Haw. Code R. § 17-2040-3
As used in this chapter:
"Adjusted income" means "annual income" of the members of the family residing or intending to reside in the dwelling unit minus any HUD allowable expenses and deductions as defined in 24 C.F.R. § 5.611.
"Annual income" means the gross amount of income anticipated to be received by the family during the twelve months or go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member after certification or recertification. Gross income is the amount of income prior to any HUD allowable expenses or deductions and does not include income which has been excluded by HUD, as set forth in 24 C.F.R. § 5.609.
"Applicant" means an individual or family that the Continuum of Care or other referral agency has referred as an application for admission to the program but is not yet a participant in the program.
"Assets" or "net family assets" means 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, excluding interests in Indian trust land and excluding equity accounts in HUD homeownership programs as defined in 24 C.F.R. § 5.603. The value of necessary items of personal property such as furniture and automobiles shall be excluded.
"At risk of homelessness" means
(a) an individual or family who:
(1) Has an annual income below thirty percent of median family income for the area, as determined by HUD;
(2) Does not have sufficient resources or support networks, e.g., family, friends, faith-based or other social networks, immediately available to prevent them from moving to an emergency shelter or another place described in paragraph (1) of the "Homeless" definition above; and
(3) Meets one of the following conditions:
(i) Has moved because of economic reasons two or more times during the sixty days immediately preceding the application for homelessness prevention assistance;
(ii) Is living in the home of another because of economic hardship;
(iii) Has been notified in writing that their right to occupy their current housing or living situation will be terminated within twenty one days of the date of application for assistance;
(4) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, State, or local government programs for low-income individuals;
(5) Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the U.S. Census Bureau;
(6) Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth facility, or correction program or institution); or
(7) Otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness, as identified in the recipient's approved consolidated plan.
(b) A child or youth who does not qualify as "homeless" under this section, but qualifies as "homeless" under section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)) , section 637(11) of the Head Start Act (42 U.S.C. 9832(11)) , section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)) , section 330 (h) (5) (A) of the Public Heal th Service Act (42 U.S.C. 254b(h) (5) (A)) , section 3(m) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(m)) , or section 17 (b) (15) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b) (15)); or
(c) A child or youth who does not qualify as "homeless" under this section, but qualifies as "homeless" under section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) , and the parent(s) or guardian(s) of that child or youth if living with her or him. "Authority" means the Hawaii public housing authority.
"Board" means the board of directors of the Hawaii public housing authority.
"C.F.R." means the United States Code of Federal Regulations.
"Child" means a person who is born alive and is less than eighteen years of age.
"CoC" or "Continuum of Care" means the group organized to carry out the responsibilities required under 24 C.F.R. Part 578 for a geographic area and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith-based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extend these groups are represented within the geographic area and are available to participate.
"Community wide" means inclusive of any location that is under the jurisdiction of the authority.
"Continuously assisted" means that the applicant is currently receiving assistance under any program of the U.S. Housing Act of 1937, as amended, and there is no break in assistance to the family.
"Contract rent" means the total monthly rent payable to the owner or landlord under the lease for the dwelling unit.
"Covered families" means families who receive welfare assistance or other public assistance benefits ("welfare benefits") from a State or other public agency ("welfare agency") under a program for which federal, State, or local law requires that a member of the family must participate in an economic self-sufficiency program as a condition for such assistance.
"Criminal activity" means any conduct that is prohibited by any criminal laws, whether federal, state or county, regardless of whether there has been an arrest or conviction and without satisfying the standard of proof for a criminal conviction.
"Dating violence" means violence committed by a person:
(a) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(b) Where the existence of such a relationship shall be determined based on a consideration of the following factors:
(1) The length of the relationship;
(2) The type of relationship; and
(3) The frequency of interaction between the person involved in the relationship.
"Designated partner referral agency" means the Continuum of Care or any alternative referral partner agency designated to refer eligible applicants to the authority through a Memorandum of Agreement.
"Disability" means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment, including persons who have human immunodeficiency virus (HIV) or AIDs. The term does not include current illegal use or addition to a controlled substance or alcohol or drug abuse that threatens the property or safety of others. Disabled individual or family includes:
(1) A single individual who or a family whose head or spouse is unable to engage in any substantial, gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in indefinite duration; or
(2) A single individual who or a family whose head or spouse has a physical impairment which is expected to be of long, continued and indefinite duration and which substantially impedes the ability to live independently, and which is of a nature that the ability could be improved by suitable housing conditions.
"Disabled family" means a family whose head, spouse, or sole member is a person with disabilities; or two or more persons with disabilities living together; or one or more persons with disabilities living with one or more live-in aides.
