Definitions for Workforce Housing Rules

Whenever used in this chapter, unless a different meaning clearly appears from the context: "Community land trust" means a nonprofit organization that acquires land that: 1. Is held in perpetuity; 2. Is primarily for conveyance under a long-term ground lease for the creation of dwelling units that shall be sold or rented to applicants within the income-qualified groups established by this chapter; and 3. Retains an option to purchase any dwelling unit at a price determined by formula that is designed to ensure that the dwelling unit remains affordable in perpetuity. "Council" means the Maui County council. "Department" means the department of housing. "Director" means the director of housing. "Disabled" means a person who is determined, by a medical doctor, to have a physical, mental, or emotional impairment that: 1. Is expected to be of long-continued and indefinite duration; 2. Substantially impedes his or her ability to live independently; and 3. Is of such a nature that the ability to live independently could be improved by more suitable housing conditions. "Elderly" means a person who has attained the age of sixty-two years. "Employed" means working for compensation in the County for any number of hours. "Homeless" means: 1. An individual or family who lacks a fixed, regular, and adequate nighttime residence; or 2. An individual or family who has a primary nighttime residence that is: a. A supervised shelter designed to provide temporary living accommodations; or b. A place not designed for or ordinarily used as sleeping accommodations for human beings. "HUD" means the United States Department of Housing and Urban Development. "Improved land" means land that has necessary infrastructural improvements to support a public use project or a use density of at least a single-family or a two-family residential building per acre, in conformity with state and County zoning laws and building permit requirements. "Lot" means any improved or unimproved land that has been subdivided. "Median family income" means the middle income in a series of incomes ranked from smallest to largest as determined by HUD for the County, or as adjusted by the department, for Hāna, Lāna‘i, and Molokai. "Prevailing interest rate" means the average interest rate of two mortgage lenders in the County, acceptable to the director, for a thirty year fixed loan with no discount points. "Qualified housing provider" means a community land trust, nonprofit agency, or other private or public organization, agency, or entity authorized and designated by the department in accordance with section 2.96.150 to own, develop, construct, administer, operate or otherwise provide residential workforce housing required under this chapter. "Resident" means a person who meets one of the following criteria: 1. Currently employed in the County; 2. Retired from employment in the County, having worked in the County immediately prior to retirement; 3. A full-time student residing in the County; 4. A disabled person residing in the County who was employed in the County prior to becoming disabled; 5. The parent or guardian of a disabled person residing in the County; 6. A spouse or dependent of any such employee, retired person, student, or disabled person residing in the County; or 7. In the event of the death of the employee, retired person, student, or disabled person, the spouse or dependent of any such person residing in the County. "Residential workforce housing unit" means a unit or lot to be sold or rented to residents within one of the following income groups as established by the department: 1. "Very low income," which are those households whose gross annual family income is fifty percent or less of the area median income as established by HUD, or as adjusted by the department, for Hāna, Lāna‘i, and Molokai. 2. "Low income," which are those households whose gross annual family income is more than fifty percent, but not more than eighty percent of the area median income as established by HUD, or as adjusted by the department, for Hāna, Lāna‘i, and Molokai. 3. "Below-moderate income," which are those households whose gross annual family income is more than eighty percent, but not more than one hundred percent of the area median income as established by HUD, or as adjusted by the department, for Hāna, Lāna‘i, and Molokai. 4. "Moderate income," which are those households whose gross annual family income is more than one hundred percent, but not more than one hundred twenty percent of the area median income as established by HUD, or as adjusted by the department, for Hāna, Lāna‘i, and Molokai. 5. "Above-moderate income," which are those households whose gross annual family income is more than one hundred twenty percent, but not more than one hundred forty percent of the area median income as established by HUD, or as adjusted by the department, for Hāna, Lāna‘i, and Molokai. "Special housing target group" means a group of residents that can be demographically defined as having a special or unique housing need, including but not limited to, the elderly, homeless, and disabled. "Unimproved land" means land not classified as "improved land." "Wait list area" means Hāna, Lāna‘i, Maui (excluding Hana), or Molokai. ( Ord. No. 5676 , §§ 7, 16, 2024; Ord. No. 4177, §§ 1—4, 2014; Ord. No. 3719, § 1, 2010; Ord. 3512 § 1, 2007; Ord. 3418 § 1 (part), 2006)