Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2036 - SECTION 8 HOMEOWNERSHIP OPTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 17-2036-2 - Definitions

Current through June, 2024
As used in this chapter:
"Applicant" means an individual or family that submits an
					 application for admission to the Program but is not yet a participant in the
					 Program.
"Authority" means the Hawaii public housing authority
"CFR" means the United States Code of Federal Regulations
"Cooperative" or "housing cooperative" means housing owned
					 by a corporation or association, and where a member of the corporation or
					 association has the right to reside in a particular unit, and to participate in
					 management of the housing.
"Cooperative member" means a family of which one or more
					 members owns membership shares in a cooperative,
"Disabled family" means a family whose head, spouse, or
					 sole member is a person with a disability; or two or more persons with
					 disabilities living together; or one or more persons with disabilities living
					 with one or more live-in aides.
"Economic self-sufficiency program" means any program
					 designed to encourage, assist, train, or facilitate the economic independence
					 of HUD-assisted families or to provide work for such families.
"Elderly" or "elderly family" means a family whose head,
					 spouse, or sole member is a person who is at least sixty-two years of age; or
					 two or more persons who are at least sixty-two years of age living together; or
					 one or more persons who are at least sixty-two years of age living with one or
					 more live-in aides.
"Eligible family" means a family that meets the
					 qualifications and requirements of the Program.
"Executive director" means the executive director of the
					 authority or the executive director's designated representative.
"Family" means regardless of actual or perceived sexual
					 orientation, gender identity, or marital status, a person or group of persons,
					 as determined by the authority approved to reside in a unit with assistance
					 under the Program. A family is comprised of:
(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
					 needs and who may be related by blood, marriage, or operation of law and whose
					 head of family has reached the age of majority. Family may include foster
					 children and hanai children;
(2) An elderly family;
(3) A disabled family;
(4) A displaced family;
(5) The remaining member of a tenant family who is recorded
					 as an authorized occupant on the current list of household members and who has
					 reached the age of majority; or
(6) A single person who is not an elderly or displaced
					 person, or a person with disabilities, or the remaining member of a tenant
					 family.
"Family self sufficiency program" or "FSS program" means
					 the program established by the authority in accordance with 24 C.F.R. Part 984
					 to promote self-sufficiency" of assisted families, including the coordination
					 of supportive services.
"First-time homeowner" means a family of which no member
					 owned any present ownership interest in a residence of any family member during
					 the three years before commencement of homeownership assistance for the family.
					 The term "first-time homeowner" includes a single parent or displaced homemaker
					 who, while married, owned a home with his or her spouse, or resided in a home
					 owned by his or her spouse.
"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.
"HRS" means Hawaii Revised Statutes.
"Home" means a dwelling unit for which the authority pays
					 homeownership assistance.
"Homeowner" means a family of which one or more members
					 hold title to the home.
"Homeownership assistance" means monthly homeownership
					 assistance payments by the authority. Homeownership assistance payments may be
					 paid to the family, or to a mortgage lender on behalf of the family.
"Homeownership expenses" means a family's allowable monthly
					 expenses for the home, as determined by the authority.
"Homeownership option" means assistance for a homeowner or
					 cooperative member.
"Housing quality standards" means the HUD minimum quality
					 standards for housing assisted under the tenant-based programs.
"HUD" means the United States Department of Housing and
					 Urban Development.
"Interest in the home" means:
(1) In the case of assistance for a homeowner, "interest in
					 the home" includes title to the home, any lease or other right to occupy the
					 home, or any other present interest in the home.
(2) In the case of assistance for a cooperative member,
					 "interest in the home" includes ownership of membership shares in the
					 cooperative, any lease or other right to occupy the home, or any other present
					 interest in the home. "Independent inspector" means a professional home
					 inspector who is independent of the seller and the authority.
"Lender" or "mortgage lender" means a mortgage lender as
					 defined in part I, chapter
					 356D, HRS.
"Live-in aide" means a person who resides with one or more
					 elderly persons, or near elderly persons, or persons with disabilities, and
					 who:
(1) Is determined to be essential to the care and
					 well-being of the persons;
(2) Is not obligated for the support of the persons;
					 and
(3) Would not be living in the unit except to provide the
					 necessary support services.
"Membership shares" means shares in a cooperative. By
					 owning such cooperative shares, the share-owner has the right to reside in a
					 particular unit in the cooperative, and the right to participate in management
					 of the housing.
"Payment standard" means the maximum monthly assistance
					 payment for a family assisted in the section 8 housing choice voucher program
					 before deducting the total tenant payment by the family.
"PHA section 8 administrative plan" means the
					 administrative plan for implementation of the section 8 housing choice voucher
					 program pursuant to 24 C.F.R. Part 982.
"Participant" means a person or family that is receiving
					 homeownership assistance in the Program.
"Portability" means the right to receive section 8
					 tenant-based assistance outside of the jurisdiction of the initial public
					 housing agency.
"Present ownership interest" means holding title, in whole
					 or in part, to a residence, or ownership, in whole or in part, of membership
					 shares in a cooperative. "Present ownership interest" in a residence does not
					 include the right to purchase title to the residence under a lease-purchase
					 agreement.
"Program" or "homeownership program" means the section 8
					 homeownership option program.
"Section 8 housing choice voucher program" means the
					 tenant-based section 8 rental voucher program.
"Total tenant payment" means the total amount the HUD rent
					 formula requires the tenant to pay toward rent and utilities.