§356D-64 Eviction. (a) If the eviction board finds cause to terminate a lease, rental agreement, permit, or license and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy. The written notice shall inform the tenant that a writ of possession may be issued by the authority within ten business days. The written notice shall also inform the tenant whether the grounds for eviction are curable and, if so, specify the methods to remedy the grounds, timeframe for completion, and documentation required to prove to the authority that the grounds have been remedied.
(b) When the grounds for termination of the tenancy may be cured by the tenant, the tenant shall have ten business days from receipt of the written notice under subsection (a) to cure the grounds. If the grounds are cured within the ten-day period, no writ of possession shall be issued. If the grounds are not cured within the ten-day period, the authority may issue a writ of possession.
(c) The authority may adopt rules pursuant to chapter 91 to define curable and noncurable grounds for eviction. The authority may consider a tenant's history in determining noncurable grounds for eviction. A tenant's history may include chronic or consistent delinquency, or repeated violations of the terms of the lease, rental agreement, permit, or license.
(d) Enforcement of the order by a writ of possession shall be effected either by a process server appointed by the authority, who shall have all of the powers of a police officer for all actions in connection with the enforcement of the order, or by a sheriff or any other law enforcement officer of the State or any county, whose duty it shall be to carry out the order. The person enforcing the order shall remove all persons from the premises and put the authority in full possession thereof.
(e) Upon eviction, the household goods and personal effects of the tenant against whom the order is entered, and those of any persons using the premises incident to the tenant's holding, may be removed from the premises and stored by the authority. If the action is taken, the authority shall have a lien on the property taken for the expenses incurred by the authority in moving and storing the property, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after thirty days. [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.