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SUBCHAPTERI <br />GENERAL PROVISIONS <br />§1-1 Purpose and Applicability. These rules establish administrative rules for an <br />"Affordable Housing Production Program," pursuant to Hawaii County Code § 11-21, in <br />order to support, increase and sustain affordable housing production. <br />§1-2 Definitions. Whenever used in this chapter, unless otherwise specifically defined: <br />"Administrator" means the Housing Administrator of the Office of Housing and <br />Community Development of the County of Hawaii. <br />"Affordable Housing Unit" means a permanent single-family dwelling unit, or <br />multiple -family dwelling unit for sale or rent as a primary residence for the respective <br />buyer or renter and is affordable to qualified households earning no more than 140 <br />percent of the area median income in the County of Hawaii. <br />"Affordability Period" means the length of time which dwelling units financed <br />with program funds shall remain affordable to eligible households after the project or <br />units are available for occupancy. <br />"Chapter 11" means Chapter 11 of the Hawaii County Code, as amended. <br />"Community Land Trust" means a non-profit organization approved by the <br />OHCD or administrator that acquires land that is 1) held in perpetuity; 2) primarily <br />for conveyance under a long-term ground lease for the creation of dwelling units that <br />shall be sold or rented to applicants within the income -qualified groups established by <br />this chapter; and 3) retains an option to purchase any dwelling unit at a price <br />determined by formula that is designed to ensure that the dwelling unit remains <br />affordable in perpetuity. <br />"Council" means the Hawaii County Council. <br />"County" means the County of Hawaii. <br />"Elderly" means a person that is at least 62 years of age. <br />"Grant" means funds awarded to an applicant for the purpose of financing an <br />eligible activity as outlined in Rule §3-2, with no obligation to repay the monies. <br />"Grantee" means the recipient of Affordable Housing Production program funds. <br />"Homeless" means individuals and families who lack a fixed, regular, and <br />adequate nighttime residence and those who will imminently lose their primary <br />nighttime residence within 14 days. Also includes individuals who are existing an <br />institution where he/she resided for 90 days or less. <br />"Non-profit, organization" means an exempt organization as classified under of <br />the Internal Revenue Code Section 501(c)(3) or Section 501(c)(4) and complies with <br />all other requirements under federal, state and county law regulating the conduct of <br />charitable or non-profit organizations. <br />OHCD" means the County of Hawaii Office of Housing and Community <br />Development. <br />"Program" means the Affordable Housing Production Program. <br />21 P3,, <br />Administrative Rules for the Affordable Housing Production Program <br />