Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2028 - Federally-Assisted Public Housing Projects › Subchapter 1 - GENERAL PROVISIONS › Section 17-2028-2 - Definitions

Current through June, 2024
Whenever used in this chapter, unless specifically
					 defined:
"Accessible dwelling unit" means a dwelling unit that 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 a dwelling unit being made accessible as a result of
					 alterations and is intended for use by a specific qualified individual with
					 disabilities which meets the requirements of applicable standards that address
					 the particular disability or impairment of an individual.
"Adjusted income" means "annual income" of the members of
					 the family residing or intending to reside in the dwelling unit minus any HUD
					 allowable expenses and deductions as defined in
					 24 C.F.R. §
											5.611 as it existed on March 28, 2013.
"Admissions and Continued Occupancy Policy" or "ACOP" means
					 these administrative rules and other administrative rules containing the
					 policies by which the authority determines eligibility for admission,
					 prospective tenant selection, dwelling unit assignment, fair and
					 nondiscriminatory transfers, rental agreement terminations, pet policies, and
					 other property-specific guidelines that a public housing authority is required
					 to adopt pursuant to the U.S. Department of Housing and Urban Development
					 federal public housing regulations in 24 C.F.R. Chapter IX.
"Annual income" means the gross amount of income
					 anticipated to be received by the family during the twelve months after
					 admission or reexamination. Gross income is the amount of income prior to any
					 HUD allowable expenses or deductions, and does not include income which has
					 been excluded by HUD, as defined in
					 24 C.F.R. §
											5.609 as it existed on March 28, 2013.
"Applicant" means an individual or family that submits an
					 application for admission to the program but is not yet a participant in the
					 program.
"Assets" or "net family assets" means net cash value after
					 deducting reasonable costs that would be incurred in disposing of real
					 property, savings, stocks, bonds, and other forms of capital investment as
					 defined in 24 C.F.R. §
											5.603 as it existed on October 20, 2022, and
					 excludes the value of necessary items of personal property such as furniture
					 and automobiles.
"Assisted housing" means the same as "federally-assisted
					 housing".
"Authority" means the Hawaii public housing
					 authority.
"Back charge" means the amount of arrears in rent or other
					 charges owed to the authority.
"C.F.R." means the United States Code of Federal
					 Regulations.
"Child" means a person who is born alive and is less than
					 eighteen years of age.
"Common areas" means areas which are available for use by
					 more than one household, including lobbies, corridors, hallways, stairways,
					 parking lots, spots, ramps, washing machine or laundry room, rooftops,
					 elevators, washrooms and lobby areas, driveways, storerooms, fire escapes,
					 entrances and exits of the building or buildings, basements, yards, gardens,
					 recreational facilities, other parts of the project in common use or other
					 areas designated by the authority, and shared ventilation ducts that service
					 more than one dwelling unit.
"Community facilities" means real and personal property;
					 buildings, equipment, lands, and grounds for recreational or social assemblies,
					 and for educational, health, or welfare purposes; and necessary or convenient
					 utilities, when designed primarily for the benefit and use of the authority or
					 the occupants of the dwelling units.
"Community service" means the performance of voluntary work
					 or duties that are a public benefit and that serve to improve the quality of
					 life, enhance resident self-sufficiency, or increase resident
					 self-responsibility in the community. Community service is not employment and
					 may not include political activities.
"Community wide" means inclusive of any location that is
					 under the jurisdiction of the authority. "Continuously assisted" means that the
					 applicant is currently receiving assistance under any program of the United
					 States Housing Act of 1937, as amended, and there is no break in assistance to
					 the family.
"Covered families" means families who receive welfare
					 assistance or other public assistance benefits ("welfare benefits") from a
					 State or other public agency ("welfare agency") under a program for which
					 federal, State, or local law requires that a member of the family must
					 participate in an economic self-sufficiency program as a condition for such
					 assistance.
"Criminal activity" means the tenant, any member of the
					 tenant's household, a guest or another person under the tenant's control has
					 engaged in any 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 used
					 for a criminal conviction.
"Designated housing" or "designated project" means a
					 property (or properties), or a portion thereof that has been designated for
					 occupancy by disabled families, elderly families, or mixed populations of
					 disabled families and elderly families.
"Disabled family" means a family whose head, spouse, or
					 sole member is a person with disabilities; or two or more persons with
					 disabilities living together; or one or more persons with disabilities living
					 with one or more live-in aides.
"Domestic violence" means the actual or threatened physical
					 violence directed against a family member by a spouse, former spouse, or other
					 member of the family who is living or has lived with the family.
"Drug" means a controlled substance as defined in section
					 102 of the Controlled Substances Act (21 U.S.C. §
											802) as it
					 existed on October 20, 2022.
"Drug related criminal activity" means the illegal
					 manufacture, sale, distribution, or use of a drug, or possession of a drug with
					 intent to manufacture, sell, distribute, or use the drug.
"Dwelling unit" means a residential unit in a public
					 housing project.
"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 for admission into
					 federally-assisted public housing.
