Hawaii Administrative Rules › Title 17 - DEPARTMENT OF HUMAN SERVICES › Hawaii Public Housing Authority › Chapter 2040 - EMERGENCY HOUSING VOUCHER PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 17-2040-3 - Definitions

Current through June, 2024
As used in this chapter:
"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.
"Annual income" means the gross amount of income
					 anticipated to be received by the family during the twelve months or go to, or
					 on behalf of, the family head or spouse (even if temporarily absent) or to any
					 other family member after certification or recertification. 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 set forth in
					 24
					 C.F.R. §
											5.609.
"Applicant" means an individual or family that the
					 Continuum of Care or other referral agency has referred as 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,
					 excluding interests in Indian trust land and excluding equity accounts in HUD
					 homeownership programs as defined in
					 24
					 C.F.R. §
											5.603. The value of necessary
					 items of personal property such as furniture and automobiles shall be
					 excluded.
"At risk of homelessness" means
(a) an individual or family who:
(1) Has an annual income below thirty percent of median
					 family income for the area, as determined by HUD;
(2) Does not have sufficient resources or support networks,
					 e.g., family, friends, faith-based or other social networks, immediately
					 available to prevent them from moving to an emergency shelter or another place
					 described in paragraph (1) of the "Homeless" definition above; and
(3) Meets one of the following conditions:
(i) Has moved because of economic reasons two or more times
					 during the sixty days immediately preceding the application for homelessness
					 prevention assistance;
(ii) Is living in the home of another because of economic
					 hardship;
(iii) Has been notified in writing that their right to
					 occupy their current housing or living situation will be terminated within
					 twenty one days of the date of application for assistance;
(4) Lives in a hotel or motel and the cost of the hotel or
					 motel stay is not paid by charitable organizations or by federal, State, or
					 local government programs for low-income individuals;
(5) Lives in a single-room occupancy or efficiency
					 apartment unit in which there reside more than two persons, or lives in a
					 larger housing unit in which there reside more than 1.5 people per room, as
					 defined by the U.S. Census Bureau;
(6) Is exiting a publicly funded institution, or system of
					 care (such as a health-care facility, a mental health facility, foster care or
					 other youth facility, or correction program or institution); or
(7) Otherwise lives in housing that has characteristics
					 associated with instability and an increased risk of homelessness, as
					 identified in the recipient's approved consolidated plan.
(b) A child or youth who does not qualify as "homeless"
					 under this section, but qualifies as "homeless" under section 387(3) of the
					 Runaway and Homeless Youth Act (42 U.S.C.
					 5732a(3)) , section 637(11)
					 of the Head Start Act (42 U.S.C.
					 9832(11)) , section 41403(6)
					 of the Violence Against Women Act of 1994 (42 U.S.C.
					 14043e-2(6)) ,
					 section 330 (h) (5) (A) of the Public Heal th Service Act (42 U.S.C.
					 254b(h) (5) (A)) , section
					 3(m) of the Food and Nutrition Act of 2008 (7 U.S.C.
					 2012(m)) , or section 17 (b)
					 (15) of the Child Nutrition Act of 1966 (42
					 U.S.C. 1786(b) (15)) ;
					 or
(c) A child or youth who does not qualify as "homeless"
					 under this section, but qualifies as "homeless" under section 725(2) of the
					 McKinney-Vento Homeless Assistance Act (42 U.S.C.
					 11434a(2)) , and the
					 parent(s) or guardian(s) of that child or youth if living with her or him.
					 "Authority" means the Hawaii public housing authority.
"Board" means the board of directors of the Hawaii public
					 housing 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.
"CoC" or "Continuum of Care" means the group organized to
					 carry out the responsibilities required under 24 C.F.R. Part 578 for a
					 geographic area and that is composed of representatives of organizations,
					 including nonprofit homeless providers, victim service providers, faith-based
					 organizations, governments, businesses, advocates, public housing agencies,
					 school districts, social service providers, mental health agencies, hospitals,
					 universities, affordable housing developers, law enforcement, organizations
					 that serve homeless and formerly homeless veterans, and homeless and formerly
					 homeless persons to the extend these groups are represented within the
					 geographic area and are available to participate.
