Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 307 - STATE ASSISTED LAND AND HOUSING DEVELOPMENT PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 15-307-2 - Definitions

Current through June, 2024
As used in this chapter: by the board or the executive
					 director's designated representative.
"Assets" means total cash, securities, and real and
					 personal property less any outstanding liabilities secured by the
					 assets.
"Assisted project" means a project which is initiated and
					 developed by an entity other than the corporation, and which is being provided
					 state assistance to lower sales prices or rental rates. Such assistance may
					 include, but is not necessarily limited to, interim and permanent financing,
					 expedited processing of projects, tax credits, general excise tax exemptions,
					 and rental assistance.
"Board" means the board of directors of the Hawaii housing
					 finance and development corporation established under chapter
					 201H, HRS.
"Contractor" means a general engineering contractor or
					 general building contractor licensed under chapter
					 444,
					 HRS.
"Corporation" means the Hawaii housing finance and
					 development corporation established under chapter
					 201H, HRS.
"County" includes the counties of Kauai, Maui, Hawaii, and
					 the city and county of Honolulu, and unless the context requires a different
					 meaning, it shall mean the county in which the project is situated.
"Design professional" means a professional engineer,
					 architect, surveyor, or landscape architect licensed under chapter
					 464, HRS.
"Develop" or "development" means the planning, financing,
					 acquisition of real property, demolition of existing structures, clearance of
					 real property, construction, reconstruction, alteration, or repairing of
					 approaches, streets, sidewalks, utilities, and services or other site
					 improvements, or construction, reconstruction, repair, remodeling, extension,
					 equipment, or furnishing of buildings or other structures or any combination of
					 the foregoing, of any housing project. It also includes any and all
					 undertakings necessary therefor, and the acquisition of any housing, in whole
					 or in part.
"Diversified agricultural use" means use of an agricultural
					 lot for the cultivation of crops, including flowers, vegetables, foliage,
					 fruit, forage, and aquaculture.
"Dwelling" means a structure designated for residential
					 use.
"Dwelling unit" or "unit" means the structure and land upon
					 which the structure is constructed, whether on fee simple or leasehold
					 property, developed pursuant to chapter
					 201H, HRS, which is intended for
					 residential purposes. It may also mean improved or unimproved real property
					 which is developed for residential purposes pursuant to the provisions of
					 chapter
					 201H, HRS.
"Elder" means a person who is a qualified resident of the
					 State and who has attained the age of sixty-two.
"Eligible contractor" means a general engineering
					 contractor or general building contractor licensed under chapter
					 444,
					 HRS, who:
(1) Is determined by the board to be qualified by
					 experience and financial responsibility and support to construct housing of the
					 type described and of the magnitude encompassed by the given project;
					 and
(2) Meets all other requirements that the board deems to be
					 just and reasonable, and all other requirements provided in these rules
"Eligible developer" means an individual, partnership,
					 cooperative, including limited equity housing cooperatives (as defined in
					 chapter
					 421H, HRS), firm, nonprofit or
					 profit corporation, limited liability company, or public agency which the
					 corporation has certified pursuant to the provisions of section 15-307-24 of
					 these rules.
"Former owner" means a former owner of a dwelling
					 unit:
(1) From whom the dwelling unit was repurchased pursuant to
					 section
					 201H-47,
					 HRS; or
(2) Who has obtained a waiver of repurchase rights from the
					 corporation under section
					 201H-47,
					 HRS.
"Government assistance program" means any housing program
					 qualified by the corporation and administered or operated by the State, the
					 corporation, the United States, or any of its political subdivisions, agencies,
					 or instrumentalities, corporate or otherwise, which may be used to effectuate
					 housing development for qualified persons in the State. Government assistance
					 program includes, but is not limited to, the following:
(1) Any program specified, allowed, or eligible for
					 assistance under chapter
					 201H, HRS;
(2) Any program specified, allowed, or eligible for
					 assistance under laws, rules, or regulations of the United States Department of
					 Housing and Urban Development and the United States Department of Agriculture;
					 or
(3) Any program regulated by either the corporation,
					 counties, or the United States or any of their political subdivisions,
					 agencies, or instrumentalities, corporate or otherwise.
"Homeless" means those who meet one or more of the four
					 categories of homelessness established by the United States Department of
					 Housing and Urban Development, as follows:
(1) Individuals and families who lack a fixed, regular, and
					 adeguate nighttime residence and includes a subset for an individual who is
					 exiting an institution where he or she resided for ninety days or less and who
					 resided in an emergency shelter or a place not meant for human habitation
					 immediately before entering that institution;
(2) Individuals and families who will imminently lose their
					 primary nighttime residence;
(3) Unaccompanied youth and families with children and
					 youth who are defined as homeless under other federal statutes; or
(4) Individuals and families who are fleeing, or are
					 attempting to flee, domestic violence, dating violence, sexual assault,
					 stalking, or other dangerous or life-threatening conditions that relate to
					 violence against the individual or a family member.
"Household" means an individual; or two or more persons who
					 live or intend to live together as a unit and whose income and resources are
					 available to meet the household'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.
