Hawaii Revised Statutes
657D. Civil Relief for State Military Forces
657D-21 Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment.

§657D-21 Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment. (a) No eviction or distress shall be made during the period of military service for any premises occupied chiefly for dwelling purposes by the spouse or other dependents of a person in military service, except upon leave of court granted upon application or granted in an action or proceeding on the right of possession.
(b) On any such application or in any such action the court may, in its discretion and on its own motion, and shall, upon application, unless in the opinion of the court the ability of the tenant to pay the agreed rent is not materially affected by reason of such military service, stay the proceedings for not longer than three months, or it may make such other order as may be just. Where the stay is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to relief in respect of the premises similar to that granted persons in military service in sections 657D-22 and 657D-23 to such extent and for such period as may appear to the court to be just.
(c) Any person who shall knowingly take part in any eviction or distress otherwise than as provided in subsection (a), or attempts so to do, shall be guilty of a misdemeanor.
(d) The adjutant general is empowered, subject to rules adopted under chapter 91, to order an allotment of the pay of a person in military service in reasonable proportion to discharge the rent of premises occupied for dwelling purposes by the spouse or other dependents of the person. [L 1994, c 257, pt of §2]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 36. Civil Remedies and Defenses and Special Proceedings

657D. Civil Relief for State Military Forces

657D-1 Definitions.

657D-2 Territorial application; jurisdiction of courts; form of procedure.

657D-3 Protection of persons secondarily liable.

657D-4 Notice of benefits to persons in and persons entering military service.

657D-5 Extension of benefits to persons ordered to report for military service.

657D-6 Effect on rights, remedies, etc., pursuant to written agreements entered after commencement of military service.

657D-7 Exercise of rights not to affect lenders, credit, or insurers.

657D-11 Default judgments; affidavits; bonds; attorneys for persons in service.

657D-12 Stay of proceedings where military service affects conduct thereof.

657D-13 Fines and penalties on contracts.

657D-14 Restrictions.

657D-15 Duration and term of stays; co-defendants not in service.

657D-16 Statutes of limitations as affected by period of service.

657D-17 Maximum rate of interest.

657D-18 Limitation prescribed by state tax laws as affected by period of service.

657D-21 Eviction or distress during military service; stay; penalty for noncompliance; allotment of pay for payment.

657D-22 Installment contracts for purchase of property.

657D-23 Mortgages, trust deeds, and other securities.

657D-24 Settlement of cases involving stayed proceedings to foreclose mortgage on, resume possession of, or terminate contract for purchase of, personal property.

657D-25 Termination of residential or motor vehicle leases by lessees.

657D-26 Life insurance policies; penalties.

657D-27 Extension of benefits to dependents.

657D-31 Definitions.

657D-32 Persons entitled to benefits; applications; amount of insurance protected.

657D-33 Form of application; reports to insurance commissioner by insurer; policy deemed modified upon application for protection.

657D-34 Determination of policies entitled to protection; notice to parties; lapse of policies for nonpayment of premiums, etc.

657D-35 Rights and privileges of insured during period of protection.

657D-36 Deduction of unpaid premiums upon settlement of policies maturing during protection.

657D-37 Guarantee of premiums and interest by State; settlement of amounts due upon expiration of protection; subrogation of state crediting debt repayments.

657D-38 Rules; finality of determinations.

657D-41 Taxes respecting personalty, money, credits, or realty; sale of property to enforce collection; redemption of property sold; penalty for nonpayment; notice of rights to beneficiaries of section.

657D-42 Rights to public lands not forfeited; grazing lands.

657D-43 Income taxes; collection deferred; interest; statute of limitations.

657D-51 Transfers to take advantage of chapter.

657D-52 Certificates of service; persons reported missing.

657D-53 Revocation of interlocutory orders.

657D-61 Stay of enforcement of obligations, liabilities, taxes.

657D-62 Power of attorney.

657D-63 Reinstatement of health insurance coverage upon release from service.