"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 U.S. Housing Act of
					 1937, as amended, and there is no break in assistance to the family.
"Contract rent" means the total monthly rent payable to the
					 owner or landlord under the lease for the dwelling unit.
"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 any conduct that is prohibited by
					 any criminal laws, whether federal, state or county, regardless of whether
					 there has been an arrest or conviction and without satisfying the standard of
					 proof for a criminal conviction.
"Dating violence" means violence committed by a
					 person:
(a) Who is or has been in a social relationship of a
					 romantic or intimate nature with the victim; and
(b) Where the existence of such a relationship shall be
					 determined based on a consideration of the following factors:
(1) The length of the relationship;
(2) The type of relationship; and
(3) The frequency of interaction between the person
					 involved in the relationship.
"Designated partner referral agency" means the Continuum of
					 Care or any alternative referral partner agency designated to refer eligible
					 applicants to the authority through a Memorandum of Agreement.
"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,
					 including persons who have human immunodeficiency virus (HIV) or AIDs. The term
					 does not include current illegal use or addition 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
					 suitable housing conditions.
"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 felony or misdemeanor crimes of
					 violence committed by:
(a) A current or former spouse or intimate partner of the
					 victim (the term 'spouse or intimate partner of the victim" includes a person
					 who is or has been in a social relationship of a romantic or intimate nature
					 with the victim, as determined by the length of the relationship, the type of
					 the relationship, and the frequency of interaction between the persons involved
					 in the relationship);
(b) A person with whom the victim shares a child in
					 common;
(c) A person who is cohabitating with or has cohabited with
					 the victim as a spouse or intimate partner;
(d) A person similarly situated to a spouse of the victim
					 under the domestic or family violence laws of the jurisdiction receiving grant
					 monies; or
(e) Any other person against an adult or youth victim who
					 is protected from that person's acts under the domestic or family violence laws
					 of the jurisdiction.
"Domiciled" means physically residing in the unit with
					 intent to remain.
"Drug related criminal activity" means the manufacture,
					 sale, distribution, use or possession with intent to manufacture, sell,
					 distribute or use a controlled substance as defined in
					 21
					 U.S.C. 802 and which activity is conducted on
					 or near the premises of the assisted dwelling unit.
"Dwelling unit" means a residential unit accepted for lease
					 in the program.
"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.
"Extremely low income family" means a very low-income
					 family whose annual income does not exceed the higher of: (1) The poverty
					 guidelines established by the Department of Health and Human Services
					 applicable to the family of the size involved (except in the case of families
					 living in Puerto Rico or any other territory or possession of the United
					 States); or (2) Thirty (30) percent 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 30 percent of the
					 area median income for the area if HUD finds that such variations are necessary
					 because of unusually high or low family incomes.
"Fair market rent" or "FMR" means the rent including the
					 cost of utilities (except telephone or cable television), as established by HUD
					 for units of varying sizes (by number of bedrooms), that must be paid in the
					 housing market area to rent privately owned, existing, decent, safe and
					 sanitary rental housing of modest (non-luxury) nature with suitable
					 amenities.
"Family" means regardless of actual or perceived sexual
					 orientation, gender identity or expression, or marital status:
(1) Two or more persons who live or intend to live together
					 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, hanai
					 children, or a minor child or children where a family member is in the process
					 of security legal custody of the minor and the minor is domiciled with the
					 family;
(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.
"Foster child" or "Foster children" means a person or
					 persons under eighteen years of age who is or are provided foster care by a
					 foster parent pursuant to Chapter
					 587A, HRS.
"Foster parent" means any adult person licensed by the
					 department of human services or another authorized agency to provide foster
					 care services for a child or children under Chapter
					 587A, HRS.
"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.
"Gross rent" means the contract rent plus allowances for
					 utilities and other services.