"Domestic violence" means felony or misdemeanor crimes of violence committed by:
(a) A current or former spouse or intimate partner of the victim (the term 'spouse or intimate partner of the victim" includes a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship);
(b) A person with whom the victim shares a child in common;
(c) A person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner;
(d) A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies; or
(e) Any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
"Domiciled" means physically residing in the unit with intent to remain.
"Drug related criminal activity" means the manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use a controlled substance as defined in 21 U.S.C. 802 and which activity is conducted on or near the premises of the assisted dwelling unit.
"Dwelling unit" means a residential unit accepted for lease in the program.
"Economic self-sufficiency program" means any program designed to encourage, assist, train, or facilitate the economic independence of HUD-assisted families or to provide work for such families.
"Elderly" or "elderly family" means a family whose head, spouse, or sole member is a person who is at least sixty-two years of age; or two or more persons who are at least sixty-two years of age living together; or one or more persons who are at least sixty-two years of age living with one or more live-in aides.
"Eligible family" means a family that meets the qualifications and requirements of the program.
"Extremely low income family" means a very low-income family whose annual income does not exceed the higher of: (1) The poverty guidelines established by the Department of Health and Human Services applicable to the family of the size involved (except in the case of families living in Puerto Rico or any other territory or possession of the United States); or (2) Thirty (30) percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 30 percent of the area median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes.
"Fair market rent" or "FMR" means the rent including the cost of utilities (except telephone or cable television), as established by HUD for units of varying sizes (by number of bedrooms), that must be paid in the housing market area to rent privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities.
"Family" means regardless of actual or perceived sexual orientation, gender identity or expression, or marital status:
(1) Two or more persons who live or intend to live together and whose income and resources are available to meet the family's needs and who may be related by blood, marriage, or operation of law and whose head of family has reached the age of majority. Family may include foster children, hanai children, or a minor child or children where a family member is in the process of security legal custody of the minor and the minor is domiciled with the family;
(2) An elderly family;
(3) A disabled family;
(4) A displaced family;
(5) The remaining member of a tenant family who is recorded as an authorized occupant on the current list of household members and who has reached the age of majority; or
(6) A single person who is not an elderly or displaced person, or a person with disabilities, or the remaining member of a tenant family.
"Foster child" or "Foster children" means a person or persons under eighteen years of age who is or are provided foster care by a foster parent pursuant to Chapter 587A, HRS.
"Foster parent" means any adult person licensed by the department of human services or another authorized agency to provide foster care services for a child or children under Chapter 587A, HRS.
"Gender identity or expression" includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.
"Gross rent" means the contract rent plus allowances for utilities and other services.
"Hanai children" means a person or persons, under eighteen years of age, who is or who are taken permanently to reside, be educated, and reared by someone other than the natural parents, traditionally a grandparent, or other relative, with the written or unwritten permission of the legal parent.
"HAP" or "housing assistance payment" means the monthly housing assistance payment by the authority as defined in 24 C.F.R. § 982.4 which includes:
(1) A payment to the owner or landlord for rent under the family's lease and
(2) Any additional payment to the family if the total assistance payment exceeds the rent to the owner or landlord.
"HAP contract" means housing assistance payments contract.
"HRS" means Hawaii Revised Statutes.
"Homeless" means (a) an individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(1) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned buildings, bus or train station, airport, or camping ground;
(2) An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, State, or local government programs for low-income individuals); or
(3) 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 place not meant for human habitation immediately before entering that institution.
(b) An individual or family who will immediately lose their primary nighttime residence, provided that:
(1) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;
(2) No subsequent residence has been identified; and
(3) The individual or family lacks the resources or support networks, such as family, friends, faith-based or other social networks, needed to obtain other permanent housing;
(c) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who:
(1) are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a) , section 637 of the Head Start Act (42 U.S.C. 9832) , section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2) , section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)) , section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) , section 17(b) of the Child Nutrition Act of 1966 (4 U.S.C. 1786(b)) , or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (2) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance;
(3) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and
(4) Can be expected to continue in such status for an extended period of time because of chronic disabilities; chronic physical health or mental health conditions; substance addiction; histories of domestic violence or childhood abuse (including neglect); the presence of a child or youth with a disability; or two or more barriers to employment, which include the lack of a high school degree or general education development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment.
"Housing quality standards" means the HUD minimum quality standards for housing assisted under the HUD tenant-based rental assistance programs as defined in 24 C.F.R. § 982.401.
"HUD" means the United States Department of Housing and Urban Development.
