Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 193 - STATE-AIDED FAMILY PUBLIC HOUSING PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 15-193-2 - Definitions

Current through June, 2024
As used in these rules, except otherwise required by
					 context:
"Accessible dwelling unit" means an apartment which is
					 located on an accessible route and when designed, constructed, altered, or
					 adapted can be approached, entered, and used by individuals with physical
					 disabilities or an apartment which meets the requirements of applicable
					 standards that address the particular disability or impairment of an
					 individual.
"Adjusted annual income" means net earned income plus
					 unearned income.
"Alien" means any person not a citizen of the United States
					 but is allowed under federal law, to reside in the United States.
"Annual income" means earned and unearned income from any
					 source before deductions or exemptions, anticipated to be received during the
					 twelve month period following admission or redetermination of annual income, as
					 the case may be, by all persons occupying, or who are temporarily separated
					 from the household. Annual 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.
"Applicant" means a person or a family that has applied for
					 housing assistance.
"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,
					 automobiles and eligible individual development accounts, including any earned
					 interest, which are established pursuant to chapter
					 257, Hawaii Revised Statutes.
"Bottom of the waiting list" means denying an applicant the
					 benefit of all placement tenant selection preferences and priorities, as
					 prescribed in this chapter, for a period of twelve months and establishing a
					 new date and time for placement on the waiting list based on the date and time
					 the unit offer was rejected.
"Corporation" means the housing and community development
					 corporation of Hawaii.
"Disability" means having a physical or mental impairment
					 which substantially limits one or more major life activities, having a record
					 of such an impairment, or being regarded as having such an impairment. The term
					 does not include current illegal use or addiction to a controlled substance or
					 alcohol or drug abuse that threatens the property or safety of others. Disabled
					 individual or family includes:
(1) A single individual who or a family whose head or
					 spouse is unable to engage in any substantial gainful activity by reason of any
					 medically determinable physical or mental impairment which can be expected to
					 result in indefinite duration; or
(2) A single individual who or a family whose head or
					 spouse has a physical impairment which is expected to be of long, continued and
					 indefinite duration and which substantially impedes the ability to live
					 independently, and which is of a nature that the ability could be improved by
					 more suitable housing conditions. "Displaced" means a family who is lawfully
					 residing on real property and is required to move from the real property as a
					 result of the acquisition or imminence of acquisition of such real property, in
					 whole or in part, by some public or governmental action. "Displaced" also
					 includes the foregoing movements from real property by any family or person
					 lawfully residing on real property who is required to move from the real
					 property as a result of code enforcement activities.
"Dwelling unit" means a residential unit in a housing
					 project.
"Earned income" means cash received or available to be
					 received by the family that require some part of the family to produce. Earned
					 income includes, but is not limited to, wages; tips; dismissal and severance
					 pay; wages received from any on-the-job training program; wages received from
					 funds under the job training partnership act (JTPA); public service employment
					 (PSE); royalties; jury duty income excluding reimbursement for transportation
					 and meals; basic allowance for quarters and entitlements paid to military
					 personnel; and self-employment earned income.
"Elderly" means a family whose head or spouse has attained
					 the age of sixty-two"
"Family" means:
(1) Two or more persons who live or intend to live together
					 as a unit and whose income and resources are available to meet the family's
					 need and 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; or
(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; or
(3) A remaining member of a tenant family who is recorded
					 on the current list of household members authorized to occupy the dwelling unit
					 and who has reached the age of majority or is otherwise legally
					 emancipated.
"Foster children" means a person or persons, under
					 eighteen years of age who is not 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.
"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.
"Housing projects" means those rental projects owned and
					 operated or both, by the corporation.
"HRS" means the Hawaii Revised Statutes.
"HUD" means the United States Department of Housing and
					 Urban Development.
"Individual development account" means an optional,
					 interest-bearing, subsidized, tax-benefited account established pursuant to
					 chapter
					 257, HRS and used exclusively for the
					 purpose of paying the qualified expenditure of an eligible individual as
					 determined by the fiduciary organization.
"Low income family " means a family whose income does not
					 exceed eighty per cent of the median income as determined by the method set
					 forth in exhibit A, which is incorporated by reference and attached.
