HAR §15-308-2. Definitions

As used in this chapter: "Administrative expenses" means expenses incurred by the corporation for activities performed in conjunction with the administration of this chapter pursuant to sections 201H-47 thru 201H-51, HRS. Such costs may include, but are not limited to salaries, other employee benefits, and other expenses necessary to administer this chapter. "Administrator" means the executive director employed by the board or the executive director's designated representative. "Applicant" means the primary person who submits an application to purchase a property under chapter 201H, HRS, and if applicable, applicant's spouse, co­ applicant, and co-applicant spouse. "Application" means an application to purchase a unit in a project. An application is deemed complete when submitted together with the required supporting information and verification documents for determination of eligibility to purchase a unit in a new for-sale affordable development, on a form approved by the corporation. "Application for relief" means an application to the corporation by a party seeking relief under this chapter. "Assets" means total cash, securities, and real 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. 308-6 / "Co-applicant" means a person who submits an application to purchase an affordable unit with the applicant and who is: (1) Not married to an applicant, is of the age of majority, unrelated to the applicant, and intends to reside in the unit; or (2) Related to an applicant by blood, marriage, or operation of law, including foster children and hanai children, is of the age of majority, and wishes to be on title of the affordable unit. "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. "Domicile" means the state where a person has his or her true, fixed, and permanent home and to where the person has the intention of returning whenever the person is absent. A person may have only one domicile. 308-7 "Co-applicant" means a person who submits an application to purchase an affordable unit with the applicant and who is: ( 1 ) Not married to an applicant, is of the age of majority, unrelated to the applicant, and intends to reside in the unit; or (2) Related to an applicant by blood, marriage, or operation of law, including foster children and hanai children, is of the age of majority, and wishes to be on title of the affordable unit. "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. "Domicile" means the state where a person has his or her true, fixed, and permanent home and to where the person has the intention of returning whenever the person is absent. A person may have only one domicile. 308-7 "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 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 15-308-24 of this chapter. "Eligible purchaser" means a first-time homebuyer or qualified resident who demonstrates need for assistance in obtaining housing, and who meets the requirements of section 15-308-22 for the project for which an application is submitted. "Fair market value" means the unencumbered fair market value of a property that has no State or county restrictions attached thereto, as determined by a real estate appraiser licensed or certified to practice in the State of Hawaii subject to the requirements of section 466K-4, HRS. "First-time homebuyer" means a qualified resident who has not owned any unit anywhere for a period of one year prior to the date of application for a lower cost housing unit. "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. 308-8 "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 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 15-308-24 of this chapter. "Eligible purchaser" means a first-time homebuyer or qualified resident who demonstrates need for assistance in obtaining housing, and who meets the requirements of section 15-308-22 for the project for which an application is submitted. "Fair market value" means the unencumbered fair market value of a property that has no State or county restrictions attached thereto, as determined by a real estate appraiser licensed or certified to practice in the State of Hawaii subject to the requirements of section 466K-4, HRS. "First-time homebuyer" means a qualified resident who has not owned any unit anywhere for a period of one year prior to the date of application for a lower cost housing unit. "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. 308-8
 "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. "Gross household income" means the total amount of income of household members, from all sources before deductions including all income for household members eighteen years of age and older who are currently residing in the household, or who will physically reside in the dwelling unit to be purchased. "Guaranteed loan" means a loan that is guaranteed or as to which a commitment to guarantee has been made under the provisions of a federal or state law. "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 adequate 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 308-9 "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. "Gross household income" means the total amount of income of household members, from all sources before deductions including all income for household members eighteen years of age and older who are currently residing in the household, or who will physically reside in the dwelling unit to be purchased. "Guaranteed loan" means a loan that is guaranteed or as to which a commitment to guarantee has been made under the provisions of a federal or state law. "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 adequate 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 308-9 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. "Household member" means a