HAR §15-311-2. Definitions

Whenever used in this chapter, unless otherwise specifically defined: "Capacity building" means the process of increasing an organization's ability to achieve specific goals. Capacity building is often necessary when a non-profit community-based organization undertakes development activities for the first time. Costs associated with capacity building may include, but are not limited to, administrative and salary costs, rent, technical assistance, technical training, travel, literature, consultant fees, attorney's fees and other costs associated with drafting articles of incorporation, bylaws, and other legal documents; and reimbursement of other costs incurred by a non-profit organization in obtaining tax exempt status under Sections 501 (c) (2), (3), or (4) of the Internal Revenue Code of 1986, as amended. "Corporation" shall have the same meaning as in section 201H-l, Hawaii Revised Statutes. "Develop" or "development" means the planning, financing, acquisition of real and personal property, demolition of existing structure, 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. "Equity gap financing" means additional funds required to make a development project financially feasible, usually cash or subordinated debt used to fill the "gap" between available financing, available subsidies, and total development cost. "Executive director" means the executive director of the corporation or the executive director's designated representative. 311-3 §15-311-2 "Government" includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of the United States. "Government record" means information maintained by an agency in written, auditory, visual, electronic, or other physical form as defined in section 92F-3, HRS. "Governor" means the duly elected governor of the State of Hawaii whose office was created by Article V of the Constitution of the State of Hawaii . . "Grant" means funds given to a non-profit or governmental entity for the purpose of financing a qualified housing project located within the State of Hawaii, with no obligation to repay the monies. "Homeless person" means an individual who lacks a fixed, regular, and adequate nighttime residence; and an individual who has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, an institution that provides a temporary residence for individuals intended to be institutionalized, or a public or private place not designated for, or ordinarily used as, a regular accommodation for human beings. Homeless persons may include, but are not limited to, elders, substance abusers, the mentally ill, abused persons, youth runaways, single- and two-parent families, and others with special needs. "Housing", "housing project", or "project" means a plan, design, or undertaking 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. "HRS" means the Hawaii Revised Statutes. "Legislature" means the legislature of the State of Hawaii, which was created pursuant to Article III of the Constitution of the State of Hawaii. 311-4 I ;i §15-311-2 "Loan" means funds lent to a non-profit, governmental or for-profit entity for the purpose of financing a qualified housing project located in the State of Hawaii with the obligation to repay the funds according to specific terms and conditions as set by the corporation. "Lower cost housing" in the context of identifying the persons or families intended to be served by such housing, includes housing for lower income persons or families. "Lower income persons or families" includes those whose incomes are identified as one hundred per cent or less of the area median income. For the purposes of these rules, such persons or families include persons or families within the following income groups: (1) (2) Those earning sixty per cent of the area median income and below; and Those earning between sixty per cent and one hundred per cent of the area median income. "Median income" or "area median income" means the median income for each of the counties of Honolulu, Hawaii, Maui, and Kauai as determined by the United States Department of Housing and Urban Development from time to time, and as adjusted by family size. "Non-profit organization" means a corporation, association, or other duly chartered entity which is registered with the State, and which has received a written determination from the Internal Revenue Service that it is exempt under either section 501 (c} (3), section 501 (c) (4), or so much of section 501 (c) (2) as applies to title holding corporations that turn over their income to organizations that are exempt under either section 501 (c) (3) or 501 (c) (4), of the Internal Revenue Code of 1986, as amended. "Obligations" mean mortgages or other debt securities. 311-5 §15-311-2 "Predevelopment activities" means those housing- related activities which are attributable to a specific housing project. Costs associated with predevelopment activities must be allocable to a specific housing project and may include, but are not limited to, staff and administrative costs; rent; legal fees; preliminary site acquisition costs; consultant fees for preliminary studies, feasibility studies, planning, design, engineering, soils studies, and environmental studies. "Program" means the rental housing revolving fund program. "Program funds" means funds which are from the rental housing revolving fund. "Qualified housing project" means a rental housing project which complies with the requirements for funding set forth under this chapter. "Rental housing revolving fund" or "fund" means the fund which was established pursuant to section 201H-202, HRS. "Rules" means these rules. "Special needs" means social problems, age, or physical or mental disabilities which may impair a person's ability to live independently and for whom such ability can be improved by more suitable housing conditions. "Subordinate mortgage" means a mortgage which is stipulated to be junior or inferior to one or more other mortgages. The subordinate mortgage may allow that, with the consent of the corporation, the mortgagor can refinance the mortgagor's property with a new first mortgage and still remain in a subordinate position. [Eff 4/23/10; am and comp JAN 1 5 2022 ] (Auth: HRS §201H-202) (Imp: HRS §201H-202)