Haw. Code R. § 17-2015-2

Current through April, 2024
Section 17-2015-2 - Definitions

Unless otherwise clear from the context or unless further defined in this chapter, the definition of "Lease," and "Lot," in section 516-1, and definitions in chapter 519, HRS, shall apply to this chapter. In addition, as used in this chapter:

"Advance deposit" means an amount determined by the corporation, which shall be paid in advance and is to be applied to expenses and fees of the corporation or its designee for arbitration proceedings.

"AAA" means the American Arbitration Association, a private, public service, not-for profit organization offering dispute settlement services in a variety of industries and businesses.

"Corporation" means the housing and community development corporation of Hawaii created under chapter 201G, Hawaii Revised Statutes.

"Executive Director" means the executive director of the corporation or the executive director's designated representative.

"Group of lessees" means more than one lessee having leasehold interests in separate residential lots within the same development tract or cooperative housing corporation.

"Group of lessors" means more than one lessor having fee ownership interest of residential lots in the same development tract or fee ownership interest in the land leased to a cooperative housing corporation.

"Party" means a lessee or group of lessees or a lessor or a group of lessors.

"Per diem rate" means the dairy rate which may be paid to an arbitrator for professional services in conducting arbitration proceedings for renegotiation of lease rent cases. The arbitration proceedings include services such as, but are not limited to, prehearing conferences, hearings, study of the positions and presentations of the parties, providing meeting facilities, field inspections of real property site(s), typing, reproduction, and preparation of award. Not included as part of the per diem rate are costs associated with neighbor island travel (air and ground transportation and lodging where appropriate) plus costs of travel locally by automobile to points in excess of thirty minutes from an arbitrator's office. Engagement in the performance of any tasks of the arbitration proceedings process for a period of more than six hours in a single day qualifies for the full per diem rate and performance of those tasks in a single day totaling less than two hours qualifies for one-fourth of the per diem rate, two hours of more but less than four hours qualifies for one-half of the per diem rate, and four hours or more qualifies for three-fourths of the per diem rate.

"Renegotiations" means deliberations between a lessee and lessor for determining a new lease rent at the time the lease is reopened as provided in chapter 519.

Haw. Code R. § 17-2015-2

[Eff NOV 15 2004] (Auth: HRS § 201G-4) (Imp: HRS §§ 519-1, 519-2, 519-3)