Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Community Development Authority › Chapter 218 - KAKAAKO RESERVED AND WORKFORCE HOUSING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15-218-5 - Definitions

Current through June, 2024
As used in this chapter, the following words and terms
					 shall have the following meanings unless the context shall indicate another or
					 different meaning or intent:
"Area median income" means the area median family income
					 (AMI) determined by the United States, Department of Housing and Urban
					 Development annually for the Honolulu metropolitan statistical area as adjusted
					 for household size.
"Authority" or "HCDA" means the Hawaii community
					 development authority established by section
					 206E-3,
					 Hawaii Revised Statutes.
"Developer" means a private person or an entity who has
					 legal rights to perform or cause to be performed any man-made change over,
					 upon, under, or across improved or unimproved real property within the mauka
					 area.
"Executive director" means the executive director of the
					 authority.
"Fair market value" means the unencumbered fair market
					 value of a property that has no state or county restrictions attached thereto,
					 as determined by a real estate appraiser licensed or certified to practice in
					 the State of Hawaii subject to the requirements of section
					 466K-4,
					 Hawaii Revised Statutes.
"Floor area ratio" or "FAR" means the ratio of floor area
					 to land area expressed as a percent or decimal which shall be determined by
					 dividing the total floor area on a development lot by the lot area of that
					 development lot.
"Gross revenue" means the gross receipt from sale of all
					 residential units, associated parking, and other common area elements in a
					 project for the purpose of calculating cash-in-lieu payment in lieu of
					 providing for-sale reserved housing units. For rental reserved housing, the
					 capitalized value of net operating rent shall be utilized as gross revenue for
					 the purpose of calculating cash-in-lieu payment.
"Household" means:
(1) Single person;
(2) Two or more persons regularly living
				  together related by blood, marriage, or by operation of law;
(3) A live-in aide, who is essential to the
				  care and well-being of a household member subject to proper documentation and
				  credential as a qualified caregiver; or
(4) No more than five unrelated persons who
				  have lived together for at least one year, who have executed an affidavit, and
				  who have provided proof acceptable to the authority in its sole discretion.
				  Affidavits from family members or neighbors are not acceptable.
"Household income" means the total annual income, before
					 taxes and personal deductions, received by all members of the applicant's
					 household, including but not limited to wages, salaries, overtime pay,
					 commissions, fees, tips and bonuses, compensation for personal services, social
					 security payments, retirement benefits, income derived from assets, cost of
					 living allowance, net income from business or profession, unemployment
					 benefits, welfare benefits, interest and dividend payments. Household income
					 shall exclude income of a co-mortgagor who is not a household member, income
					 from employment of minor children including foster children, and income from
					 employment of full-time students under the age of twenty-three years.
"HRS" means the Hawaii Revised Statutes.
"HUD" means the United States, Department of Housing and
					 Urban Development.
"Land trust" means a recorded instrument as defined in
					 chapter
					 558, HRS.
"Licensed life care facilities" means licensed assisted
					 living facilities as defined in section
					 321-15.1, HRS.
"Low-income household" means a household whose household
					 income does not exceed eighty percent of the area median income.
"Moderate-income household" means a household whose
					 household income in greater than eighty percent but does not exceed one hundred
					 forty percent of the area median income.
"Multi-family residential development" means residential
					 building consisting of more than one residential unit.
"Reserved housing" means housing designated for residents
					 in the low-income or moderate-income ranges who meet such eligibility
					 requirements as the authority may adopt by rule.
"Workforce housing project" means new multi-family
					 residential development where at least seventy-five percent of the residential
					 units are set aside for purchase or for rent by households earning no more than
					 one hundred forty per cent of the AMI.
Terms not defined in this section shall be accorded their
					 commonly accepted meanings.