Title 15 – Chapter 310 – Pineapple Workers and Retirees Housing Assistance Program

DEPARTMENT OF 	BUSINESS, 	ECONOMIC DEVELOPMENT
AND 	TOURISM
Adoption 	of 	Chapter 	15-310
Hawaii 	Administrative 	Rules
December 	27, 	2007
Chapter 	310 	of 	Title 	15, 	Hawaii 	Administrative
Rules, 	entitled 	"Pineapple Workers 	and 	Retirees
Housing Assistance 	Fund 	Program" 	is 	adopted.

HAWAII 	ADMINISTRATIVE RULES
TITLE 	15
DEPARTMENT 	OF 	BUSINESS, 	ECONOMIC DEVELOPMENT
AND 	TOURISM
SUBTITLE 	5
HAWAII 	HOUSING 	FINANCE AND 	DEVELOPMENT 	CORPORATION
CHAPTER 	310
PINEAPPLE 	WORKERS AND 	RETIREES 	HOUSING
ASSISTANCE 	FUND 	PROGRAM
§15-310-1
§15-310-2
§15-310-3
§15-310-4
§15-310-5
§15-310-6
§15-310-7
§15-310-8
§15-310-9
Purpose
Definitions
Provider 	agency
Program 	applications
Participant 	eligibility
Eligible 	costs
Ineligible 	uses 	of 	program 	assistance
Limits 	on program assistance
Verification of 	information
§15-310-1 	Purpose. 	The 	purpose 	of 	the 	program
is 	to 	assist 	former 	Del Monte 	Fresh 	Produce 	pineapple
workers 	and 	retirees 	in danger 	of 	losing 	their 	homes
by establishing 	a 	pineapple 	workers 	and 	retirees
housing 	assistance 	fund 	program 	to 	help 	eligible
homeowners 	keep 	up 	with 	their mortgage 	payments 	and
provide 	rental 	subsidies. 	[Eff J:"[B {\ 'f"'J 	] 	(Auth:
Act 	203, 	SLH 	2007) 	(Imp: 	Act 	2d3, 	stl'I 7~8~7)
§15-310-2 	Definitions. 	As 	used 	in 	this 	chapter:
"Corporation" 	means 	the 	Hawaii 	housing 	finance
and 	development 	corporation.
310-1

§15-310-2
"Eligible 	applicant" 	means 	persons, 	subject 	to
limitation 	stated 	in 	section 15-310-S(d), 	who:
(1) 	Were 	employed by 	Del 	Monte 	Fresh 	Produce 	on
the 	date 	of 	the 	announcement 	of 	closure 	of
Del 	Monte 	Fresh 	Produce 	on 	February 	1, 	2006
or 	has 	retired 	from 	Del 	Monte 	Fresh 	Produce;
and
(2) 	Whose 	eligible 	mortgage 	payment 	or 	rent
payment 	exceeds 	30 	per 	cent 	of 	their 	gross
household 	income, 	or 	who 	can demonstrate
that 	they 	are 	presently delinquent 	on
eligible 	mortgage 	or 	rent 	payments.
"Eligible mortgage 	payments" 	means 	payments 	on
first 	home 	mortgages 	approved 	prior 	to· the
announcement 	of 	closure 	of 	Del 	Monte 	Fresh 	Produce 	on
February 	1, 	2006.
"Executive 	director" 	means 	the 	executive 	director
of 	the 	Hawaii 	housing 	finance 	and development
corporation.
"Program" 	means 	the 	pineapple 	workers 	and
retirees 	housing 	assistance 	fund 	program 	as
established by Act 	203, 	Session Laws 	of 	Hawaii 	2007.
11 SLH 11 means 	Session Laws 	of 	Hawaii.
[Eff 	FEBO 7 2008 	(Auth: 	Act 	203, 	SLH 	2007) 	(Imp:
Act 	203, 	SLH 	2007)
§15-310-3 	Provider 	agency. 	The 	corporation may
secure 	the 	services 	of 	a 	nonprofit 	organization 	or
entity 	to 	assist 	in 	carrying 	out 	the 	purposes 	of 	this
chapter. 	The 	provider 	agency may 	receive 	payment 	for
reasonable 	administrative 	expenses 	from 	program 	funds.
[Eff 	FEB 072008 	J 	(Auth: 	Act 	203, 	SLH 	2007) 	(Imp:
Act 	203, 	SLH 	2007)
§15-310-4 	Program 	applications. 	(a) 	The
corporation or provider 	agency 	shall 	accept 	and 	review
applications 	for 	the 	program.
310-2