"HUD Notice PIH 2021-15(HA)" means the notice issued on May 5, 2021 by the United States Department of Housing and Urban Development titled "Emergency Housing Vouchers - Operating Requirements" that implements the provisions in Section 3202 Emergency Housing Vouchers of the American Rescue Plan Act of 2021 ( Pub. L. No. 117-2).
"Human trafficking" means both sex and labor trafficking, as out lined in the Trafficking Victims Protection Act of 2000, as amended.
"Imputed welfare income" means the amount of annual income not actually received by a family, as a result of a specified welfare benefit reduction, that is nonetheless included in the family's annual income for purposes of determining rent.
"Labor trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
"Landlord" means either the owner of the property or his or her representative or the managing agent or his or her representative, as shall be designated by the owner.
"Live-in aide" means a person who resides with one or more elderly persons, or near elderly persons, or persons with disabilities, and who:
(1) Is determined to be essential to the care and well-being of the persons;
(2) Is not obligated for the support of the persons;
(3) Would not be living in the unit except to provide the necessary support services;
(4) Is not a tenant; and
(5) Not withstanding any other rule, has no right of tenancy, continued occupancy of the unit, and is not a remaining member of the family or household member.
"Low income family" means "a family whose annual income does not exceed 80 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 80 percent of the median income for the area on the basis of HUD's findings that such variations are necessary because of unusually high or low family incomes."
"Near elderly" means a family whose head, spouse, or solo member is at least fifty years of age but below the age of sixty two.
"Owner" means any persons or entity having the legal right to lease or sublease a residential dwelling unit to a participant and includes, when applicable, a mortgagee.
"Participant" or "tenant" means a person or family that is receiving rental assistance in the program. Participation begins on the first day of the approved lease term.
"Payment standard" means the maximum monthly assistance payment for a family assisted in the voucher program before deducting the total tenant payment by the family.
"PHA" means public housing authority.
"Portability" means the right to receive emergency housing voucher assistance outside of the jurisdiction of the initial public housing agency.
"Program" means the emergency housing voucher program.
"Recently homeless" means an individual or family who has previously been classified by a member of the Coe as homeless but are not currently homeless as a result of homeless assistance, temporary rental assistance or some type of other assistance, and where the CoC or its designee determines that the loss of such assistance would result in a return to homelessness or the family having a high risk of housing instability. Examples of households that may be defined as recently homeless by the Coe include, but are not limited to, participants in rapid rehousing, and permanent supportive housing.
"Resident" means a United States citizen or national or an eligible immigrant under one of the categories set forth in 42 U.S.C. § 1436a(a), also known as "noncitizen", who is able to demonstrate his or her intent to reside in Hawaii. Under one of these categories, one eligible immigrant is an alien who is a lawful resident in the United States and its territories and possessions under section 141 of the Compacts of the Free Association between the Government of the Republic of the Marshall Islands, the Federal States of Micronesia (48 U.S.C. 1901 note), and the Republic of Palau (48 U.S.C. 931 note) while the applicable section is in effect, also known as "COFA" resident. Intent to reside in Hawaii may be demonstrated by the following: length of time spent in Hawaii; leasing or renting of a home in Hawaii; filing of personal Hawaii income tax returns; registering to vote in Hawaii; Hawaii driver's license; record of Hawaii motor vehicle registration; notification of hire to work in Hawaii; record of employment in Hawaii; military records substantiating Hawaii residency; record of Hawaii residency; enrollment of minor children in Hawaii schools; establishment of bank accounts and other accounts in Hawaii; written reference from Hawaii residents, relatives, or social agencies; and any other indicia which could substantiate a claim of an intent to reside in Hawaii.
"Security deposit" means the deposit required by an owner from a participant as defined in the Residential Landlord-Tenant Code, § 521-44, HRS.
"Sex trafficking" means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.
"Sexual assault" means any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
"Sexual orientation" means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of the preferences, or being identified with any one of more of these preferences. "Sexual orientation" shall not be construed to protect conduct otherwise proscribed by law.
"Stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
(a) Fear for the person's individual safety of others; or
(b) Suffer substantial emotional distress.
"Utility allowance" means the value of utilities such as electricity, gas, and water costs that are included in the gross rent of the participant. This does not include telephone or cable TV services.
"Very low income family" means "a family whose annual income does not exceed 50 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than 50 percent of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes."
"Veteran" means a person who has served in the active military or naval service of the United States at any time and who shall have been discharged or released from active service under conditions other than dishonorable.
"Violent criminal activity" means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage
"Voucher" means a document issued by the authority to a family selected for admission to the voucher program
"Voucher holder" means an applicant who has a valid voucher but not an approved lease.
Haw. Code R. § 17-2040-3