§356D-63 Hearings. (a) When the authority proposes to terminate a lease, rental agreement, permit, or license and evict a tenant under section 356D-62, a hearing shall be held to determine whether cause exists for the action. The authority shall give written notice to the tenant specifying the reason for the eviction and the date, time, and place of the hearing. The written notice shall further inform the tenant of the right to inspect and copy the tenant's file at the tenant's expense before the hearing is held. The written notice shall be given at least five days before the date of the hearing. At the hearing, before final action is taken, the tenant shall be entitled to be heard in person or through counsel, and granted a full and fair hearing in accordance with the requirements of a contested case hearing under sections 91-9 and 91-10 to 91-13. This full and fair hearing shall be deemed to be a contested case hearing before the authority pursuant to chapter 91.
(b) Hearings shall be conducted by an eviction board appointed by the authority. The eviction board shall consist of no fewer than two persons, and no more than three persons, of which one member shall be a tenant. If feasible, the eviction board may conduct hearings using video conferencing technology; provided that these hearings shall be conducted pursuant to chapter 91. The findings, conclusions, decision, and order of the eviction board shall be final unless an appeal is taken pursuant to section 91-14.
(c) The eviction board shall have the same powers with respect to administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as those of the circuit courts. In case of a violation by any person of any order of the eviction board, or of any subpoena issued by the eviction board, or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, a circuit court judge, upon application by the eviction board, may compel compliance with the order or subpoena, or compel testimony. [L 2018, c 204, pt of §1]
Structure Hawaii Revised Statutes
356D. Hawaii Public Housing Authority
356D-2 Hawaii public housing authority; establishment, staff.
356D-3 Board; establishment, functions, duties.
356D-4 General powers of the authority.
356D-5 Resident advisory boards; establishment.
356D-6 Nomination of resident board member.
356D-6.5 Prohibition on smoking in and around public housing; designated smoking areas.
356D-6.7 Closed to the public.
356D-7 Fair housing law to apply.
356D-7.5 Exemption from tax on income and obligations.
356D-8 Acquisition, use, and disposition of property.
356D-9 Cooperative agreements with other government agencies.
356D-10 Agents, including corporations.
356D-11 Development of property.
356D-12 Development of property; additional powers.
356D-12.5 Development of property; partnership or development agreement.
356D-13 Administration of federal programs.
356D-13.5 Housing choice voucher program administration.
356D-14 Federal funds outside of state treasury.
356D-15 Eminent domain, exchange, or use of public property.
356D-16 Contracts with the federal government.
356D-17 Public works contracts.
356D-18 Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc.
356D-19 Subordination of mortgage to agreement with government.
356D-22 Bonds; interest rate, price, and sale.
356D-23 Trustee; designation, duties.
356D-25 Investment of reserves, etc.
356D-26 Security for funds deposited by the authority.
356D-27 Arbitrage provisions; interest rate.
356D-28 Public housing special fund.
356D-31 Rentals and tenant selection.
356D-42 Housing; tenant selection.
356D-44 Administration of state low-income public housing projects and programs.
356D-45 State low-income housing revolving fund.
356D-45.5 Delinquent accounts.
356D-47 Government aid; political subdivisions.
356D-52 Lien on personalty for rent, etc.
356D-53 Foreclosure of lien, notice, etc.
356D-54 Sheriff or police to assist.
356D-55 Existing contracts not impaired.
356D-56.1 Disposition of abandoned or seized property.
356D-57 Disposition of surplus proceeds.
356D-58 Lien attaches to personalty in possession.
356D-59 Priority of housing lien.
356D-62 Termination and evictions.
356D-70 Renumbered as §356D-60.
356D-71 Resident selection; dwelling units; rentals.
356D-72 Housing for elders revolving fund.
356D-92 Termination and eviction.
356D-101 Gifts, etc., to counties from authority.
356D-102 Facilities and services by counties to authority and tenants.
356D-103 Construction of additional powers.
356D-104 Charges for prior services by counties to authority.
356D-105 Garbage and trash disposal.
356D-106 Furnishing of free water not required.
356D-107 Regulation of traffic within public housing projects in the various counties.
356D-108 to 356D-119 Reserved.
356D-121 to 356D-147 REPEALED.
356D-151.5 Rent supplement; qualification.
356D-152 Housing owner; defined.
356D-153 Qualified tenant defined; preference.
356D-154 Relationship of annual payment to rental and income.
356D-155 Determination of eligibility of tenants and rental charges.