HOUSE OF REPRESENTATIVES

H.B. NO.

1116

TWENTY-SEVENTH LEGISLATURE, 2013

 

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. The legislature finds that state law requires the Hawaii public housing authority to provide a grievance hearing in all eviction actions involving the agency's federal low-income housing program. This requirement is generally consistent with the United States Department of Housing and Urban Development regulations, although federal regulations provide exceptions that permit proceeding with the eviction directly in certain limited circumstances.

The purpose of this Act is to exempt the Hawaii public housing authority from the requirement to provide a grievance hearing if a federal law, rule, regulation, memorandum, notice, contract, or other instrument of the federal government allows public housing agents to terminate tenancy or evict tenants from public housing without following administrative grievance procedures.

SECTION 2. Section 356D-92, Hawaii Revised Statutes, is amended to read as follows:

"356D-92 Termination and eviction. (a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:

(1) Failure to pay rent when due;

(2) Violation of any of the provisions of a lease, rental agreement, permit, or license;

(3) Violation of any of the rules of the authority;

(4) Failure to maintain the dwelling unit in a clean, sanitary, and habitable condition; or

(5) The existence of any other circumstances giving rise to an immediate right to possession by the authority.

(b) When any tenant has been delinquent in payment of rent, the authority, either directly or through its managing agent, shall provide the tenant with a written notice in accordance with requirements imposed under federal law and regulation (24 C.F.R. part 966) that shall inform the tenant of the delinquency.

(c) Where a federal law, rule, regulation, memorandum, notice, contract, or other instrument of the federal government allows public housing agents to terminate tenancy or evict tenants from public housing without following administrative grievance procedures, the termination of tenancy and eviction shall be governed by chapter 521."

SECTION 3. Section 521-7, Hawaii Revised Statutes, is amended to read as follows:

"521-7 Exclusions from application of chapter. Unless created solely to avoid the application of this chapter, this chapter shall not apply to:

(1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services;

(2) Residence in a structure directly controlled and managed by:

(A) The University of Hawaii or any other university or college in the State for housing its own students or faculty or residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university; or

(B) A private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State;

(3) Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser;

(4) Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization;

(5) Transient occupancy on a day-to-day basis in a hotel or motel;

(6) Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon that employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant;

(7) A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease;

(8) Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner's rights;

(9) Occupancy in a homeless facility or any other program for the homeless authorized under part XVII of chapter 346;

(10) Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program[;], except for the termination of tenancy or eviction actions as provided in section 356D-92(c); or

(11) Residence or occupancy in a transitional facility for abused family or household members."

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:

_____________________________

 

 


 


 

Report Title:

Hawaii Public Housing Authority; Termination and Eviction

 

Description:

Authorizes the Hawaii public housing authority to process terminations of tenancy or evictions from the federal low-income public housing program without providing a grievance hearing when permitted by the federal government.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.