The authority finds that:
(a) The Governor of the State of Hawaii has determined and proclaimed that COVID-19 is an emergency in the State of Hawaii as contemplated by section 127A-2 and 127A-14, Hiwaii Revised Statutes ("HRS"), and that this emergency continues, as evidenced by his Proclamation dated March 4, 2020), and Supplementary Proclamations dated March 16, 2020, March 21, 2020, March 23, 2020, March 31, 2020, April 6, 2020, April 25, 2020, May 5, 2020, May 18, 2020, June 10, 2020, and July 17, 2020 ("Emergency Proclamations");(b) Section 127A-2, HRS, defines "emergency" as "any occurrence, or imminent threat thereof, which re suits or may likely results in substantial injury or harm to the population or substantial damage to or loss of property"; (c) There is an occurrence of a severe and extraordinary event that constitutes a public health emergency which continues to evolve and spread around the globe and is now spreading by record daily amounts to a total of 1,989 positive cases in the community as of July 30, 2020, which has caused 26 deaths, damages, losses and suffering of such character and magnitude to affect the health, welfare, and living conditions of a substantial number of persons, and is anticipated to affect the economy of the State of Hawaii as the Governor declared through his Emergency Proclamations;(d) The authority agrees with the Governor that the ongoing COVID-9 pandemic is of such magnitude to warrant protective act on by the authority to prevent the spread of COVID-19 as COVID-19 continues to endanger the health, safety, and welfare of the people;(e) On July 31, 2020, the authority staff reported:(1) A sudden and significant increase of COVID-19 cases among the residents at the following properties : (A) Kuhio Park Terrace Low Rise - 1 active case(B) The Towers at Kuhio Park (KPT Towers) -16 new active cases (this property is privately owned and managed, however, it is a contiguous property with Kuhio Park Terrace Low Rise and Kuhio homes)(C) Kalihi Valley Homes - 5 positive cases; 2 are recovered (not active); 3 are active; 2 new cases pending confirmation(D) Puahala Homes - 1 recovered case(E) Hauiki - 1 active case (hospitalized)(F) Mayor Wright Homes - 2 active cases(G) Kaahumanu Homes - 1 active case(H) Punchbowl Homes - 1 positive case that has recovered (not active) (I) Hookipa Kahaluu - 1 positive case(J) Palolo Homes - 1 positive case that has recovered (not active) (this property is privately owned and managed, however, it is near Palolo Valley Homes Federal Public Housing)(K) Palolo Valley Homes - 1 new case pending confirmation(L) Puuwai Momi - 5 positive cases, under isolation/quarantine in Waikiki (all from one household); 4 people from that same household awaiting test results;(2) Numerous residents at the public housing properties are not physical distancing or wearing facial coverings (e.g. i asks), are congregating in groups, and have allowed friends and family to perform their travel quarantine in their public housing unit.(f) These emergency rules protect the health, safety, and welfare of the public, all participants in the authority's programs, and authority staff by setting forth physical distancing requirements to control the spread of COVID-19, mandating the wearing of facial coverings and practicing six feet minimum physical distancing at all times in all common areas of public housing properties, restricting visitors at all public housing properties, restricting gatherings at all public housing properties, mandating the wearing of facial coverings and vacating the unit or isolating in an area at least six feet away when authority staff are conducting repairs or other official business in a tenant's unit, and establishing penalties for non-compliance with the emergency rules, waiving minimum rent for qualified families participating in the authority's state-aided elderly, state-aided family, and federally-assisted public housing programs, and providing the authority shall not terminate a public housing rental agreement for nonpayment of rent and other charges related to rent, or impose fees and charges related to nonpayment of rent pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Pub. L. No. 116-136 (March 27, 2020);(g) These emergency rules also enable the authority to delay or suspend program requirements as allowed under HUD Notice PIH 2020-05 regarding COVID-19 Statutory a id Regulatory Waivers for the Public Housing, Housing Choice Voucher, Indian Housing Block Grant and Indian Community Development Block Grant Programs, Suspension of Public Housing Assessment System and Section Eight Management Assessment Program dated April 10, 2020, issued by HUD to public housing agencies ("PIH Notice 2020-05"). In PIH Notice 2020-05, HUD waived and established alternative requirements for numerous statutory a id regulatory requirements for the Housing Choice Voucher program, pursuant to the authority provided to HUD under the Coronavirus Aid, Relief and Economic Security (CARES) Act, Public Law 116 '136 (March 27, 2020);(h) Based on the above, there is an imminent peril to the public's health, safety and morals, caused by the COVID-19 in the State of Hawaii requiring immediate adoption of these emergency rule upon less than thirty days' notice of hearing; and (i) These findings are based on the authority's Board of Directors' personal knowledge and professional experiences.