HAR §17-2028-2. Definitions

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 the regulatory document governing 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 2028-4 ‘1n §17-2028-2 property-specific guidelines as required pursuant to these rules. “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 March 28, 2013, 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. “Backcharge” 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. “Common areas” means areas which are available for use by more than one family including lobbies, corridors, hallways, stairways, parking lots, spots, ramps, washing machine or laundry room, rooftops, elevators, washrooms and lobby areas, driveways, storerooms, 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. 2028 -5 3111 §17-2028-2 “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 2028-6 ‘1flt §17-2028-2 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 March 28, 2013. “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 arid, 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 March 28, 2013. “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 2028-7 §17-2028-2 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 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 and hanai children; (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. “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 March 28, 2013; (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 March 28, 2013; 2028-8 31fl §l7-2028_2 (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 March 28, 2013; (5) Housing that is assisted under section 811 of the National Affordable Housing Act (42 U.S.C. §8013) as it existed Ofl March 28, 2013; (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 March 28, 2013; (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. §l 7 15z1) as it existed Ofl March 28, 2013; 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 March 28, 2013. HFoster 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 characteristics. “Hanaj Children” means a person or persons, under eighteen years of age, for whom an applicant or tenant provides food, nourishment and support for a minimum period of at least a year or has been recognjze in the household for support by the department of human services and who is acknowledged as the applicant’s or 2028-9 31fl’ §17-2028-2 tenant’s child among friends, relatives and the community. “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. “Involuntarily displaced” means an applicant who has vacated or will have to vacate the 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 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; and (4) Is not a tenant. “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 2028-10 adjustmen 5 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 “federallyassjsted 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. “Refusal of an offer” means an applicant declines an offer made by the authority for a specific unit from any waiting list or an applicant 5 failure to respond to a written offer from the authority for a specific unit within the time Specified in the offer. “Rental agreemeni 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 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 2028-11 3105 §17-2028-2 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 homosexuality, heterosexuality, or bisexuality. “Smoke” or “smoking” means inhaling or exhaling the fumes of tobacco or any other plant material, or burning or carrying any lighted smoking equipment for tobacco or any other plant material. “Staff” means the employees or agents 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. 2028-12 §17-2028-3 “Utility reimbursement” means the amount, if any, by which the utility allowance for the unit exceeds the total tenant payment of the family occupying the 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. [Eff 7/21/05; am and comp 9/4/07; am and comp MAY242014 ] (Auth: HRS §5356D4, 356D-13) (Imp: 24 C.F.R. Parts 5, 903, 960, 965, 966; HRS §8356D-4, 356D-13)