"Hanai children" means a person or persons, under eighteen
					 years of age, who is or who are 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 legal
					 parent.
"HAP" or "housing assistance payment" means the monthly
					 housing assistance payment by the authority as defined in
					 24
					 C.F.R. §
											982.4 which includes:
(1) A payment to the owner or landlord for rent under the
					 family's lease and
(2) Any additional payment to the family if the total
					 assistance payment exceeds the rent to the owner or landlord.
"HAP contract" means housing assistance payments
					 contract.
"HRS" means Hawaii Revised Statutes.
"Homeless" means (a) an individual or family who lacks a
					 fixed, regular, and adequate nighttime residence, meaning:
(1) An individual or family with a primary nighttime
					 residence that is a public or private place not designed for or ordinarily used
					 as a regular sleeping accommodation for human beings, including a car, park,
					 abandoned buildings, bus or train station, airport, or camping ground;
(2) An individual or family living in a supervised publicly
					 or privately operated shelter designated to provide temporary living
					 arrangements (including congregate shelters, transitional housing, and hotels
					 and motels paid for by charitable organizations or by federal, State, or local
					 government programs for low-income individuals); or
(3) 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
					 place not meant for human habitation immediately before entering that
					 institution.
(b) An individual or family who will immediately lose their
					 primary nighttime residence, provided that:
(1) The primary nighttime residence will be lost within 14
					 days of the date of application for homeless assistance;
(2) No subsequent residence has been identified; and
(3) The individual or family lacks the resources or support
					 networks, such as family, friends, faith-based or other social networks, needed
					 to obtain other permanent housing;
(c) Unaccompanied youth under 25 years of age, or families
					 with children and youth, who do not otherwise qualify as homeless under this
					 definition, but who:
(1) are defined as homeless under section 387 of the
					 Runaway and Homeless Youth Act (42 U.S.C.
					 5732a) , section 637 of the Head Start Act
					 (42
					 U.S.C. 9832) , section 41403 of the Violence
					 Against Women Act of 1994 (42 U.S.C. 14043e-2) ,
					 section 330(h) of the Public Health Service Act (42 U.S.C.
					 254b(h)) , section 3 of the
					 Food and Nutrition Act of 2008 (7 U.S.C.
					 2012) , section 17(b) of the Child Nutrition
					 Act of 1966 (4 U.S.C. 1786(b)) , or section 725 of the McKinney-Vento Homeless
					 Assistance Act (42 U.S.C. 11434a) ;
					 (2) Have not had a lease, ownership interest, or occupancy agreement in
					 permanent housing at any time during the 60 days immediately preceding the date
					 of application for homeless assistance;
(3) Have experienced persistent instability as measured by
					 two moves or more during the 60-day period immediately preceding the date of
					 applying for homeless assistance; and
(4) Can be expected to continue in such status for an
					 extended period of time because of chronic disabilities; chronic physical
					 health or mental health conditions; substance addiction; histories of domestic
					 violence or childhood abuse (including neglect); the presence of a child or
					 youth with a disability; or two or more barriers to employment, which include
					 the lack of a high school degree or general education development (GED),
					 illiteracy, low English proficiency, a history of incarceration or detention
					 for criminal activity, and a history of unstable employment.
"Housing quality standards" means the HUD minimum quality
					 standards for housing assisted under the HUD tenant-based rental assistance
					 programs as defined in
					 24 C.F.R. §
											982.401.
"HUD" means the United States Department of Housing and
					 Urban Development.
"HUD Notice PIH 2021-15(HA)" means the notice issued on May
					 5, 2021 by the United States Department of Housing and Urban Development titled
					 "Emergency Housing Vouchers - Operating Requirements" that implements the
					 provisions in Section 3202 Emergency Housing Vouchers of the American Rescue
					 Plan Act of 2021 (
					 Pub. L. No.
					 117-2 ).
"Human trafficking" means both sex and labor trafficking,
					 as out lined in the Trafficking Victims Protection Act of 2000, as
					 amended.
"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.