person who is a co- applicant or will reside in the dwelling unit. "Household size" means the total number of household members residing, or that will be legally residing, in a dwelling unit. For purposes of calculating household size, a person who is pregnant shall count as two household members. "HRS" means the Hawaii Revised Statutes. "HUD" means the United States Department of Housing and Urban Development. "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. "Initial public offering" means the date when the project is authorized for release to the general public and applications are made available for distribution and acceptance. "Lower cost housing", in the context of identifying the persons or families intended to be 308-10 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. "Household member" means a person who is a co­ applicant or will reside in the dwelling unit. "Household size" means the total number of household members residing, or that will be legally residing, in a dwelling unit. For purposes of calculating household size, a person who is pregnant shall count as two household members. "HRS" means the Hawaii Revised Statutes. "HUD" means the United States Department of Housing and Urban Development. "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. "Initial public offering" means the date when the project is authorized for release to the general public and applications are made available for distribution and acceptance. "Lower cost housing", in the context of identifying the persons or families intended to be 308-10 L :  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 this chapter, 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. "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. "Mortgagee" means any bank or other institution authorized by federal or state law to make loans on dwelling units or the authorized assignee of such bank, or institution. 1, "Ownen" means the owner of a dwelling unit. "Pers;on with a disability" means a person having '; , 1 a physicaJ,,or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment. Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, and working. 308-11 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 this chapter, 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. "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. "Mortgagee" means any bank or other institution authorized by federal or state law to make loans on dwelling units or the authorized assignee of such bank or institution. "Ownen" means the owner of a dwelling unit. "Person with a disability" means a person having a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an r 1 impairment. Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, and working. 308-11 3 I "Plans and specifications" includes construction plans and specifications and any other document 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, HRS. "Qualified nonprofit housing trust" means a corporation; association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501 (c) (3) of the Internal Revenue Code of 1986, as amended; has the capacity, resources, and mission to carry out the purposes of this chapter; and has been determined by the corporation to operate a homeownership program that: (1) Provides homeownership opportunities to first~time homebuyers; and (2) Imposes an owner-occupancy restriction on the homebuyers with a minimum term of ten years. A "qualified nonprofit housing trust" shall be determined to have the capacity, resources, and mission to carry out the purposes of the chapter when it is determined, in the corporation's sole discretion, that it: 308-12 "Plans and specifications" includes construction plans and specifications and any other document 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, HRS. "Qualified nonprofit housing trust" means a corporation, association, or other duly chartered organization that is registered and in good standing with the State; is recognized by the Internal Revenue Service as a charitable or otherwise tax-exempt organization under section 501 (c) (3) of the Internal Revenue Code of 1986, as amended; has the capacity, resources, and mission to carry out the purposes of this chapter; and has been determined by the corporation to operate a homeownership program that: (1) Provides homeownership opportunities to first-time homebuyers; and (2) Imposes an owner-occupancy restriction on the homebuyers with a minimum term of ten years. A "qualified nonprofit housing trust" shall be determined to have the capacity, resources, and mission to carry out the purposes of the chapter when it is determined, in the corporation's sole discretion, that it: 308-12 I fl (1) Demonstrates efficient financial capacity and ability to exercise the corporation's repurchase rights in a timely fashion; (2) Demonstrates the ability to comply with the requirements set forth in subchapter 5, infra; and (3) Agrees to comply with all applicable requirements set forth in subchapter 5 of this chapter. "Qualified resident" means the same as defined under section 201H-32, HRS. "Rules" means these rules. "Sponsored" includes, but is not limited to, the provision of a loan and exemptions pursuant to section 201H-38, HRS. "Sponsored project" means a housing project benefitting from various programs administered by the corporation including, but not limited to, a loan and exemptions pursuant to section 201H-38, HRS. "State" means the State of Hawaii. "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. "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. [Eff 1/15/22; am and comp C 1 0 (Auth: HRS §§201H-4, 201H-40, 201H-41, 201H-42, 201H-45, 201H-47, 201H-51) (Imp: HRS §§201H-1, 201H-4, 201H-8, 201H-40, 201H-41, 201H-42, 201H-44, 201H-45, 201H-47, 201H-51) I l .. I