Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Hawaii Public Housing Authority
Chapter HPHA-RS - SPECIAL RENT SUPPLEMENT PROGRAM EMERGENCY RULES
Subchapter 1 - GENERAL PROVISIONS
Section HPHA-RS-2 - Definitions
As used in this chapter:
"Applicant" means an individual or family who resides in a homeless emergency shelter or homeless transitional shelter and who submits an application to participate in the program but is not yet a participant in the program.
"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 and automobiles.
"Authority" means the Hawaii public housing authority.
"Criminal activity" means conduct constituting a criminal violation of federal law, HRS, or local ordinances regardless of whether there has been an arrest or conviction for such activity and without satisfying the standard of proof for a criminal conviction.
"Displaced" means a family or elderly individual who is without housing, about to be without housing or was without housing within three years prior to applying for housing assistance and was displaced by some public or governmental action.
"Drug" means a controlled substance as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. §802) as it existed on December 18, 2014.
"Drug-related criminal activity" means the illegal possession, manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use, of a controlled substance as defined in Section 102 of the Controlled Substances Act ( 21 U.S.C. §802) .
"Dwelling unit" means a house, apartment or group of rooms, intended for residential occupancy as separate living quarters with each unit having direct access from either the outside of the building or through a common hall with each unit being equipped with complete kitchen and bathroom facilities for the exclusive use of the occupants, and is located in Hawaii. Dwelling units that present a serious health or safety hazard shall not be acceptable for use by participants of the program.
"Elderly" means a family whose head, spouse, or sole member or spouse has attained the age of sixty-two.
"Executive Director" means the executive director of the Hawaii Public Housing Authority.
"Family" means:
(1) One or more persons who live or intend to occupy a dwelling unit and whose income and resources are available to meet the family's need and who 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;
(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.
"Foster children" means a person or persons, under eighteen years of age, who may not be 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.
"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.
"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.
"Homeless emergency shelter" means a homeless facility designed to provide temporary shelter and appropriate and available services to homeless families or individuals for up to six weeks. Emergency shelters are characterized by their short-term, walk-in nature, with the option for participants to enter into a case plan upon entry and community living quarters.
"Homeless transitional shelter" means a homeless facility designed to provide temporary shelter and appropriate and available social services to homeless families or individuals for up to twenty-four months.
"Household" includes "family", "elderly", and "displaced".
"Household 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 household income, as the case may be, by all persons occupying, or who are to occupy the dwelling, and by a household head temporarily separated from the household. Household 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.
"Housing owner" means the same as, defined in section 356D-152, HRS, and may include an agent of an owner.
"HRS" means the Hawaii revised statutes. "HUD" means the United States Department of Housing and Urban Development.
"Minor" means a person less than eighteen years of age. An unborn child may not be counted as a minor.
" Participant" means the same as tenant.
"Program" means the Special Rent Supplement Program administered by the authority.
"Provider agency" means the organization meeting the qualifying standards under HPHA-RS-8 that is selected and contracted by the authority to administer this program, in whole or part, and provide rent supplement payments on behalf of participants under this program.
"Rent" means the monthly charge to a tenant for the use of a dwelling unit.
"Security deposit" means a monetary deposit required by a landlord prior to occupancy of the dwelling unit.
"Staff" means the employees or agents of the authority.
"Shared housing" means a dwelling unit with two or more bedrooms that is occupied by more than one person or household which share the housing cost for the dwelling.
"Standard unit" means the same as "dwelling unit".
"Tenant" means a qualified person or family that is participating in the program.
"Unassisted household" means a person or family who is not participating in the program.
" U.S.C." means the United States Code.
"Very low income" means 50 per cent of the median household income for the area as determined by the U.S. Department of Housing and Urban Development.
"Violent criminal activity" means any criminal activity that includes 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.
