§17-2020-2 - Definitions.

§17-2020-2 Definitions.

         Whenever used in this chapter, unless specifically defined:

         "Agreement" means any lease, rental agreement, permit, or license covering the use and occupation of any unit or other premises owned or controlled by the authority.

         "Alcohol abuse" means a tenant or any member of the tenant's household has engaged in abuse or pattern of abuse of alcohol that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents, or furnished false or misleading information concerning illegal drug use, alcohol abuse, or rehabilitation of illegal drug users or alcohol abusers.

         "Authority" means the Hawaii public housing authority.

         "Board" or "eviction board" means the board appointed by the authority to conduct eviction hearings and terminate rental agreements in accordance with this chapter.

         "C.F.R." means the United States Code of Federal Regulations.

         "Criminal activity" means the tenant, any member of the tenant's household, a guest or another person under the tenant's control has engaged in any 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 used for a criminal conviction.

         "Document" means written decisions, orders, and notices issued for the purposes of this chapter.

         "Drug" means a controlled substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. §802) as it existed on March 28, 2013.

         "Drug related criminal activity" means the illegal manufacture, sale, distribution, or use of a drug, or possession of a drug with intent to manufacture, sell, distribute or use the drug.

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

         "Grievance hearing" means the hearing prescribed in the grievance procedure set forth in rules of the authority.

         "HRS" means the Hawaii Revised Statutes.

         "Hearing" means a quasi-judicial proceeding in which the authority prepares to terminate an agreement.

         "Hearings clerk" means the person responsible for receiving, recording, and preserving the records of the eviction board.

         "Hearings officer" means the person representing the authority in a hearing.

         "Party" means a person or agency as defined in section 356D-91, HRS, as it existed on March 28, 2013.

         "Presiding officer" means the member of the eviction board duly elected by a majority of the board members to serve as its chairman where the eviction board is comprised of more than one member.

         "Project manager" means the authority's representative assigned to manage projects in a management area or any other employee of the authority specifically designated by position description.

         "Rental agreement" means the agreement or contract containing the terms and conditions of occupancy of a dwelling unit entered into by the tenant and authority.

         "Tenant" means the person or persons who enter into a rental agreement with the authority to reside in a dwelling unit and who are subject to eviction proceedings under this chapter.

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

         "Violent criminal activity" means any criminal activity that has as one of its elements 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.

        [Eff 8/6/04; am and comp MAY 24 2014] (Auth: 24 CFR §966.4; HRS §§92-6, 356D-4, 356D-13, 356D-98) (Imp: HRS §§356D-92, 356D-93, 356D-94, 356D-98)

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