Haw. Code R. § 15-185-3
As used in this chapter:
"Adjusted income" means 'annual income" minus any HUD allowable expenses and deductions as defined in 24 C.F.R. 55.611, which is incorporated by reference and attached as exhibit A.
"Annual income" means the gross amount of income anticipated to be received by the family during the twelve months 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 defined in 24 C.F.B. 55.609, which is incorporated by reference and attached as exhibit B.
"Applicant" means an individual or family that submits 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 as defined in 24 C.F.R. 55.603, which is incorporated by reference and attached as exhibit C.
"Board" means the board of directors of the housing and community development corporation of ' Hawaii.
"Certificate" means a document issued by the corporation to a family selected for admission to the certificate program.
"C.F.R." means the United States Code of Federal Regulations.
"Community wide" means inclusive of any location that is under the jurisdiction of the corporation.
"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 rent payable to the owner of a dwelling unit through a housing assistance payments contract.
"Corporation" means the housing and community development corporation of Hawaii, the successor to the Hawaii housing authority.
"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."
"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 the actual or threatened physical violence directed against a family member by a spouse or other household member who lives in the unit with the family.
"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 tho program.
"Executive director" means the executive director of the corporation or the executive director's designated representative.
"Extremely low income family" means a family whose annual income does not exceed thirty per cent of the median income for the area, with adjustments for smaller and larger families, except that income ceilings higher or lower than thirty per cent of the median income for the area may be established if 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:
(1) Two or more persons who live or intend to live together as a unit 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 and hanai children;
(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.
"Family self sufficiency program' or "FSS program" means the program establish by the corporation in accordance with 24 C.F.R. Part 984 to promote self-sufficiency of assisted families, including the coordination of supportive services.
"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, for whom an applicant or participant provides food, nourishment and support for a minimum period of at least a year or has been recognized in the household for support by the Department of Human Services and who is acknowledged as the applicant's or participant's child among friends, relatives and the community.
"HAP" means the monthly housing assistance payment by the corporation as defined in 24 C.F.R. 9982.4 which includes:
(1) A payment to the owner 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.
"HAP contract" means housing assistance payments contract.
"HRS" means Hawaii Revised Statutes.
"Housing quality standards" means the HUD minimum quality standards for housing assisted under the tenant-based programs.
"HUD" means the United States Department of Housing and Urban Development.
"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 of determining rent.
"Involuntarily displaced" means an applicant who has vacated or may have to vacate the unit where the applicant lives because of one or more of the following:
(1) Displacement by disaster;
(2) Displacement by governmental action; or
(3) Displacement by action of housing owner for reasons beyond the applicant's control and despite the applicant meeting all previously imposed conditions of occupancy. The action
(4) taken by the owner is for reasons other than rent increase.
"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; and
(3) Would not be living in the unit except to provide the necessary support services.
"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.
"Portability" means the right to receive Section 8 tenant-based assistance outside of the jurisdiction of the initial public housing agency.
"Program" means the tenant-based Section 8 rental certificate and voucher programs.
"Resident" means a United States citizen or a permanent United States resident who is able to demonstrate his or her intent to reside in Hawaii. Intent to reside in Hawaii shall 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 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.
"Security deposit" means the deposit required by an owner from a participant as defined in the Residential Landlord-Tenant Code, § 521-44, HRS.
"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.
"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 illegal criminal activity that has one of its elements the use, attempted use, or threatened use of physical force against the person or property of another.
"Voucher" means a document issued by the corporation to a family selected for admission to the voucher program.
"Voucher holder'' means an applicant who has a valid voucher but an approved lease.
Haw. Code R. § 15-185-3