Definitions

For purposes of this Article, the following definitions shall apply:

(a)“Affordable” where used in this Article shall be up to one hundred fifteen percent (115%) and less of the median income average threshold where rental dwellings are deemed affordable if the annual rent does not exceed thirty percent (30%) of the maximum income level for low income households, adjusted for household size. The income thresholds established herein may be adjusted by GEDA from time-to-time through an approved board resolution consistent with recommendations from the Guam Housing and Urban Renewal Authority and/or federal agencies, including, but not limited to, the U.S. Department of Housing and Urban Development and the U.S. Department of Agriculture.

(b)“Assisted Care” or “Assisted Living” refers to elderly housing facilities that provide apartment-style housing to ensure that certain services are available to maintain independence where needed that offers units containing, at a minimum, one

(1)unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance. Assisted living units are skilled nursing home care services as provided in accordance with 10 GCA § 7102(a).

(c)“Authority” refers to the Guam Economic Development Authority (GEDA). CH. 58 QUALIFYING CERTIFICATES

(d)“Business Privilege Tax (BPT)” is the tax that is levied on business revenues as imposed by

(e)“Construction Costs” are expenses incurred by a developer to construct any new elderly assisted living and independent living housing development or substantially renovate, expand, or convert existing structures comprising Elderly assisted living, independent living housing, or convalescent development in Guam. Such costs include land acquisition, building and site improvements, Architectural and Engineering (A&E), furniture, fixtures, and equipment (FF&E).

(f)“Developer” means an individual, partnership, corporation, association, or other person who develops land through construction and becomes the owner of an elderly residential living housing establishment.

(g)“Development” means a senior or elderly housing project of multiple dwelling units with accessory uses and structures for construction or substantial renovation located on property in accordance with this Article.

(h)“Dwelling” shall be consistent with the definition contained in 21 GCA § 61103(j).

(i)“Elderly” means individuals that are fifty-five

(55)years of age or older.

(j)“Elderly Home or Housing” refers to an elderly dwelling, domicile, or space used as a permanent or semi-permanent residence for an individual, group or family.

(k)“Expansion or Renovation” means existing elderly residential living housing accommodations pursuant to this Article that may be eligible for this Special Qualifying Certificate if new capital investment is to be made that will either add to the building or significantly renovate the property.

(l)“Independent Living” refers to housing units and associated facilities designed for the elderly who are self-sufficient and require no on-site personal or health care services. An Independent Living housing unit consists of a room or group of rooms designed or intended to provide a habitable unit for one

(1)or more persons with provisions for cooking, living, sanitation, and sleeping for the exclusive use of the household unit. Associated facilities may include substantial common and socializing areas and other amenities.

(m)A “Multiple-Family Dwelling” contains three

(3)or more dwelling units. A dwelling unit shall be defined as one

(1)or more rooms and a single kitchen, designed as a unit for occupancy by one

(1)family for living and sleeping purposes. For the purposes of this Article, duplexes, townhomes, apartments, or condominiums shall be considered a multiple-family dwelling. A hotel shall not be considered a multiple-family dwelling unless the developer intends to substantially renovate the hotel use for elderly housing.

(n)“Nursing Home” shall be consistent with 10 GCA § 7102(a).

(o)“Project” refers to constructing or renovating structures or buildings for elderly residential living housing.

(p)“Property Value” means the current appraised value of the land and improvements. The developer shall bear the cost of such appraisal and an applicant may provide an appraisal completed within one hundred eighty

(180)days prior to the date of application filing.

(q)“Property Tax Assessment” shall mean the real estate and improvement taxes assessed on the Project. CH. 58 QUALIFYING CERTIFICATES

(r)“Renovation Cost” are expenses incurred from modernizing the elements within a structural part located on real property for elderly housing, whose total costs are no less than forty percent (40%) of the property value and that either:

(1)materially increases the value of the property;

(2)substantially prolongs the useful life of the property; or

(3)adapts the property to a new or better use for elderly residential living accommodations.

(s)“Residential Living” means a housing arrangement meeting ADA compliance and the Fair Housing Act for the elderly that is chosen voluntarily by persons fifty-five

(55)years of age or over, or their authorized representative, where independent living accommodations, assisted care accommodations, and/or nursing home accommodations or any combination thereof, involving varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs that are located within the elderly housing facility.

(t)“Special Qualifying Certificate” shall refer to tax incentives on developments that are eligible or approved for the Åkton GUMA (Group Use Manåmko Accommodations) Incentive Act.

(u)“Senior Housing” means age-restricted residential housing intended and operated for occupancy by persons fifty-five

(55)years of age or older.

(v)“Substantial Improvement” or “Substantial Renovation” means any combination of repairs, reconstruction, alteration, or improvements to a structure that is ADA compliant in which the cumulative cost equals or exceeds forty percent (40%) of the market value of the structure and real estate.

(w)“Supportive Services” means resources available to the resident in the community that helps to maintain their functional ability and meet their needs as identified in the individual resident assessment. Supportive services may include any of the following: medical, dental, and other health care services; transportation; recreational and leisure activities; social services; and counseling services.

(x)“Use” is the purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

(y)“Use Tax” is the tax that is levied on the landed value of or consumption of all property as defined by Chapter 28 of Title 11 GCA.

(z)“Zoning Law” refers to the Zoning Law of Guam, Chapter 61 of Title 21, Guam Code Annotated.