"Refusal of an offer" means an applicant declines an offer
					 made by the corporation for a specific unit from any waiting list or an
					 applicant's failure to respond to a written offer from the corporation for a
					 specific unit within the time specified in the offer.
"Rent" means the monthly charge to a tenant for the use of
					 a dwelling unit.
"Rental agreement" means the agreement containing the
					 conditions of occupancy entered into by the tenant and corporation.
"Resident" means a United States citizen or a permanent
					 United States resident who is able to demonstrate his or her intent to reside
					 in Hawaii. Intent to reside in Hawaii may be demonstrated by the following:
					 length of time spent in Hawaii; leasing or renting of a home in Hawaii; filing
					 of personal Hawaii income tax returns; registering to vote in Hawaii; Hawaii
					 driver's license; record of Hawaii motor vehicle registration; notification of
					 hire to work in Hawaii; records of employment in Hawaii; military records
					 substantiating Hawaii residency; enrollment of minor children in Hawaii
					 schools; establishment of bank accounts and other accounts in Hawaii; written
					 reference from Hawaii residents, relatives, or social agencies; and any other
					 indicia which could substantiate a claim of an intent to reside.
"Security deposit" means a deposit required of each tenant
					 prior to admission for the cost of loss or damage of the corporation's property
					 (responsible wear and tear excepted) and non-payment of rent.
"Self-employment income" is determined by deducting from
					 the amount received from the sale of goods or services, those expenses directly
					 related to producing the goods or services.
(1) Items such as depreciation, personal business, and
					 entertainment expenses, personal transportation, purchase of capital equipment,
					 and payments on the principal of loans for capital assets or durable goods
					 shall not be deducted as business expenses. Personal expenses such as lunches
					 and transportation to and from work shall not be deducted as business
					 expenses.
(2) A business expense shall be an allowable deduction from
					 earned income only if verified.
(3) A self-employed person shall:
(a) Not be able to be discharged from the person's job by
					 someone else;
(b) Report income to the Internal Revenue Service and the
					 State of Hawaii as a self-employed person;
(c) Meet social security requirements as a self-employed
					 person and shall pay the employer's and the employee's share of social security
					 taxes;
(4) Not be considered to be an employee of an agency or
					 organization; and
(5) Be licensed by the State to operate a business.
"Staff" means the employees or agents of the
					 corporation.
"State-aided family public housing projects" means the
					 housing projects of Hauiki, Puahala, Lokahi, Palolo I and II, Kawailehua
					 (State), Ka Hale Mua (State), and Ke Kurnu Elua which are owned by the
					 corporation.
"Tenant" means the person or persons who enter into a
					 rental agreement with the corporation for a dwelling unit.
"Unearned income" means cash received or available to be
					 received by the family that is not classified as earned income. Unearned income
					 includes, but is not limited to, social security benefits; veteran's benefits;
					 pension and retirement benefits; unemployment insurance benefits; supplemental
					 security income; worker's compensation, benefits and temporary
					 disability-insurance benefits; strike benefits; money received to settle any
					 insurance, legal or inheritance claim; alimony; child support payments; regular
					 cash contribution and any in-kind contribution benefits.
"U.S.C." means the United States Code.
"Very low-income family" means a family whose income does
					 not exceed fifty per cent of the median income as determined by the method set
					 forth in exhibit A, which is incorporated by reference and attached.
"Veteran" means any person who has served in any of the
					 armed services of the United States, or any person who is now a citizen of the
					 United States who has served in any of the armed services of any country which
					 was an ally of the United States in any war or campaign in which the United
					 States was also engaged in. "Veteran" includes any person who served in the
					 military or naval forces of the United States during World War II and who has
					 been discharged or released there from under conditions other than
					 dishonorable. The term "veteran" includes Filipino World War II veterans who
					 served honorably in an active duty status under the command of the United
					 States Armed Forces in the Far East (USAFFE), or within the Philippine Army,
					 the Philippine Scouts, or recognized guerilla units. The Filipino World War II
					 veterans must have: served at any time between September 1, 1939, and December
					 31, 1946; been born in- the Philippines; and resided in the Philippines prior
					 to the military service.