Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES › Subchapter 1 - GENERAL PROVISIONS › Section HPHA-RS-2 - Definitions

Current through June, 2024
As used in this chapter:
"Applicant" means an individual or family who resides in a
					 homeless emergency shelter or homeless transitional shelter and who submits an
					 application to participate in the program but is not yet a participant in the
					 program.
"Assets" means total cash, securities, real and personal
					 property less any outstanding liabilities secured by the assets. Assets do not
					 include necessary personal property such as clothing, household furniture and
					 automobiles.
"Authority" means the Hawaii public housing
					 authority.
"Criminal activity" means 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 for a criminal conviction.
"Displaced" means a family or elderly individual who is
					 without housing, about to be without housing or was without housing within
					 three years prior to applying for housing assistance and was displaced by some
					 public or governmental action.
"Drug" means a controlled substance as defined in section
					 102 of the Controlled Substances Act (
					 21
					 U.S.C. §802 ) as it existed on December
					 18, 2014.
"Drug-related criminal activity" means the illegal
					 possession, manufacture, sale, distribution, use or possession with intent to
					 manufacture, sell, distribute, or use, of a controlled substance as defined in
					 Section 102 of the Controlled Substances Act (
					 21
					 U.S.C. §802 ).
"Dwelling unit" means a house, apartment or group of
					 rooms, intended for residential occupancy as separate living quarters with each
					 unit having direct access from either the outside of the building or through a
					 common hall with each unit being equipped with complete kitchen and bathroom
					 facilities for the exclusive use of the occupants, and is located in Hawaii.
					 Dwelling units that present a serious health or safety hazard shall not be
					 acceptable for use by participants of the program.
"Elderly" means a family whose head, spouse, or sole
					 member or spouse has attained the age of sixty-two.
"Executive Director" means the executive director of the
					 Hawaii Public Housing Authority.
"Family" means:
(1) One or more persons who live or intend to occupy a
					 dwelling unit and whose income and resources are available to meet the family's
					 need and who may, but need not be, related by blood, marriage, or operation of
					 law, including foster children and hanai children and whose head of household
					 has reached the age of majority, or is otherwise legally emancipated;
(2) A person who is pregnant or in the process of securing
					 legal custody of a minor child or children, and who has reached the age of
					 majority or is otherwise emancipated.
"Foster children" means a person or persons, under
					 eighteen years of age, who may not be related to the foster parent by blood,
					 marriage, or adoption and who is in need of parenting care.
"Foster parent" means any adult person who gives parenting
					 care and maintenance to a foster child pursuant to placement by an authorized
					 agency.
"Gender identity or expression" includes a person's actual
					 or perceived gender, as well as a person's gender identity, gender-related
					 self-image, gender-related appearance, or gender-related expression, regardless
					 of whether that gender identity, gender-related self-image, gender-related
					 appearance, or gender-related expression is different from that traditionally
					 associated with the person's sex at birth.
"Hanai children" means a person or persons, under eighteen
					 years of age, for whom a tenant provides food, nourishment and support for a
					 minimum period of at least a year and who is acknowledged as the tenant's child
					 among friends, relatives, and the community.
"Homeless emergency shelter" means a homeless facility
					 designed to provide temporary shelter and appropriate and available services to
					 homeless families or individuals for up to six weeks. Emergency shelters are
					 characterized by their short-term, walk-in nature, with the option for
					 participants to enter into a case plan upon entry and community living
					 quarters.
"Homeless transitional shelter" means a homeless facility
					 designed to provide temporary shelter and appropriate and available social
					 services to homeless families or individuals for up to twenty-four
					 months.
"Household" includes "family", "elderly", and
					 "displaced".
"Household income" means all income from any source before
					 deductions or exemptions, anticipated to be received during the twelve month
					 period following admission or redetermination of household income, as the case
					 may be, by all persons occupying, or who are to occupy the dwelling, and by a
					 household head temporarily separated from the household. Household income does
					 not include the employment income of a minor or amounts specifically paid to
					 the household for or in reimbursement of the cost of medical expenses for any
					 household member.
"Housing owner" means the same as, defined in section
					 356D-152,
					 HRS, and may include an agent of an owner.
"HRS" means the Hawaii revised statutes. "HUD" means the
					 United States Department of Housing and Urban Development.
"Minor" means a person less than eighteen years of age. An
					 unborn child may not be counted as a minor.
" Participant" means the same as tenant.
"Program" means the Special Rent Supplement Program
					 administered by the authority.
"Provider agency" means the organization meeting the
					 qualifying standards under HPHA-RS-8 that is selected and contracted by the
					 authority to administer this program, in whole or part, and provide rent
					 supplement payments on behalf of participants under this program.
"Rent" means the monthly charge to a tenant for the use of
					 a dwelling unit.
"Security deposit" means a monetary deposit required by a
					 landlord prior to occupancy of the dwelling unit.
"Staff" means the employees or agents of the
					 authority.
"Shared housing" means a dwelling unit with two or more
					 bedrooms that is occupied by more than one person or household which share the
					 housing cost for the dwelling.
"Standard unit" means the same as "dwelling unit".
"Tenant" means a qualified person or family that is
					 participating in the program.
"Unassisted household" means a person or family who is not
					 participating in the program.
" U.S.C." means the United States Code.
"Very low income" means 50 per cent of the median
					 household income for the area as determined by the U.S. Department of Housing
					 and Urban Development.
"Violent criminal activity" means any criminal activity
					 that includes 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.