Sec.17-619-2. Definitions

For the purpose of Sections 17-619-1 through 17-619-16, inclusive, the following definitions shall apply:

(a) "Applicant" means any person who is eighteen or older or the head of a household who has requested eviction prevention services from a mediation agency under this regulation.

(b) "Arrearage" means money which is overdue and unpaid.

(c) "Desk review" means an informal hearing conducted by a mediation agency in response to a written appeal filed by an applicant.

(d) "Eviction" means the legal process used to terminate a person's right to remain in his or her rental home.

(e) "Family" means any individual or related and unrelated individual(s) who live together and share living expenses, including a family of one.

(f) "Foreclosure" means a legal termination of all rights of the mortgagor or his or her grantee in the property covered by the mortgage.

(g) "Gross family income" means all income, from whatever source derived, including, but not limited to:

(1) Earned income such as compensation paid by an employer to an employee for personal services and includes wages, salaries, tips, commissions, bonuses, and earnings from self-employment or contractual agreements.

(2) Unearned cash income such as pensions, annuities, dividends, interest, rental income, estate or trust income, royalties, social security or supplemental security income, unemployment compensation, workers' compensation, alimony, child support, and cash assistance from federal, state, or municipal assistance programs.

(h) "Imminent danger" means having received a threat to terminate the applicant's right to remain in the home, including but not limited to, a notice to quit, a default notice threatening foreclosure, or court papers in support of an eviction or foreclosure.

(i) "Lease" means a rental agreement, either oral or written, authorizing a person to occupy a home for a certain length of time.

(j) "Mediation agency" means an entity under contract with the Department of Human Resources to mediate disputes between tenants and landlords or creditors and mortgagors-in-possession on behalf of the Department.

(k) "Mortgage" means a written instrument in which real estate is used as a security for repayment of a debtor obligation.

(l) "Net monthly income" means all gross monthly income minus mandatory deductions, including, but not limited to: federal income tax based upon all allowable exemptions; social security tax; retirement plan deductions; union dues or fees; group life insurance premiums; health insurance premiums for all legal dependents; and for self-employed individuals, all legitimate business expenses.

(Effective October 1, 1993)