THE SENATE

S.B. NO.

1105

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.

 

 

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

 


     SECTION 1.  The purpose of this Act is to enhance the cleanliness, upkeep and safety of federal and state low-income public housing projects by authorizing the Hawaii public housing authority to timely dispose of personal property abandoned or seized in or at any federal, elder or elderly housing, and state low-income housing projects, including property remaining upon eviction.

     SECTION 2.  Chapter 356D, Hawaii Revised Statutes, is amended by adding to part I two new sections to be appropriately designated and to read as follows:

     "§356D-  Disposition of property abandoned, seized, or remaining.  (a)  The authority may sell, donate, or otherwise dispose of personal property abandoned or seized in or at any federal, elder or elderly housing, or state low-income housing project, as defined in section 356D-1, 356D-51, or 356D-91, including property remaining upon eviction, upon compliance with the requirements of this section.

     (b)  The authority shall send notice by certified mail, at least five calendar days prior to disposition of the abandoned or seized property determined, in good faith, by the authority to be of value, to the address of the owner of the property abandoned or seized if the owner is known or can be determined.  The notice shall apprise the owner of the identity and location of the property abandoned or seized and of the intent of the authority to sell, donate, or otherwise dispose of the property.  If the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises on which the property was abandoned or seized.

     (c)  If the abandoned or seized property has an estimated value of $500 or more per item, the authority shall also give public notice of the disposition at least once countywide or in a publication of local circulation in the county in which the property was abandoned or seized; provided that the disposition shall not take place fewer than five days after the notice of intent to dispose of the property.  The value of the items shall be estimated at the discretion of the authority.

     (d)  The sale of abandoned or seized property having an estimated value of $500 or more per item as estimated at the discretion of the authority shall be by public auction through oral offers in the county in which the property was abandoned or seized.  If no bid is received, the property may be disposed of as the authority deems appropriate.

     (e)  Any person entitled to the abandoned or seized property determined to be of value, may repossess the property prior to its disposition upon proof of entitlement and payment of all unpaid rent, debts, charges, and fines owed to the authority and all handling, storage (not less than $25 per day), appraisal, advertising, and any other expenses incurred in connection with the proposed disposition of the abandoned or seized property.

     (f)  The requirements of notice by certified mail, public notice and public auction pursuant to subsections (c) and (d) shall not apply when the value of the abandoned or seized property is less than $500 per item.  Such property may be disposed of as the authority deems appropriate.

     (g)  The proceeds of the sale of property abandoned or seized, or remaining upon eviction, after deduction of all unpaid rent, debts, charges, and fines owed to the authority, and all expenses of handling, storage, appraisal, advertising, and other sale expenses, shall be first offset against any amounts owed by the owner to the authority.

     (h)  When the tenant has quit the premises as defined in section 521-8, any property in or at the premises left unsold after conformance with subsections (a) through (g), or otherwise abandoned by the tenant and determined by the authority, in good faith, to be of no value may be disposed of at the authority's discretion without liability to the authority.

     §356D-  Disposition of surplus proceeds.  After the sale of property abandoned or seized, including property remaining upon an ordered eviction or writ of possession, the authority shall apply the proceeds as provided in section 356D-   .  If the balance is not claimed by the former tenant or owner within thirty days after the sale thereof, then the balance shall be paid over to the director of finance and shall be kept by the director in a special deposit for a period not to exceed six months.  If claimed by the former tenant or owner during that period, it shall be paid to the former tenant or owner.  If no claim is made during the period, the sum shall become a government realization and shall be paid into the general fund."

     SECTION 3.  Section 356D-94, Hawaii Revised Statutes, is amended to read as follows: 

     "[[]§356D-94[]]  Eviction.  (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 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.

     (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 notice provided for in subsection (a) to cure the grounds.  If the grounds are cured within the ten-day period, no writ of possession may be issued.  If the grounds are not cured within the ten-day period, the authority may issue a writ of possession forthwith.

     (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 rental agreement.

     (d)  Enforcement of the order by a writ of possession shall be effected either by an officer appointed by the authority, who shall have all of the powers of a police officer for all action 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 person against whom the order is entered, and those of any persons using the premises incident to the person'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 so taken for the expenses incurred by it in moving and storing the same, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after thirty days.]"

     SECTION 4.  Section 356D-56.1, Hawaii Revised Statutes, is repealed.

     ["[§356D-56.1]  Disposition of abandoned or seized property.  (a)  The authority may sell, donate, or otherwise dispose of property abandoned or seized in or around any state low-income housing project upon compliance with the requirements of this section.

     (b)  The authority shall send notice by certified mail, at least five calendar days prior to disposition of the abandoned or seized property, to the address of the owner of the property abandoned or seized if the owner is known or can be determined.  The notice shall apprise the owner of the identity and location of the property abandoned or seized and of the intent of the authority to sell, donate, or otherwise dispose of the property.  If the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises on which the property was abandoned or seized.

     (c)  If the abandoned or seized property has an estimated value of $500 or more per item, the authority shall also give public notice of the disposition at least once statewide or in a publication of local circulation in the county in which the property was abandoned or seized; provided that the disposition shall not take place fewer than five days after the notice of intent to dispose of the property.  The value of the items shall be estimated at the discretion of the authority.

     (d)  The sale of abandoned or seized property having an estimated value of $500 or more per item as estimated at the discretion of the authority shall be by public auction through oral offers in the county in which the property was abandoned or seized.  If no bid is received, the property may be disposed of as the authority deems appropriate.

     (e)  Any person entitled to the abandoned or seized property may repossess the property prior to its disposition upon proof of entitlement and payment of all unpaid rent, debts, charges, and fines owed to the authority and all handling, storage (not less than $25 per day), appraisal, advertising, and any other expenses incurred in connection with the proposed disposition of the abandoned or seized property.

     (f)  The requirement of public notice and public auction pursuant to subsections (c) and (d) shall not apply when the value of the abandoned or seized property is less than $500 per item.  Such property may be disposed of as the authority deems appropriate.

     (g)  The proceeds of the sale of abandoned or seized property, after deduction of all unpaid rent, debts, charges, and fines owed to the authority, and all expenses of handling, storage, appraisal, advertising, and other sale expenses, shall be first offset against any amounts owed by the owner to the State.  Any amount remaining shall be held in trust for the owner of the property for thirty days, after which time the proceeds shall be paid into the authority's appropriate special fund.

     (h)  The State, its officers, employees, and agents shall not be liable to the owner of abandoned or seized property for actions taken pursuant to this section."]

     SECTION 5.  Section 356D-57, Hawaii Revised Statutes, is repealed.

     ["[§356D-57]  Disposition of surplus proceeds.  After the sale, the authority shall apply the proceeds as provided in section 356D-56.  The balance, if any remaining, shall be paid over to the former resident or occupant.  If the balance is not claimed by the former resident or occupant within thirty days after the sale thereof, then the balance shall be paid over to the director of finance and shall be kept by the director in a special deposit for a period not to exceed six months.  If claimed by the former resident or occupant during that period, it shall be paid to the former resident or occupant.  If no claim is made during the period, the sum shall become a government realization and shall be paid into the general fund."]

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST


 


 

Report Title:

Hawaii Public Housing Authority; Disposition of Property Abandoned, Seized, or Remaining at Federal and State Public Housing Properties

 

Description:

Expands the Hawaii Public Housing Authority′s authority to dispose of property seized, abandoned, or remaining in federal, elder or elderly, or state low-income housing projects, including property remaining upon eviction.

 

 

 

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