Terms Used In Hawaii Revised Statutes > Chapter 39A > Part IX - Assisting Not-for-Profit Private Organizations, For-Profit Private Organizations, and Public Instrumentalities and Their Qualified Affiliates in the Development of Low- and Moderate-Income Housing

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Aquaculture: means the propagation, cultivation, or farming of aquatic plants and animals in controlled or selected environments for research purposes, commercial purposes, or stocking purposes. See Hawaii Revised Statutes 183D-1
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of land and natural resources. See Hawaii Revised Statutes 183D-1
• bonds: means bonds, notes, or other evidence of indebtedness of the State issued pursuant to this part. See Hawaii Revised Statutes 39A-281
• Business: means any lawful activity conducted (1) primarily for the purchase and resale, manufacture, processing or marketing of products, commodities, or any other personal property; (2) primarily for the sale of services to the public; or (3) by a nonprofit organization. See Hawaii Revised Statutes 111-2
• Code: means the housing, building, and zoning codes of the counties. See Hawaii Revised Statutes 111-2
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 183D-1
• Department: means the department of land and natural resources. See Hawaii Revised Statutes 184-1
• Department: means the department of budget and finance. See Hawaii Revised Statutes 39A-281
• Displaced person: means any person who is lawfully residing on or lawfully occupying real property and is required to move from any real property on or after June 25, 1970, as a result of the acquisition or imminence of acquisition of such real property, in whole or in part, by a state agency or who moves from such real property as a result of the acquisition or imminence of acquisition by such state agency of other real property on which such person is lawfully conducting a business or farm operation. See Hawaii Revised Statutes 111-2
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Family: means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. See Hawaii Revised Statutes 111-2
• Farm operation: means any lawful activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Hawaii Revised Statutes 111-2
• Feral deer: means a deer that has escaped or been released from domestication and is living in a wild and unconfined state. See Hawaii Revised Statutes 183D-1
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Game: means birds and mammals designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
• Game birds: means birds designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
• Game mammals: means mammals designated by law or by rule for hunting. See Hawaii Revised Statutes 183D-1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Low- and moderate-income housing project: means any housing project where:

  (1) All project units are offered for rent, of which at least:

  (A) Twenty per cent of the units are rented to households with an income of up to fifty per cent of the area median income as determined by the United States Department of Housing and Urban Development;

  (B) Forty per cent of the housing units in the project are rented to households with an income of up to eighty per cent of the area median income as determined by the United States Department of Housing and Urban Development; or

  (C) Sixty per cent of the housing units in the project are rented to households with an income of up to one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development;

  (2) All project units are offered for sale through the conveyance of individual units by deed or share, of which at least fifty per cent of the units are sold to households with an income of up to one hundred forty per cent of the area median income as determined by the United States Department of Housing and Urban Development; or

  (3) The project qualifies for federal tax exempt status pursuant to 26 U. See Hawaii Revised Statutes 39A-281

• month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Park: means an area which, by reason of location, natural features, scenic beauty or legendary, historical, or scientific interest, possesses distinctive physical, aesthetic, intellectual, creative, or social values. See Hawaii Revised Statutes 184-1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means

  (1) any individual, partnership, or corporation or association which is the owner of a business;

  (2) any owner, part-owner, tenant, or sharecropper operating a farm;

  (3) the head of a family;

  (4) an individual not a member of a family;

  (5) a nonprofit organization exempted from taxation under section 235-9. See Hawaii Revised Statutes 111-2

• Personal property: All property that is not real property.
• Possess: means to place under direct physical control, restraint, or confinement. See Hawaii Revised Statutes 183D-1
• Predators: means animals destructive of wildlife by nature of their predatory habits, including mongooses, cats, dogs, and rats. See Hawaii Revised Statutes 183D-1
• Project: means the acquisition, purchase, design, development, construction, reconstruction, rehabilitation, improvement, betterment, extension, financing, or refinancing of low- and moderate-income housing. See Hawaii Revised Statutes 39A-281
• Project agreement: means any agreement entered into under this part by the department with a project party providing for the issuance of special purpose revenue bonds to finance the development of low- and moderate-income housing, or to loan the proceeds of the special purpose revenue bonds to assist a project party in the development of low- and moderate-income housing, including without limitation any loan agreement. See Hawaii Revised Statutes 39A-281
• Project party: means an entity engaged in the development of a low- and moderate-income housing project, including a not-for-profit private organization, for-profit private organization, or public instrumentalities and their qualified affiliates. See Hawaii Revised Statutes 39A-281
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• refinancing: means the liquidation, the retirement, or the provision for retirement through the proceeds of bonds issued by the State of any indebtedness of a project party incurred to finance, in whole or in part, a low- and moderate-income housing project of the project party not financed pursuant to this part; or the consolidation of such indebtedness with indebtedness of the State related to the purpose for which the indebtedness of the project party was initially incurred. See Hawaii Revised Statutes 39A-281
• Release: means to free an animal from effective confinement or restraint. See Hawaii Revised Statutes 183D-1
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: as used in this chapter , means the State of Hawaii and any department, agency, or instrumentality of the State, or a political subdivision of the State. See Hawaii Revised Statutes 113-5
• State agency: means an agency or instrumentality created by the State and includes, for purposes of this chapter, county governmental agencies. See Hawaii Revised Statutes 111-2
• Take: means to injure, hunt, shoot, wound, kill, trap, net, capture, or possess. See Hawaii Revised Statutes 183D-1
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Wild birds: means birds, other than game birds, living in a wild and undomesticated state, and the young and eggs of those birds. See Hawaii Revised Statutes 183D-1
• Wildlife: means any nondomesticated member of the animal kingdom, including game, whether reared in captivity or not, and includes any part, product, egg, or offspring thereof, except aquatic life as defined in this section. See Hawaii Revised Statutes 183D-1