RR
Rent Regulations

Haw. Rev. Stat. § 356D § 356D-31

Rentals and tenant selection.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiPublic Housing

Operative Text

Haw. Rev. Stat. § 356D § 356D-31
(a) In the operation or management of federal public housing projects, the authority, acting directly or by an agent or agents, at all times shall observe the following duties with respect to rentals and tenant selection:
(1) The authority may establish maximum limits of annual net income for tenant selection in any public housing project, less any exemptions as may be authorized by federal regulations pertaining to public housing. The authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority;
(2) The authority may rent or lease the dwelling units therein only at rentals within the financial reach of persons who lack the amount of income that the authority determines to be necessary to obtain safe, sanitary, and uncongested dwelling accommodations within the area of operation of the authority and to provide an adequate standard of living; and
(3) The authority may rent or lease to a tenant a dwelling consisting of the number of rooms, but no greater number, than the authority deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
(b) Nothing in this part shall be construed as limiting the power of the authority to:
(1) Vest in an obligee the right, in the event of a default by the authority, to take possession of a public housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by this part with respect to rentals, tenant selection, manner of operation, or otherwise; or
(2) Vest in obligees the right, in the event of a default by the authority, to acquire title to a public housing project or the property mortgaged by the authority, free from all the restrictions imposed by this part. [L 2006, c 180, pt of §2; am L 2013, c 148, §2; am L 2023, c 99, §1]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 356D-31 governs how the Hawaii Public Housing Authority manages rentals and selects tenants in federal public housing projects. The authority is permitted to set income limits for eligibility, restrict rents to amounts within the financial reach of lower-income individuals, and limit unit size to what is necessary for safe and sanitary occupancy without overcrowding. The provision also clarifies that, in the event of a default by the authority, certain creditors or obligees may be granted rights to take possession of or acquire title to a public housing project free from the restrictions otherwise imposed by this part.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

As the operating authority under § 356D-31, the Hawaii Public Housing Authority and its agents are expected to establish and apply income eligibility limits consistent with federal public housing regulations, set rents at levels accessible to those who cannot otherwise afford safe and sanitary housing in the area, and assign unit sizes appropriate to the number of occupants without overcrowding. Compliant operators also ensure that any agreements with the federal government regarding tenant eligibility or preference are honored as required by federal law. Contracts with obligees may include provisions allowing those parties to step in and manage or acquire a project if the authority defaults, and such arrangements are expressly permitted under § 356D-31(b).

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 356D-31, tenants in Hawaii federal public housing have a right to be considered for housing based on income limits and eligibility criteria set in accordance with federal regulations, and to be offered a unit sized appropriately for their household without overcrowding. Rents in these projects are required to be within the financial reach of people who cannot afford safe and sanitary housing on the open market. Tenants who believe the authority has not followed these standards may consider contacting the Hawaii Public Housing Authority directly, reaching out to a local tenant-rights organization, or consulting with a legal aid provider familiar with public housing regulations under § 356D-31.

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.

Effective Timeline

Current
Oct 23, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 356D-51
Haw. Rev. Stat. § 356D-153
Haw. Rev. Stat. § 356D-92
Haw. Rev. Stat. § 356D-53
Haw. Rev. Stat. § 356D-52
Haw. Rev. Stat. § 356D-52
Haw. Rev. Stat. § 356D-53
Haw. Rev. Stat. § 356D-57
Haw. Rev. Stat. § 356D-71
Haw. Rev. Stat. § 356D-6.5
Haw. Rev. Stat. § 356D-62
Haw. Rev. Stat. § 356D-1
Haw. Rev. Stat. § 356D-51
Haw. Rev. Stat. § 356D-6.5
Haw. Rev. Stat. § 356D-92

Related Rules

§ 960.101
§ 960.101 Applicability.
§ 960.102
§ 960.102 Definitions.
§ 960.103
§ 960.103 Equal opportunity requirements and protection for victims of domestic violence, dating violence, sexual assault, or stalking.

Source Information

Source:https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0356D/HRS_0356D-0031.htm
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