Hawaii Administrative Rules › Title 15 - DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM › Hawaii Housing Finance and Development Corporation › Chapter 186 - STATE-AIDED ELDERLY PUBLIC HOUSING PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 15-186-2 - Definitions

Current through June, 2024
As used in these rules, except otherwise required by
					 context:
"Accessible dwelling unit" means an apartment which 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 an apartment which meets the requirements of applicable
					 standards that address the particular disability or impairment of an
					 individual.
"Adjusted income" means annual income less the following
					 deductions:
(a) For any elderly family that has no disability
					 assistance expenses, an allowance for medical expenses equal to the amount by
					 which the medical expenses exceed three percent of annual income;
(b) For an elderly family that has disability assistance
					 expenses greater than or equal to three percent of annual income, an allowance
					 for disability assistance expenses computed in accordance with paragraph (c) of
					 this section, plus an allowance for medical expenses that is equal to the
					 family's medical expenses; or
(c) For an elderly family that has disability assistance
					 expenses that are less than three percent of annual income, an allowance for
					 combined disability assistance expenses and medical expenses that is equal to
					 the amount by which the sum of these expenses exceeds three percent of annual
					 income.
"Annual income" means all income from any source before
					 deductions or exemptions, anticipated to be received during the twelve month
					 period following admission or redetermination of annual income, as the case may
					 be, by all persons occupying, or who are temporarily separated from the
					 household. Annual income does not include amounts specifically paid to the
					 household for or in reimbursement of the cost of medical expenses for any
					 household member.
"Applicant" means a person or a family that has applied for
					 housing assistance.
"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. The
					 value of necessary items of personal property such as furniture and automobiles
					 shall be excluded. In cases where a trust fund has been established and the
					 trust is not revocable by, or under the control of, any member of the family or
					 household, the value of the trust fund will not be considered an asset so long
					 as the fund continues to be held in trust. Any income distributed from the
					 trust fund shall be counted when determining annual income.
"Corporation" means the housing and community development
					 corporation of Hawaii.
"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. The term
					 does not include current illegal use or addiction to a controlled substance or
					 alcohol or drug abuse that threatens the property or safety of others.
"Dwelling unit" means a residential unit in a housing
					 project.
"Elder" or "elderly" means a person who is a resident of
					 the State and has attained the age of sixty-two years.
"Elder or elderly household" means a household in which at
					 least one member is sixty-two years of age, the spouse or partner has attained
					 the age of majority, and the remaining members have attained the age of
					 fifty-five years at the time of application to the project. A live-in aide
					 shall cease to be a resident therein upon the recovery of, or removal from the
					 project of, the elder.
"Elder or elderly housing" means:
(1) A housing project intended for and occupied by elder or
					 elderly households; or
(2) Housing provided under any state or federal program
					 that the Secretary of the United States Department of Housing and Urban
					 Development determines is specifically designed and operated to assist elder or
					 elderly persons, or if the Secretary makes a determination, the project may
					 also be occupied by persons with disabilities who have reached the age of
					 majority.
"Housing projects" means those rental projects owned and
					 operated or both, by the corporation.
"HRS" means the Hawaii Revised Statutes.
"HUD" means the United States Department of Housing and
					 Urban Development.
"Live-in aide" means a person who:
(1) Is eighteen years of age or older;
(2) Is living in the unit solely to assist the elder or
					 elderly person in daily living activities including bathing, meal preparation
					 and delivery, medicinal care, transportation, and physical activities;
(3) Is not legally obligated to support the elder or
					 elderly person; and
(4) Is verified by the corporation as meeting these
					 requirements.
"Refusal of an offer" means an applicant declines an offer
					 made by the corporation for a specific unit from any waiting list or an
					 applicant's failure to respond to a written offer from the corporation for a
					 specific unit within the time specified in the offer.
"Rent" means the monthly charge to a tenant for the use of
					 a dwelling unit.
"Rental agreement" means the agreement containing the
					 conditions of occupancy entered into by the tenant and corporation.
"Resident" means a United States citizen or a permanent
					 United States resident who is able to demonstrate his or her intent to reside
					 in Hawaii. 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; 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.
"Security deposit" means a deposit required of each tenant
					 prior to admission for the cost of loss or damage of the corporation's property
					 (responsible wear and tear excepted) and non-payment of rent.
"Staff" means the employees or agents of the
					 corporation.
"State-aided elderly public housing projects" means the
					 elderly housing projects which are owned by the corporation including Hale
					 Poai, Laiola, Kamalu, Hoolulu, and Halia Hale.
"Tenant" means the person or persons who enter into a
					 rental agreement with the corporation for a dwelling unit.
"U.S.C." means the United States Code.
"Veteran" means any person who has served in any of the
					 armed services of the United States, or any person who is now a citizen of the
					 United States who has served in any of the armed services of any country which
					 was an ally of the United States in any war or campaign in which the United
					 States was also engaged in. "Veteran" includes any person who served in the
					 military or naval forces of the United States during World War 11 and who has
					 been discharged or released therefrom under conditions other than dishonorable.
					 The term "veteran" includes Filipino World War 11 veterans who served honorably
					 in an active duty status under the command of the United States Armed Forces in
					 the Far East (USAFFE), or within the Philippine Army, the Philippine Scouts, or
					 recognized guerilla units. The Filipino World War 11 veterans must have: served
					 at any time between September 1, 1869, and December 31, 1946; been born in the
					 Philippines; and resided in the Philippines prior to the military
					 service.