"Enclosed or partially enclosed" means closed in by a roof
					 or overhang and at least one wall. Enclosed or partially enclosed areas include
					 but are not limited to areas commonly described as public lobbies, lanais,
					 interior courtyards, patios, and covered walkways.
"Exempt individual" means an individual who is exempt from
					 complying with community service or self-sufficiency activities and which is
					 further defined in 24 C.F.R.
					 §
											960.601(b) as it
					 existed on October 20, 2022.
"Extremely low-income family" means a family whose annual
					 income does not exceed thirty per cent of the median income for the area, as
					 determined by HUD with adjustments for smaller and larger families, except that
					 HUD may establish income ceilings higher or lower than thirty per cent of the
					 median income for the area if HUD finds that such variations are necessary
					 because of unusually high or low family incomes.
"Family" means regardless of actual or perceived sexual
					 orientation, gender identity, or marital status:
(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 whose head of family has reached the age of majority. A
				  child who is temporarily away from the home because of placement in foster care
				  is considered a member of the family. Family may include foster children and
				  hanai children or a child who is domiciled with, and for whom an adult member
				  of the current household is caring for with written or unwritten permission
				  from the legal parent or other person having legal custody, or child domiciled
				  with, and for whom an adult member of the current household is in the process
				  of securing custody;
(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 may be 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.
"Federally-assisted housing" means housing assisted under
					 any of the following HUD programs:
(1)
				  Public housing;
(2) Housing
				  receiving project-based or tenant-based assistance under Section 8 of the
				  United States Housing Act of 1937 (42 U.S.C. §
											1437f) as it
				  existed on October 20, 2022;
(3)
				  Housing that is assisted under section 202 of the Housing Act of 1959, as
				  amended by section 801 of the National Affordable Housing Act (12 U.S.C. §
											1701q) as it existed on October 20,
				  2022;
(4) Housing that is assisted
				  under section 202 of the Housing Act of 1959, as such section existed before
				  the enactment of the National Affordable Housing Act as it existed on October
				  20, 2022;
(5) Housing that is
				  assisted under section 811 of the National Affordable Housing Act
				  (42 U.S.C. §
											8013) as it existed on October 20,
				  2022;
(6) Housing financed by a
				  loan or mortgage insured under section 221(d)(3) of the National Housing Act
				  (12 U.S.C. §
											17151(d)(3)) that bears
				  interest at a rate determined under the proviso of section 221(d)(5) of such
				  Act (12 U.S.C. §
											17151 (d)(5)) as it existed
				  on October 20, 2022;
(7) Housing
				  insured, assisted, or held by HUD or by a State or local agency under section
				  236 of the National Housing Act (12 U.S.C. §
											1715z -l) as it
				  existed on October 20, 2022; or
(8)
				  Housing assisted by the Rural Development Administration under section 514 or
				  section 515 of the Housing Act of 1949 (42 U.S.C. §§
											1483,
				  1484) as it existed on October 20,
				  2022.
"Foster children" means a person or persons, under eighteen
					 years of age who is or are not related to the foster parent by blood, marriage,
					 or adoption and who is or are 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" means actual or perceived gender-related
					 characteristics.
"Hanai child" or "Hanai children" means a child who is
					 taken permanently to reside, be educated, and reared by someone other than the
					 natural parents, traditionally a grandparent or other relative, with the
					 written or unwritten permission of the natural parents.
"Household" means the family and the authority-approved
					 live-in aide.
"HRS" means the Hawaii Revised Statutes.
"HUD" means the United States Department of Housing and
					 Urban Development.
"Imputed welfare income" means the amount of annual income
					 not actually received by a family, as a result of a specified welfare benefit
					 reduction, that is nonetheless included in the family's annual income for
					 purposes of determining rent.
"Individual relief" means relief from surcharges for excess
					 consumption of agency purchased utilities due to special factors affecting
					 utility usage not within the control of the resident, as the agency shall deem
					 appropriate.
"Involuntarily displaced" means an applicant who has
					 vacated or will have to vacate the dwelling unit where the applicant lives
					 because of one or more of the following:
(1) Displacement by disaster;
(2) Displacement by governmental action;
				  or
(3) Displacement by action of
				  housing owner for reasons beyond the applicant's control and despite the
				  applicant meeting all previously imposed conditions of occupancy. The action
				  taken by the owner shall be for reasons other than an increase in rent.
"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 eighteen years of age or
				  older;
(2) Is determined by the
				  authority to be essential to the care and well-being of the elder or elderly
				  family member or the family member with disabilities;
(3) Is not obligated for the support of the
				  elder or the elderly family member or family member with
				  disabilities;
(4) Would not be
				  living in the dwelling unit except to provide the necessary support
				  services;
(5) Is not a tenant;
				  and
(6) Notwithstanding any other
				  rule, has no rights of tenancy, continued occupancy of dwelling unit, and is
				  not a remaining member of the household and shall cease to be an occupant
				  therein upon the recovery of the dwelling unit by the authority, or removal
				  from the project of the elder or elderly family member or a family member with
				  disabilities who required the live-in aide.
