Haw. Rev. Stat. § 356D § 356D-153
Qualified tenant defined; preference.
Operative Text
(a) As used in this part, "qualified tenant" means any single person or family, pursuant to criteria and procedures established by the authority, who has been determined to have an income not exceeding the income limit as determined by the authority pursuant to rules adopted by the authority; provided that the income limit shall not exceed ninety‑five per cent of the annual median income as determined by the United States Department of Housing and Urban Development; provided further that the qualified tenant's primary place of residence shall be in the State or the qualified tenant intends to make the State the qualified tenant's primary place of residence. The terms "qualified tenant" and "tenant" shall include a person or family who satisfies the foregoing requirements and is a member of a cooperative who, upon resale of the member's membership to the cooperative, will not be reimbursed for more than fifty per cent of any equity increment accumulated through payments under this part. With respect to members of a cooperative, as used in this part, the terms "rental" and "rental charges" mean the charges under the occupancy agreements between the members and the cooperative. (b) The authority shall give preference to qualified tenants with incomes at or below eighty per cent of the annual median income as determined by the United States Department of Housing and Urban Development. [L 2006, c 180, pt of §2; am L 2007, c 223, §2]
Hawaii Revised Statutes § 356D-153 establishes who qualifies as a "qualified tenant" for purposes of the state's public housing authority programs. Eligibility is limited to individuals or families whose income does not exceed a threshold set by the authority—capped at 95% of the area median income as determined by HUD—and who either currently live in Hawaii or intend to make it their primary residence. The provision also directs the authority to give priority consideration to those whose incomes fall at or below 80% of the area median income, and it extends the definition to include certain cooperative members who receive limited equity upon resale of their membership.
Plain English — not legal advice.
Under § 356D-153, operators and managers working within Hawaii Housing Finance and Development Corporation programs must apply the authority's established criteria when screening applicants for qualified tenant status, ensuring that income verification does not exceed the 95% area median income cap set by HUD guidelines. Compliant operators generally maintain documentation of each applicant's income determination and residency intent, and they apply the preference framework that prioritizes households at or below 80% of area median income when filling available units. For cooperative housing arrangements covered by this part, operators also ensure that occupancy agreements and resale terms align with the equity-increment limitations described in § 356D-153.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 356D-153 defines the income and residency conditions that determine whether a person or family is eligible for housing programs administered under this part of Hawaii law, including a preference tier for those earning at or below 80% of the HUD-determined area median income. Tenants and applicants who believe they meet these criteria but have been denied eligibility or preference may inquire with the Hawaii Housing Finance and Development Corporation about the specific rules and procedures the authority has adopted. Those who feel their eligibility was incorrectly assessed may consider reaching out to a local tenant-rights organization or legal aid office for general information about how the authority's criteria are applied.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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