PART I. GENERAL POWERS

 

[§356D-1]  Definitions.  The followingterms, wherever used or referred to in this chapter shall have the followingrespective meanings, unless a different meaning clearly appears from thecontext:

"Authority" means the Hawaii public housing authority.

"Board" means the board of directorsof the Hawaii public housing authority.

"Bonds" means any bonds, interimcertificates, notes, debentures, participation certificates, pass-throughcertificates, mortgage-backed obligations, or other evidences of indebtednessof the authority issued pursuant to this chapter.

"Community facilities" includes realand personal property; buildings, equipment, lands, and grounds forrecreational or social assemblies, and for educational, health, or welfarepurposes; and necessary or convenient utilities, when designed primarily forthe benefit and use of the authority or the occupants of the dwelling units.

"Contract" means any agreement of theauthority with an obligee or a trustee for the obligee, whether contained in aresolution, trust indenture, mortgage, lease, bond, or other instrument.

"Dwelling", "dwellingunit", or "unit" means any structure or room, for sale, lease,or rent, that provides shelter.

"Elder" or "elderly" meansa person who is a resident of the State and has attained the age of sixty-twoyears.

"Elder or elderly households" meanshouseholds in which at least one member is sixty-two years of age, the spouseor partner has attained eighteen years of age, and the remaining members haveattained the age of fifty-five years at the time of application to the project.

"Elder or elderly housing" means:

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

(2)  Housing provided under any state or federal programthat the Secretary of the United States Department of Housing and UrbanDevelopment determines is specifically designed and operated to assist elder orelderly persons, or if the Secretary makes a determination, the project mayalso be occupied by persons with disabilities who have reached eighteen yearsof age.

"Executive director" means theexecutive director of the Hawaii public housing authority.

"Federal government" includes the United States and any agency or instrumentality, corporate or otherwise, of the United States.

"Government" or "governmentagency" includes the State and the United States and any politicalsubdivision, agency, or instrumentality, corporate or otherwise, of either ofthem.

"Household member" means a personwho:

(1)  Is a co-applicant; or

(2)  Will reside in the dwelling unit leased or rentedfrom the authority.

"Land" or "property"includes vacant land or land with site improvements whether partially orentirely finished in accordance with governmental subdivision standards, orwith complete dwellings.

"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 elderor elderly person in daily living activities including bathing, mealpreparation and delivery, medicinal care, transportation, and physicalactivities;

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

(4)  Is verified by the authority as meeting theserequirements.

"Mortgage holder" includes the UnitedStates Department of Housing and Urban Development, Federal HousingAdministration, the United States Department of Agriculture, or other federalor state agency engaged in housing activity, United States Department ofVeterans Affairs, Federal National Mortgage Association, Government NationalMortgage Association, Federal Home Loan Mortgage Corporation, private mortgagelender, private mortgage insurer, and their successors, grantees, and assigns.

"Mortgage lender" means any bank,trust company, savings bank, national banking association, savings and loanassociation, building and loan association, mortgage banker, credit union,insurance company, or any other financial institution, or a holding company forany of the foregoing, that:

(1)  Is authorized to do business in the State;

(2)  Customarily provides service or otherwise aids inthe financing of mortgages on single-family or multifamily residentialproperty; and

(3)  Is a financial institution whose accounts arefederally insured or is an institution that is an approved mortgagee for theFederal Housing Administration, an approved lender for the United StatesDepartment of Veterans Affairs or the United States Department of Agriculture,or an approved mortgage loan servicer for the Federal National Mortgage Associationor the Federal Home Loan Mortgage Corporation.

"Nonprofit organization" means acorporation, association, or other duly chartered entity that is registeredwith the State and has received a written determination from the InternalRevenue Service that it is exempt under either Section 501(c)(3), Section501(c)(4), or so much of Section 501(c)(2) as applies to title holdingcorporations that turn over their income to organizations that are exempt undereither Section 501(c)(3) or 501(c)(4), of the Internal Revenue Code of 1986, asamended.

"Obligee of the authority" or"obligee" includes any bondholder, trustee or trustees for anybondholders, any lessor demising property to the authority used in connectionwith a housing project, or any assignee or assignees of the lessor's interestor any part thereof, and the United States, when it is a party to any contractwith the authority.

"Public housing project","housing project", or "complex" means a housing projectdirectly controlled, owned, developed, or managed by the authority pursuant tothe federal low-rent public housing program.

"Real property" includes lands, landunder water, structures, and any and all easements, franchises, and incorporealhereditaments and every estate and right therein, legal and equitable,including terms for years and liens by way of judgment, mortgage, or otherwise.

"Tenant" means any person occupying adwelling unit or living quarters in any public housing project, under or byvirtue of any tenancy lease or rental agreement under or from the authority.

"Trustee" means a national or statebank or trust company located within or outside the State that enters into atrust indenture.

"Trust indenture" means an agreementby and between the authority and the trustee, that sets forth the duties of thetrustee with respect to the bonds, the security therefor, and other provisionsas deemed necessary or convenient by the authority to secure the bonds. [L2006, c 180, pt of §2; am L 2007, c 193, §3]