"HRS" means the Hawaii Revised Statutes.' "Improvement"
					 means an addition, renovation, or replacement to the dwelling unit which
					 enhances the value of the property, and for which labor and capital are
					 expended. Improvements do not include repairs or maintenance of the
					 property.
"Lower cost housing", in the context of identifying the
					 persons or families intended to be served by such housing, primarily includes
					 housing for persons or families whose incomes are identified as one hundred
					 forty per cent or less of the area median income for each of the counties of
					 Hawaii, Maui, Honolulu, and Kauai as determined by the United States department
					 of housing and urban development from time to time, and as adjusted by family
					 size. For the purpose of these rules, such persons or families include persons
					 or families within the following income groups:
(1) "Very low income" - those earning fifty per cent of the
					 area median income and below;
(2) "Low income" - those earning above fifty per cent up to
					 eighty per cent of the area median income;
(3) "Low-moderate income" - those earning above eighty per
					 cent up to one hundred twenty per cent of the area median income; or
(4) "Moderate income" - those earning above one hundred
					 twenty per cent up to one hundred forty per cent of the area median income
"Mixed-use developments" means a development that contains
					 affordable residential dwelling units that may be combined with governmental,
					 educational, commercial, cultural, institutional, or industrial uses; is
					 approved by the county in which the project is located; and is subject
					 to:
(1) Chapter
					 104, HRS;
(2) Title
					 40
					 United States Code sections 3141,
					 3142,
					 3143,
					 3144,
					 3146,
					 and
					 3147;
					 or
(3) A project labor agreement by law or contract in the
					 construction of the project
"Mixed-use transit-oriented developments" means a mixed-use
					 development within county-designated transit-oriented development zones or
					 within a one-half-mile radius of public transit stations, if a county has not
					 designated transit-oriented development zones.
"Mortgage payment" means the owner's payment on any
					 mortgage which is necessary for financing the purchase of an owner's dwelling
					 unit. It may also include payments for lease rent, real property taxes,
					 mortgage insurance, association fees, and any other expenses directly related
					 to financing the purchase of the owner's real property or to maintaining an
					 ownership interest in the real property.
"Owner" means the owner of a dwelling unit.
"Qualified resident" means the same as defined under
					 section
					 201H-32, HRS.
"Plans and specifications" includes construction plans and
					 specifications and any other documents that may be required by the county in
					 the processing of the plans and specifications for the issuance of permits for
					 construction and building of improvements within a project.
"Project" or "housing project" means a plan, design, or
					 undertaking by the corporation or an eligible developer for the development of
					 dwelling units, and includes all real and personal property, buildings and
					 improvements, commercial space, lands for farming and gardening, community
					 facilities acquired or constructed or to be acquired or constructed, and all
					 tangible or intangible assets held or used in connection with the housing
					 project, assisted project, or sponsored project.
"Qualified appraiser" means 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.
"Regional infrastructure improvement" means improvements
					 that would increase the capacity of the infrastructure facilities, including
					 regional sewer systems, water systems, drainage systems, roads, and
					 telecommunications and broadband, if the project improvement increases the
					 capacity to accommodate future growth, and not solely benefit one particular
					 project.
"Rules" means these rules.
"Special needs housing" means housing for persons for whom
					 social problems, age, or physical or mental handicaps impair their ability to
					 live independently and for whom such ability can be improved by more suitable
					 housing conditions.
"Sponsored project" means a project which is initiated by
					 the corporation, and is usually located on lands owned by the corporation. The
					 corporation may or may not act as the developer of a project which it
					 sponsors.
"Starter home" means a dwelling unit that is designed to
					 meet the basic living capacity requirements of homebuyers with families of
					 limited size by eliminating needless design and space amenities, but which
					 nonetheless enables future expansion, modification, and improvement by the
					 owner to accommodate increased occupancy over time as may be necessary.
"State" means the State of Hawaii.
"Subaccount" means an accounting set-aside within the
					 dwelling unit revolving fund established pursuant to section
					 201H-191,
					 HRS, for a specific county for the purpose of administering funding sources for
					 regional infrastructure improvements by or for the benefit of that
					 county.
"Subdivision and construction documents" includes all
					 subdivision documents and plans and specifications.
"Subdivision documents" includes preliminary maps, final
					 maps, subdivision construction plans and specifications, and any other document
					 that may be required by the State or county in the processing of applications
					 and permits relating to the development of the project.
"Subsidies" means the difference between all costs expended
					 by the corporation, less any recoveries by the corporation. It also includes
					 unrecovered development, land, financing and carrying costs.
"Substantial construction defect" means a defect or
					 deficiency in a dwelling unit which affects its structural integrity,
					 habitability, or appearance and which is not caused by the act or omission of
					 the owner or a person hired, retained, or engaged by the owner. This includes,
					 but is not necessarily limited to, structural defects such as shifting
					 foundations and bearing walls, structural deficiencies due to the use of
					 defective or undersized materials, defects affecting the health and safety of
					 occupants, and shifting, sliding, or sinking ground of such degree as to affect
					 the dwelling unit on the land or the health and safety of the occupants of the
					 land.
"Sustainable affordable leases" means the same as defined
					 in section 516-1, HRS.
"Value" means the value of a property as determined by a
					 qualified appraiser.