§15-310-6
(b) 	An 	eligible 	applicant 	to 	the 	program 	shall
submit 	a 	completed application 	form, 	which 	includes
information 	related 	to 	the 	request 	for 	program
assistance. 	This 	information 	shall 	include, 	but 	not
be 	limited 	to, 	the 	applicant's 	name 	and date 	of 	birth,
the 	name 	and 	date 	of 	birth of 	spou·se 	and/ or 	any 	other
adult 	in 	the 	household, 	family 	composition, 	current
household 	income, 	present 	housing 	status, 	employment
information 	and 	status, 	amount 	and 	type 	of 	grant 	being
requested, 	date 	of 	appli~ation, 	and date 	of 	completed
application.
(c) 	The 	application may 	be 	on a 	form,prepared 	by
the 	corporation 	or provider agency and 	approved by 	the
corporation.
(d} 	The 	corporation 	or provider 	agency 	shall
make 	awards 	of 	program 0
9J3sistance 	to 	eligible
applicants. 	[Eff 	r EB 	·, 2008. 	] 	(Auth: 	Act 	2 03, 	SLH
2007) 	(Imp: 	Act 	203, 	SLH 	2007)
§15-310-5 	Participant 	eligibility. 	In order 	to
be 	determined eligible 	to 	participate 	in 	the 	program,
an 	applicant 	shall 	submit 	a 	completed application,
including, 	but 	not 	limited to, 	verification
documentation pursuant 	to 	section 	15-310-9.
[Eff FEBO 7 2008 	] 	(Auth: 	Act 	203, 	SLH 	2007) 	(Imp:·
Act 	203, 	SLH 	2007)
§15-310-6 	Eligible 	costs. 	(a) 	Program
assistance 	funds 	may be 	used 	to 	help 	an 	eligible
applicant 	with 	the 	following 	costs:
(1) 	Eligible 	first 	mortgage 	payments; 	or
(2) 	Eligible 	rent 	subsidies.
(b} 	Program assistance 	shall 	be 	paid 	on 	a
monthly basis.
(c) 	Adequate 	verification 	of 	expenses 	shall 	be
documented 	by 	the 	corporation 	or provider 	agency.
(d) 	The 	corporation may 	use 	program 	funds 	for
reasonable 	administrative 	expenses 	relating 	to 	the
program. 	[Eff FEB O7 2008 	] 	(Auth: 	Act 	203, 	SLH
2007) 	(Imp: 	Act 	203, 	SLH 	2007)
310-3 2 7 96