"Labor trafficking" means the recruitment, harboring,
					 transportation, provision, or obtaining of a person for labor or services,
					 through the use of force, fraud, or coercion for the purpose of subjection to
					 involuntary servitude, peonage, debt bondage, or slavery.
"Landlord" means either the owner of the property or his or
					 her representative or the managing agent or his or her representative, as shall
					 be designated by the owner.
"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;
(3) Would not be living in the unit except to provide the
					 necessary support services;
(4) Is not a tenant; and
(5) Not withstanding any other rule, has no right of
					 tenancy, continued occupancy of the unit, and is not a remaining member of the
					 family or household member.
"Low income family" means "a family whose annual income
					 does not exceed 80 percent 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 80 percent of the median income
					 for the area on the basis of HUD's findings that such variations are necessary
					 because of unusually high or low family incomes."
"Near elderly" means a family whose head, spouse, or solo
					 member is at least fifty years of age but below the age of sixty two.
"Owner" means any persons or entity having the legal right
					 to lease or sublease a residential dwelling unit to a participant and includes,
					 when applicable, a mortgagee.
"Participant" or "tenant" means a person or family that is
					 receiving rental assistance in the program. Participation begins on the first
					 day of the approved lease term.
"Payment standard" means the maximum monthly assistance
					 payment for a family assisted in the voucher program before deducting the total
					 tenant payment by the family.
"PHA" means public housing authority.
"Portability" means the right to receive emergency housing
					 voucher assistance outside of the jurisdiction of the initial public housing
					 agency.
"Program" means the emergency housing voucher
					 program.
"Recently homeless" means an individual or family who has
					 previously been classified by a member of the Coe as homeless but are not
					 currently homeless as a result of homeless assistance, temporary rental
					 assistance or some type of other assistance, and where the CoC or its designee
					 determines that the loss of such assistance would result in a return to
					 homelessness or the family having a high risk of housing instability. Examples
					 of households that may be defined as recently homeless by the Coe include, but
					 are not limited to, participants in rapid rehousing, and permanent supportive
					 housing.
"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, one eligible immigrant is an alien
					 who is a lawful resident in the United States and its territories and
					 possessions under section 141 of the Compacts of the Free Association between
					 the Government of the Republic of the Marshall Islands, the Federal States of
					 Micronesia (48 U.S.C.
					 1901 note), and the Republic of Palau (48
					 U.S.C. 931 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; record of employment in Hawaii;
					 military records substantiating Hawaii residency; record of 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 the deposit required by an owner
					 from a participant as defined in the Residential Landlord-Tenant Code, §
										521-44,
					 HRS.
"Sex trafficking" means the recruitment, harboring,
					 transportation, provision, obtaining, patronizing, or soliciting of a person
					 for the purpose of a commercial sex act, in which the commercial sex act is
					 induced by force, fraud, or coercion, or in which the person induced to perform
					 such act has not attained 18 years of age.
"Sexual assault" means any nonconsensual sexual act
					 proscribed by federal, tribal, or state law, including when the victim lacks
					 capacity to consent.
"Sexual orientation" means having a preference for
					 heterosexuality, homosexuality, or bisexuality, having a history of any one or
					 more of the preferences, or being identified with any one of more of these
					 preferences. "Sexual orientation" shall not be construed to protect conduct
					 otherwise proscribed by law.
"Stalking" means engaging in a course of conduct directed
					 at a specific person that would cause a reasonable person to:
(a) Fear for the person's individual safety of others;
					 or
(b) Suffer substantial emotional distress.
"Utility allowance" means the value of utilities such as
					 electricity, gas, and water costs that are included in the gross rent of the
					 participant. This does not include telephone or cable TV services.
"Very low income family" means "a family whose annual
					 income does not exceed 50 percent of the median family 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 50 percent 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 a person who has served in the active
					 military or naval service of the United States at any time and who shall have
					 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
"Voucher" means a document issued by the authority to a
					 family selected for admission to the voucher program
"Voucher holder" means an applicant who has a valid voucher
					 but not an approved lease.