Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2038 - STATE EVICTION - PRACTICE AND PROCEDURE › Subchapter 1 - GENERAL PROVISIONS › Section 17-2038-2 - Definitions

Current through June, 2024
Whenever used in this chapter, unless specifically
					 defined:
"Agreement" means any lease, rental agreement, permit, or
					 license covering the use and occupation of any unit or other premises owned or
					 controlled by the authority.
"Alcohol abuse" means a tenant or any member of the
					 tenant's household has engaged in abuse or pattern of abuse of alcohol that
					 threatens the health, safety, or right to peaceful enjoyment of the premises by
					 other residents, or furnished false or misleading information concerning
					 illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or
					 alcohol abusers.
"Authority" means the Hawaii public housing
					 authority.
"Board" or "eviction board" means the board appointed by
					 the authority to conduct eviction hearings and terminate rental agreements in
					 accordance with this chapter.
"Criminal activity" means the tenant, any member of the
					 tenant's household, a guest or another person under the tenant's control has
					 engaged in any conduct constituting a criminal violation of federal law, HRS,
					 or local ordinances regardless of whether there has been an arrest or
					 conviction for such activity and without satisfying the standard of proof used
					 for a criminal conviction.
"Document" means written decisions, orders, and notices
					 issued for the purposes of this chapter.
"Drug" means a controlled substance as defined in section
					 102 of the Controlled Substances Act (
					 21
					 U.S.C. §
											802 ) .
"Drug related criminal activity" means the illegal
					 manufacture, sale, distribution, or use of a drug, or possession of a drug with
					 intent to manufacture, sell, distribute or use the drug.
"Dwelling unit" means a residential unit in a housing
					 project.
"HRS" means the Hawaii Revised Statutes.
"Hearing" means a quasi-judicial proceeding in which the
					 authority prepares to terminate an agreement.
"Hearings clerk" means the person responsible for
					 receiving, recording, and preserving the records of the eviction board.
"Hearings officer" means the person representing the
					 authority in a hearing.
"Party" means a person or agency as defined in section
					 356D-61, HRS.
"Presiding officer" means the member of the eviction board
					 duly elected by a majority of the board members to serve as its
					 chairman.
"Project manager" means the authority's representative
					 assigned to manage projects in a management area or any other employee of the
					 authority specifically designated by position description.
"Rental agreement" means the agreement or contract
					 containing the terms and conditions of occupancy of a dwelling unit entered
					 into by the tenant and authority.
"Tenant" means the person or persons who enter into a
					 rental agreement with the authority to reside in a dwelling unit and who are
					 subject to eviction proceedings under this chapter.
"U.S.C." means the United States Code
"Violent criminal activity" means any criminal activity
					 that has as one of its elements the use, attempted use, or threatened use of
					 physical force substantial enough to cause, or be reasonably likely to cause,
					 serious bodily injury or property damage.