Haw. Code R. § 17-534-2

Current through September, 2024
Section 17-534-2 - Definitions

As used in this chapter:

"Adjusted income" means income as defined by 24 C.F.R. §813.102 and set forth in Exhibit A, dated 4/1/92, located at the end of this chapter.

"Annual Income" means income as defined by 24 C.F.R. §813.106 and set forth in Exhibit A, dated 4/1/92, located at the end of this chapter.

"Applicant" means a homeless family or homeless individual who submits an application to participate as a tenant in the program.

"Assets" means the 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.

"Authority" means the Hawaii housing authority, a public body and body corporate and politic of the State of Hawaii.

"Building" means the same as constructing.

"C.F.R." means the U.S. Code of Federal Regulations.

"Chairperson" means the duly selected chair of the authority or designated representative.

"Constructing" means building a new dwelling unit to be used as a rental unit.

"Coordinator" means the state homeless programs coordinator appointed by the executive director of the authority to develop and implement the program.

"Dwelling unit" means a house, apartment or group of rooms, intended for residential occupancy as separate living quarters with each unit having direct access from either the outside of the building or through a common hall and each unit being equipped with a kitchen and bathroom facilities for the exclusive use of the occupant.

"Executive director" means the executive director of the Hawaii housing authority or the designated representative.

"Fair monthly rent" means the maximum rent which may be charged by an owner for a rental unit.

"Family" means a group of persons regularly living together consisting of two or more persons related by blood, marriage, or adoption and including foster children and hanai children with at least one dependent person under eighteen years of age.

"Hanai children" means a person or persons, under eighteen years of age, for whom an applicant or tenant has provided food, nourishment, and support for a minimum period of at least a year prior to the time of application and who is acknowledged as the applicant's or tenant's child among friends, relatives, and the community.

"Homeless" means the following:

(1) An individual or family who lacks a fixed, regular, and adequate nighttime residence; or

(2) An individual or family who has a primary nighttime residence that is:

(A) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or

(B) An institution that provides temporary residence for individuals intended to be institutionalized; or

(C) A public or private place not designed for or ordinarily used as sleeping accommodations for human beings.

"Homeless assistance unit" means the same as rental unit.

"Improving" means the same as renovating.

"Monthly adjusted income" means income as defined by 24 C.F.R. §813.102 and set forth in Exhibit A, dated 4/1/92, and located at the end of this chapter.

"Owner" means the owner of a dwelling unit that is in existence or will be constructed or renovated and may include the agent of the owner of a dwelling unit.

"Program" means the state homeless hale kokua program administered by the Hawaii housing authority.

"Provider agency" means an organization, including the board and officers and any employees, contractor, or agents that is:

(1) A profit organization incorporated under the laws of the State or a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax; or

(2) A nonprofit organization, with a governing board whose members have no material conflict of interest and serve without compensation with bylaws or policies that describe the manner in which business is conducted and policies that relate to nepotism and management of potential conflict of interest situations.

"Renovating" means improving an existing structure so that such structure will meet the requirements of a dwelling unit and will be used as a rental unit.

"Rent" means the monthly charge to a tenant for use of a rental unit.

"Rental unit" means a dwelling unit that is available to be rented by a tenant in the program.

"Respondent" means the party against whom a petition is filed, the party against whom relief is sought or, any party who contests or controverts a proceeding.

"State" means the State of Hawaii.

"Tenant" means an eligible homeless family or homeless individual who is participating in the program.

Haw. Code R. § 17-534-2

[Eff JUN 30 1994] (Auth: SLH 1992, Act 279, §3(12)) (Imp: SLH 1992, Act 279, §2)