Haw. Code R. § 17-526-2

Current through September, 2024
Section 17-526-2 - Definitions

As used in this chapter:

"Administrator" means the executive director employed V by the authority or his designated representative.

"Assets" means total cash/ securities/ real and personal property less any outstanding liabilities secured by assets.

"Bona fide resident" means a citizen of the United States or an alien who has established residency and who now resides in the State. (Permanent resident aliens must submit a copy of their alien registration receipt form 1-151.) If there is a question regarding the residence status an applicant, it is the applicant's responsibility to provide documentary evidence of residency. Such documentary evidence may be in the form of, but not limited to, State income tax returns and voter registration receipt.

"Contract rent" means the rent charged a tenant for the use of the dwelling accommodation and equipment (such as ranges and refrigerators but not including furniture), services, and reasonable amounts of utilities determined in accordance with the authority's schedule of allowances for utility consumption or other miscellaneous charges.

"Designated geographic area" means that specific area determined by the director for an elderly housing study. It may encompass the whole State, a county, or section of a county.

"Displaced family" means a person or a family displaced by governmental action, or whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to federal or state disaster relief laws, A "displaced family" is one that is without housing, about to be without housing within three years prior to making application to the authority for admission to any housing program, and their displacement resulted from some public or governmental action such as:

(1) Displacement by any low-rent housing project;

(2) Displacement by any public slum clearance redevelopment or urban renewal project;

(3) Displacement through action of a public body or court, either through the enforcement of housing standards or through the demolition, closing or improvement of dwelling units;

(4) Displacement through any other governmental action for public improvement purposes; and

(5) Displacement through the exercise of the powers of eminent domain by a public utility.

"Elderly family" means a family whose head or spouse or whose sole member is at least sixty two years of age, or handicapped as defined in this section, and may include two or more elderly, disabled or handicapped persons living with another person who is determined to be essential to his or her care and well-being.

"Gross income" means "total family income" as defined in § 17-525-2.

"Handicapped person" means a person having an impairment which:

(1) Is expected to be of long-continued and indefinite duration;

(2) Substantially impedes his ability to live independently; and

(3) Is of such a nature that such disability could be improved by more suitable housing conditions.

"Head of the household" means the family member who is held responsible and accountable for the family.

"Rent" means contract rent plus the authority's estimate of the cost to the tenant of reasonable quantities of utilities determined in accordance with the authority's schedule of allowances for such utilities, where such utilities are purchased by the tenant and not included in the contract rent.

"Rental" means a dwelling unit developed in accordance with chapter 359, HRS, which is owned and operated by the authority and rented to qualified applicants at a rent established by the authority.

"Security deposit" means a deposit required of each tenant prior to., admission for covering loss of removable property (reasonable wear and tear expected) and nonpayment of rent.

"Substantial gainful activity" means service performed by an individual for monetary remuneration or other remuneration of value in return.

"Utilities" means water, electricity, gas, other heating, refrigeration and cooking fuels, trash collection and sewerage services. Telephone service is not included as a utility.

Haw. Code R. § 17-526-2

[Eff: OCT 05 1981] (Auth: HRS § 359-54) (Imp: HRS § 359-54)