Haw. Code R. § 15-186-2

Current through November, 2024
Section 15-186-2 - Definitions

As used in these rules, except otherwise required by context:

"Accessible dwelling unit" means an apartment which is located on an accessible route and when designed, constructed, altered, or adapted can be approached, entered, and used by individuals with physical disabilities or an apartment which meets the requirements of applicable standards that address the particular disability or impairment of an individual.

"Adjusted income" means annual income less the following deductions:

(a) For any elderly family that has no disability assistance expenses, an allowance for medical expenses equal to the amount by which the medical expenses exceed three percent of annual income;

(b) For an elderly family that has disability assistance expenses greater than or equal to three percent of annual income, an allowance for disability assistance expenses computed in accordance with paragraph (c) of this section, plus an allowance for medical expenses that is equal to the family's medical expenses; or

(c) For an elderly family that has disability assistance expenses that are less than three percent of annual income, an allowance for combined disability assistance expenses and medical expenses that is equal to the amount by which the sum of these expenses exceeds three percent of annual income.

"Annual income" means all income from any source before deductions or exemptions, anticipated to be received during the twelve month period following admission or redetermination of annual income, as the case may be, by all persons occupying, or who are temporarily separated from the household. Annual income does not include amounts specifically paid to the household for or in reimbursement of the cost of medical expenses for any household member.

"Applicant" means a person or a family that has applied for housing assistance.

"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. The value of necessary items of personal property such as furniture and automobiles shall be excluded. In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the value of the trust fund will not be considered an asset so long as the fund continues to be held in trust. Any income distributed from the trust fund shall be counted when determining annual income.

"Corporation" means the housing and community development corporation of Hawaii.

"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. The term does not include current illegal use or addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety of others.

"Dwelling unit" means a residential unit in a housing project.

"Elder" or "elderly" means a person who is a resident of the State and has attained the age of sixty-two years.

"Elder or elderly household" means a household in which at least one member is sixty-two years of age, the spouse or partner has attained the age of majority, and the remaining members have attained the age of fifty-five years at the time of application to the project. A live-in aide shall cease to be a resident therein upon the recovery of, or removal from the project of, the elder.

"Elder or elderly housing" means:

(1) A housing project intended for and occupied by elder or elderly households; or

(2) Housing provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elder or elderly persons, or if the Secretary makes a determination, the project may also be occupied by persons with disabilities who have reached the age of majority.

"Housing projects" means those rental projects owned and operated or both, by the corporation.

"HRS" means the Hawaii Revised Statutes.

"HUD" means the United States Department of Housing and Urban Development.

"Live-in aide" means a person who:

(1) Is eighteen years of age or older;

(2) Is living in the unit solely to assist the elder or elderly person in daily living activities including bathing, meal preparation and delivery, medicinal care, transportation, and physical activities;

(3) Is not legally obligated to support the elder or elderly person; and

(4) Is verified by the corporation as meeting these requirements.

"Refusal of an offer" means an applicant declines an offer made by the corporation for a specific unit from any waiting list or an applicant's failure to respond to a written offer from the corporation for a specific unit within the time specified in the offer.

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

"Rental agreement" means the agreement containing the conditions of occupancy entered into by the tenant and corporation.

"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 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; records of employment in Hawaii; military records substantiating Hawaii residency; 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 a deposit required of each tenant prior to admission for the cost of loss or damage of the corporation's property (responsible wear and tear excepted) and non-payment of rent.

"Staff" means the employees or agents of the corporation.

"State-aided elderly public housing projects" means the elderly housing projects which are owned by the corporation including Hale Poai, Laiola, Kamalu, Hoolulu, and Halia Hale.

"Tenant" means the person or persons who enter into a rental agreement with the corporation for a dwelling unit.

"U.S.C." means the United States Code.

"Veteran" means any person who has served in any of the armed services of the United States, or any person who is now a citizen of the United States who has served in any of the armed services of any country which was an ally of the United States in any war or campaign in which the United States was also engaged in. "Veteran" includes any person who served in the military or naval forces of the United States during World War 11 and who has been discharged or released therefrom under conditions other than dishonorable. The term "veteran" includes Filipino World War 11 veterans who served honorably in an active duty status under the command of the United States Armed Forces in the Far East (USAFFE), or within the Philippine Army, the Philippine Scouts, or recognized guerilla units. The Filipino World War 11 veterans must have: served at any time between September 1, 1869, and December 31, 1946; been born in the Philippines; and resided in the Philippines prior to the military service.

Haw. Code R. § 15-186-2

[Eff DEC 01 2003] (Auth: HRS §§ 201G-4, 201G-41) (Imp: HRS §§ 201G-4, 201G-32)