Haw. Rev. Stat. § 356D § 356D-42
Housing; tenant selection
Operative Text
. (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 veteran's 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) 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. (b) The authority shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2006, c 180, pt of §2; am L 2013, c 148, §3 and c 223, §1; am L 2023, c 99, §2]
Hawaii Revised Statutes § 356D-42 governs how the Hawaii Public Housing Authority selects tenants for state low-income housing projects. Selection is based primarily on greatest need, but the law carves out specific preferences for veterans with a permanent disability of ten percent or more (as certified by the U.S. Department of Veterans Affairs), with first preference going to a deceased veteran's spouse. The provision also bars anyone who owns or acquires a home within Hawaii from being selected as a tenant or continuing a tenancy in state low-income housing.
Plain English — not legal advice.
As a housing authority operator subject to § 356D-42, compliant administration involves maintaining a tenant-selection process that ranks applicants by demonstrated need while applying the statutory preference hierarchy—prioritizing deceased veterans' spouses, then qualifying disabled veterans and their dependent parents. Operators also verify that no applicant or household member owns a home in Hawaii at the time of selection, and they monitor existing tenancies for home acquisition that would trigger termination eligibility. Rulemaking under Hawaii Revised Statutes chapter 91 governs the procedural framework that compliant authorities follow when implementing these selection criteria.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 356D-42, applicants for Hawaii state low-income housing have a right to be evaluated primarily on need, and qualifying veterans with a disability rating of ten percent or more—along with certain family members—are entitled to a statutory preference in that process. If you believe a preference was improperly applied or denied, you may raise that concern directly with the Hawaii Public Housing Authority or consult a tenant-rights organization familiar with public housing admissions. Existing tenants should also be aware that acquiring a home anywhere in Hawaii can be grounds for tenancy termination under this provision, and understanding that rule may inform decisions about housing assistance.
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
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