§15-310-7
§15-310-7 	Ineligible 	uses 	of 	program 	assistance.
Ineligible 	uses 	of 	program 	assistance 	funds 	shall
include, 	but 	not 	be 	limited 	to, 	an 	eligible
applicant's 	portion 	of 	financial 	responsibility 	for
government 	subsidized 	housing. 	[Eff 	FEB O7 20GB 	J
(Auth: 	Act 	203, 	SLH 	2007) 	(Imp: 	Act 	203, 	SLH 	2007)
§15-310-8 	Limits 	on program assistance. 	(a)
Assistance 	shall 	be 	made 	only 	to 	the 	extent 	that 	funds
are 	available.
(b) 	Program 	assistance 	shall 	not 	exceed 	a
maximum of 	$1,000 	per 	month 	for 	a 	period 	not 	to 	exceed
six months, 	or 	a 	total 	maximum 	of 	$6,000 	per 	eligible
applicant.
(c) 	The 	corporation 	or provider 	agency 	shall
base 	the 	actual 	amount 	of 	the 	monthly 	assistance 	on 	70
per 	cent 	of 	the 	eligible 	applicant's 	eligible 	mortgage
payment 	or 	eligible 	rent 	subsidy, 	up 	to 	the 	maximum
assistance 	amount.
(d) 	Only one 	program 	assistance 	grant .shall 	be
made 	per 	currently-existing 	household, 	as 	limited 	by
subsection 	(b), 	above.
(e) 	The 	corporation or 	provider 	agency 	may
impose 	reasonable 	requirements 	on 	the 	participant 	in
order 	to 	receive 	program assistance.
(f) 	The 	corporation or provider 	agency 	shall
monitor 	the 	levels 	of 	assistance 	provided 	to 	each
program participant. 	The 	corporation or 	provider
agency 	shall 	take 	appropriate 	action 	to 	ensure 	that
participants 	do 	not 	receive 	assistance 	over 	the 	limits
established 	in 	subsections 	(b}, 	(c) 	and 	(d).
[Eff 	FEB O7 2008 	] 	(Auth: 	Act 	203, 	SLH 	20 07) 	(Imp:
Act 	203, 	SLH 	2007)
310-4

§15-310-9
§15-310-9 	Verification of 	information. 	(a) 	The
corporation 	or 	provider 	agency 	shall 	obtain
documentation 	to 	verify applicant 	information 	relating
to 	participation 	in 	the 	program. 	This 	documentation
shall 	include 	but 	not 	be 	limited 	to:
(1) 	Eligible 	employment 	or 	retirement 	status
with _Del 	Monte 	Fresh Produce;
(2) 	Recent 	pay 	stubs, 	or 	other verification of
current 	income;
(3) 	An 	affidavit 	attesting 	to 	program
eligibility; 	and
(4) 	A 	copy 	of 	the 	lease 	agreement 	for 	which 	the
assistance 	will 	go 	towards 	and 	the
landlord's 	taxpayer 	identification number;
or
(5) 	A copy of 	a 	recent 	mortgage 	statement 	for
which 	the 	assistance 	will 	go 	towards.
(b) 	An 	applicant 	to 	the 	program 	who 	fails 	to
comply 	with 	the 	requirement 	to 	provide 	verifying
documentation 	shall 	be 	ineligible 	to 	participate 	in
the 	grant 	program. 	The 	corporation or 	provider agency
may 	set 	time 	limits 	as 	to 	how 	long 	an 	applicant 	has 	to
submit 	information.
(c) 	The 	corporation or 	provider 	agency 	shall
maintain verification documentation 	of 	eligibility of
a 	participant 	and 	eligibility of 	the 	use 	of 	program
assistance. 	[Eff FEB O7J □ nR 	] 	(Auth: 	. Act 	203' 	SLH
2007) 	(Imp: 	Act 	203, 	SL 	~tjo7)
310-5 '2,7 	96

DEPARTMENT OF BUSINESS, 	ECONOMIC DEVELOPMENT
AND TOURISM
The 	adoption of 	chapter 15-310, 	Hawaii
Administrative 	Rules, 	on 	the 	Summary 	Page 	dated
December 	27, 	2007, 	was 	adopted on December 	27, 	2007,
following 	a 	public 	hearing 	that 	was 	held on Decemer
26, 	2007, 	after 	public 	notice was 	given 	in 	the
Honolulu Advertiser, 	the 	Maui 	News, 	The Garden 	Island,
the 	Hawaii 	Tribune-Herald, 	and 	the 	West Maui 	Today
newspapers 	on November 	25, 	2007.
The 	adoption 	shall 	take 	effect 	ten days 	after
filing 	with 	the 	Office 	of 	the 	Lieutenant 	Governor.
ED AS 	TO 	FORM:
~·.cHARLESci: 	~airperson
Hawaii 	Housing 	Finance 	and
Development 	Corporation
APPROVED:
LI~Z&Governor
State of 	Hawaii
Dated: 	[JAN 21 	2®ll
JAN 2 8 2008 	-
Filed
2 7 96