Haw. Code R. § 15-193-2
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 annual income" means net earned income plus unearned income.
"Alien" means any person not a citizen of the United States but is allowed under federal law, to reside in the United States.
"Annual income" means earned and unearned 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 the employment income of a minor or 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" means total cash, securities, real and personal property less any outstanding liabilities secured by the assets. Assets do not include necessary personal property such as clothing, household furniture, automobiles and eligible individual development accounts, including any earned interest, which are established pursuant to chapter 257, Hawaii Revised Statutes.
"Bottom of the waiting list" means denying an applicant the benefit of all placement tenant selection preferences and priorities, as prescribed in this chapter, for a period of twelve months and establishing a new date and time for placement on the waiting list based on the date and time the unit offer was rejected.
"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. 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 more suitable housing conditions. "Displaced" means a family who is lawfully residing on real property and is required to move from the real property as a result of the acquisition or imminence of acquisition of such real property, in whole or in part, by some public or governmental action. "Displaced" also includes the foregoing movements from real property by any family or person lawfully residing on real property who is required to move from the real property as a result of code enforcement activities.
"Dwelling unit" means a residential unit in a housing project.
"Earned income" means cash received or available to be received by the family that require some part of the family to produce. Earned income includes, but is not limited to, wages; tips; dismissal and severance pay; wages received from any on-the-job training program; wages received from funds under the job training partnership act (JTPA); public service employment (PSE); royalties; jury duty income excluding reimbursement for transportation and meals; basic allowance for quarters and entitlements paid to military personnel; and self-employment earned income.
"Elderly" means a family whose head or spouse has attained the age of sixty-two"
"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 need and may, but need not be, related by blood, marriage, or operation of law, including foster children and hanai children and whose head of household has reached the age of majority, or is otherwise legally emancipated; or
(2) A person who is pregnant or in the process of securing legal custody of a minor child or children, and who has reached the age of majority or is otherwise emancipated; or
(3) A remaining member of a tenant family who is recorded on the current list of household members authorized to occupy the dwelling unit and who has reached the age of majority or is otherwise legally emancipated.
"Foster children" means a person or persons, under eighteen years of age who is not related to the foster parent by blood, marriage, or adoption and who is in need of parenting care.
"Foster parent" means any adult person who gives parenting care and maintenance to a foster child pursuant to placement by an authorized agency.
"Hanai children" means a person or persons, under eighteen years of age, for whom a tenant provides food, nourishment and support for a minimum period of at least a year and who is acknowledged as the tenant's child among friends, relatives and the community.
"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.
"Individual development account" means an optional, interest-bearing, subsidized, tax-benefited account established pursuant to chapter 257, HRS and used exclusively for the purpose of paying the qualified expenditure of an eligible individual as determined by the fiduciary organization.
"Low income family " means a family whose income does not exceed eighty per cent of the median income as determined by the method set forth in exhibit A, which is incorporated by reference and attached.
"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; 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 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.
"Self-employment income" is determined by deducting from the amount received from the sale of goods or services, those expenses directly related to producing the goods or services.
(1) Items such as depreciation, personal business, and entertainment expenses, personal transportation, purchase of capital equipment, and payments on the principal of loans for capital assets or durable goods shall not be deducted as business expenses. Personal expenses such as lunches and transportation to and from work shall not be deducted as business expenses.
(2) A business expense shall be an allowable deduction from earned income only if verified.
(3) A self-employed person shall:
(a) Not be able to be discharged from the person's job by someone else;
(b) Report income to the Internal Revenue Service and the State of Hawaii as a self-employed person;
(c) Meet social security requirements as a self-employed person and shall pay the employer's and the employee's share of social security taxes;
(4) Not be considered to be an employee of an agency or organization; and
(5) Be licensed by the State to operate a business.
"Staff" means the employees or agents of the corporation.
"State-aided family public housing projects" means the housing projects of Hauiki, Puahala, Lokahi, Palolo I and II, Kawailehua (State), Ka Hale Mua (State), and Ke Kurnu Elua which are owned by the corporation.
"Tenant" means the person or persons who enter into a rental agreement with the corporation for a dwelling unit.
"Unearned income" means cash received or available to be received by the family that is not classified as earned income. Unearned income includes, but is not limited to, social security benefits; veteran's benefits; pension and retirement benefits; unemployment insurance benefits; supplemental security income; worker's compensation, benefits and temporary disability-insurance benefits; strike benefits; money received to settle any insurance, legal or inheritance claim; alimony; child support payments; regular cash contribution and any in-kind contribution benefits.
"U.S.C." means the United States Code.
"Very low-income family" means a family whose income does not exceed fifty per cent of the median income as determined by the method set forth in exhibit A, which is incorporated by reference and attached.
"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 II and who has been discharged or released there from under conditions other than dishonorable. The term "veteran" includes Filipino World War II 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 II veterans must have: served at any time between September 1, 1939, and December 31, 1946; been born in- the Philippines; and resided in the Philippines prior to the military service.
Haw. Code R. § 15-193-2