PART I. 
GENERAL POWERS



 



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



"Authority" means the Hawaii public housing authority.



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



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



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



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



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



"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 households" means
households in which at least one member is sixty-two years of age, the spouse
or partner has attained eighteen years of age, and the remaining members have
attained 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 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 eighteen years
of age.



"Executive director" means the
executive 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 "government
agency" includes the State and the United States and any political
subdivision, agency, or instrumentality, corporate or otherwise, of either of
them.



"Household member" means a person
who:



(1)  Is a co-applicant; or



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



"Land" or "property"
includes vacant land or land with site improvements whether partially or
entirely finished in accordance with governmental subdivision standards, or
with 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 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 authority as meeting these
requirements.



"Mortgage holder" includes the United
States Department of Housing and Urban Development, Federal Housing
Administration, the United States Department of Agriculture, or other federal
or state agency engaged in housing activity, United States Department of
Veterans Affairs, Federal National Mortgage Association, Government National
Mortgage Association, Federal Home Loan Mortgage Corporation, private mortgage
lender, private mortgage insurer, and their successors, grantees, and assigns.



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



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



(2)  Customarily provides service or otherwise aids in
the financing of mortgages on single-family or multifamily residential
property; and



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



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



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



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



"Real property" includes lands, land
under water, structures, and any and all easements, franchises, and incorporeal
hereditaments 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 a
dwelling unit or living quarters in any public housing project, under or by
virtue of any tenancy lease or rental agreement under or from the authority.



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



"Trust indenture" means an agreement
by and between the authority and the trustee, that sets forth the duties of the
trustee with respect to the bonds, the security therefor, and other provisions
as deemed necessary or convenient by the authority to secure the bonds. [L
2006, c 180, pt of §2; am L 2007, c 193, §3]