Report Title:

Public Housing; Evictions

 

Description:

Shortens time for notice, meeting, and grievance requirements for violations with rental agreements, leases, violation of rules, or maintenance in public housing.  Streamlines eviction process in public housing.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1521

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING to public housing.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 356D-92, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (b) and (c) to read:

     "(b)  When any tenant [has been delinquent in payment of rent,] is in noncompliance with any of the provisions in subsection (a)(2) to (5), the authority, either directly or through its managing agent, shall provide the tenant with a written notice no later than [forty-five] five days from the date of delinquency that shall inform the tenant of the delinquency and schedule a meeting between the tenant and the authority or its agent.  The written notice shall:

     (1)  Inform the tenant that continued [delinquency] noncompliance shall result in the tenant's eviction;

    [(2) Inform the tenant of the tenant's right to apply for an interim adjustment in rent;]

    [(3)] (2)  Explain to the tenant the steps of the grievance and eviction processes and how the processes protect the tenant;

    [(4)] (3) Provide the tenant with a sample letter for demanding a grievance hearing;

    [(5)] (4) Set forth the location, date, and time, which shall be no earlier than [fourteen] five days from the date of the written notice, at which the tenant may meet with the authority or its agent to discuss [the delinquency in rent;] noncompliance with any provision in subsection (a)(2)to (5); and

    [(6)] (5) Inform the tenant that the tenant shall either attend the meeting or, if applicable, contact the authority or the authority's agent before the meeting time to reschedule the meeting.

     (c)  At the meeting described in subsection (b), the authority or its agent shall:

     (1)  Inquire into the cause of the tenant's [delinquency] noncompliance and offer suggestions, if any, [that the authority may feel appropriate to address the causes of delinquency;] as the authority deems necessary to cure the noncompliance; and

    [(2)  Consider whether a reasonable payment plan is appropriate for the tenant's situation and, if appropriate, offer a payment plan to the tenant; and]

    [(3)] (2)  Inform the tenant of and explain the issues as required under subsection (b)(1), (2), and (3)."

2.  By amending subsections (e) and (f) to read as follows:

     "(e)  If the tenant fails to attend or reschedule the meeting provided for in subsection (b), the authority shall provide the tenant with a second written notice.  The notice shall inform the tenant that:

     (1)  The authority shall proceed to terminate the tenant's tenancy because of the tenant's [outstanding rent delinquency] noncompliance with any of the provisions in subsection (a)(2) to (5) and the tenant's failure to respond to the authority's written notice issued pursuant to subsection (b);

     (2)  The tenant has [ten] five business days from receipt of the second written notice to request a grievance hearing; and

     (3)  If the tenant fails to request a grievance hearing within [ten] five business days, the authority has the right to proceed with the eviction hearing pursuant to section 356D-93.

     (f)  If the tenant meets with the authority as provided for in subsection (b), the authority shall decide, based upon the facts discussed at the meeting, what action is appropriate to address the tenant’s case.  The authority shall notify the tenant of its decision in writing.  If the authority decides to proceed with an action to terminate the tenancy, the authority shall further inform the tenant in the same written notice that:

     (1)  The tenant has [ten] five business days from receipt of this notice to request a grievance hearing; and

     (2)  If the tenant fails to request a grievance hearing within [ten] five business days, the authority has the right to proceed with the eviction hearing pursuant to section 356D-93."

     SECTION 2.  Section 356D-94, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  If it is proven to the satisfaction of the eviction board that there is cause to terminate a lease or rental agreement and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy.  The notice shall inform the tenant that a writ of possession may be issued by the authority within [ten] five business days.  The notice shall also inform the tenant whether the grounds for eviction are considered curable and, if so, what the tenant must do to remedy the grounds, by when it must be done, and what the tenant must do to document for the authority that the grounds have been remedied."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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