety that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1096, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Public Safety,

STAND. COM. REP. NO.  208

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1096

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 1096 entitled:

"A BILL FOR AN ACT RELATING TO TENANT SELECTION,"

begs leave to report as follows:

     The purpose of this measure is to repeal the tenant selection preferences for disabled veterans and spouses of deceased veterans in the State Low-Income Housing Program.

     Your Committee received testimony in support of this measure from the Hawaii Public Housing Authority.

     Your Committee finds that the existing tenant selection preferences in the State Low-Income Housing Program create inconsistencies with federal public housing regulations, particularly regarding preferences for disabled veterans and spouses of deceased veterans.  These preferences may result in unnecessary complexity and discrepancies between state and federal housing policies.  This measure will align state law with federal public housing requirements by repealing the tenant selection preference for disabled veterans and spouses of deceased veterans, as these groups have access to other public housing opportunities in different programs offered by the Hawaii Public Housing Authority.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1096, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1096, H.D. 1, and be referred to your Committee on Public Safety.

Respectfully submitted on behalf of the members of the Committee on Housing,