"Location" means any site comprising a common geographic
					 area undivided by natural or man-made barriers (such as rivers, highways,
					 railroads, or other major obstructions) that block or impede normal pedestrian
					 traffic and which may contain more than one project.
"Low-income family" means a family whose annual income does
					 not exceed eighty per cent of the median income for the area, as determined by
					 HUD with adjustments for smaller and larger families, except that HUD may
					 establish income ceilings higher or lower than eighty per cent of the median
					 income for the area if HUD finds that such variations are necessary because of
					 unusually high or low family incomes.
"Multifamily dwelling" means a building containing more
					 than two dwelling units.
"Near elderly family" means a family whose head, spouse, or
					 sole member is at least fifty years of age but below the age of sixty-two, or
					 two or more persons, who are at least fifty years of age but below the age of
					 sixty-two, living with one or more live-in aides.
"PHA plan" means the authority's public housing agency plan
					 that is prepared pursuant to 24 C.F.R. Part 903.
"Projects" means those rental properties owned or operated
					 by the authority.
"Public housing" or "federally-assisted public housing"
					 means housing assisted under the United States Housing Act of 1937, other than
					 under Section 8 of that Act, and includes dwelling units in a mixed finance
					 project that are assisted by the authority with capital or operating
					 assistance.
"Police officer" means a person determined by the authority
					 to be, during the period of residence of that person in public housing,
					 employed on a full-time basis as a duly licensed professional police officer by
					 a federal, State, or local government or by any agency of these
					 governments.
"Refusal of an offer" means an applicant declines an offer
					 made by the authority for a specific dwelling unit from any waiting list or an
					 applicant's failure to respond to a written offer from the authority for a
					 specific dwelling unit within the time specified in the offer.
"Rental agreement" means the agreement or contract
					 containing the terms and conditions of occupancy of a dwelling unit entered
					 into by the tenant and authority.
"Resident" means a United States citizen or national, or an
					 eligible immigrant under one of the categories set forth in
					 42 U.S.C. §
											1436a(a) (also known as
					 "noncitizen") who is able to demonstrate his or her intent to reside in Hawaii.
					 Under one of these categories, an eligible immigrant is an alien who is
					 lawfully residing in the United States and its territories and possessions
					 under section 141 of the Compacts of Free Association between the government of
					 the Republic of the Marshall Islands, the Federal States of Micronesia
					 (48 U.S.C.
					 18901 note), and the Republic of Palau
					 (48 U.S.C.
					 1931 note) while the applicable section is in
					 effect, also known as "COFA" resident. 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 in Hawaii.
"Security deposit" means a monetary deposit required prior
					 to admission to federally-assisted public housing or use of community
					 facilities that is applied against the cost of loss or damage to the
					 authority's property (reasonable wear and tear excepted) and non-payment of
					 rent.
"Serviceman" means a person active in the Army, Navy, Air
					 Force, Marine Corps or Coast Guard of the United States, and since July 29,
					 1945, the Commissioned Corps of the U.S. Public Health Service who has served
					 therein at any time:
(1) On or after
				  April 6, 1917, and prior to November 11, 1918;
(2) On or after September 16, 1940, and prior
				  to July 26, 1947;
(3) On or after
				  June 27, 1950, and prior to February 1, 1955; or
(4) On or after August 6, 1964 and prior to
				  May 7, 1975.
"Sexual orientation" means having a preference for
					 homosexuality, heterosexuality, or bisexuality, having a history of any one or
					 more of these preferences, having a history of any one or more of these
					 preferences, or being identified with any one or more of these preferences.
					 Sexual orientation shall not be construed to protect conduct otherwise
					 proscribed by law.
"Smoke" or 'smoking" means inhaling, exhaling, burning, or
					 carrying any lighted smoking or heated tobacco product or plant product
					 intended for inhalation in any manner or in any form, including electronic
					 smoking devices.
"Spouse" means the marriage partner of the head of
					 household.
"Staff" means the employees or authorized contractors of
					 the authority.
"Tenant" means the person or persons who enter into a
					 rental agreement with the authority to reside in a dwelling unit.
"U.S.C." means the United States Code.
"Utility allowance" means the value of utilities such as
					 electricity, gas, and water costs that are included in the gross rent of the
					 tenant. This does not include telephone or cable television services.
"Utility reimbursement" means the amount, if any, by which
					 the utility allowance for the dwelling unit exceeds the total tenant payment of
					 the family occupying the dwelling unit.
"Very low-income family" means a family whose annual income
					 does not exceed fifty per cent of the median income for the area, as determined
					 by HUD with adjustments for smaller and larger families, except that HUD may
					 establish income ceilings higher or lower than fifty per cent of the median
					 income for the area if HUD finds that such variations are necessary because of
					 unusually high or low family incomes.
"Veteran" means any person who served in the military or
					 naval forces of the United States who has been discharged or released from
					 active service under conditions other than dishonorable.
"Violent criminal activity" means any criminal activity
					 that has as one of its elements 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.