Amends pre-eviction procedures for public housing tenants delinquent in rent payment, to require delivery of notice by certified mail. Clarifies that an eviction hearing is a contested case proceeding and requires that notice so inform tenants in plain language. Reenacts an administrative appeal process.

A BILL FOR AN ACT

SECTION 1. The procedures currently in place for evicting public housing tenants require correction to curtail abuses of the due process rights of tenants who have limited access to legal counsel and do not understand legal language, process, or procedures.

The purpose of this Act is to further amend certain amendments made by Act 227, Session Laws of Hawaii 2002, to make these amendments permanent, and to reenact certain provisions of subpart C of part II of chapter 201G, Hawaii Revised Statutes, relating to evictions.

SECTION 2. Chapter 201G is amended by adding a new section to subpart C of part II to be appropriately designated and to read as follows:

"§201G-A Appeal. (a) Within five days after the issuance of an order under section 201G-53, an appeal may be taken to the administration. Notwithstanding any other law to the contrary, the appeal shall be heard and decided by the administration or an appeals board appointed by the administration.

(b) The administration shall review the record of the eviction board. The administration or appeals board shall have the same powers in connection with appeals as the eviction board in section 201G-53, and the decision of the administration or appeals board in the appeal shall be final.

(c) The administration shall adopt rules that provide for:

SECTION 3. Section 201G-52, Hawaii Revised Statutes, is amended to read as follows:

"§201G-52 Termination and eviction. (a) Except as otherwise provided, the administration 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:

(b) When any tenant has been delinquent in payment of rent, the administration, either directly or through its managing agent, shall provide the tenant with a written notice by certified mail 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 administration or its agent. The written notice shall[:], in languages deemed necessary, inform the tenant that:

The administration shall post notices at each public housing project indicating services available to tenants, at the expense of the administration, to assist them in understanding the grievance and eviction processes.

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

(d) The administration shall develop a checklist outlining all of the requirements listed in subsection (c). The administration or its agent and the tenant shall complete, sign, and date the checklist to memorialize the meeting.

(e) If the tenant fails to attend or reschedule the meeting provided for in subsection (c), the administration shall [provide] contact the tenant to schedule an appointment before providing the tenant with a second written notice by certified mail. The second notice shall inform the tenant that:

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

SECTION 4. Section 201G-53, Hawaii Revised Statutes, is amended to read as follows:

"§201G-53 Hearings. (a) Where the administration proposes to terminate a lease, rental agreement, permit, or license, and evict a tenant, licensee, or other occupant under section 201G-52, a grievance hearing shall be held to determine whether cause exists for the action. The administration shall give written notice to the person concerned [specifying] that explains the contested case procedure and how to prepare for the hearing, and specifies the reason for which the eviction is proposed and fixing the date and place of hearing. The written notice shall further inform the tenant, licensee, or other occupant of the right to inspect and copy the tenant file at the tenant's expense before the hearing is held. The notice shall be given at least [five] fifteen days before the date set for the hearing. At the grievance hearing, before final action is taken, the person concerned shall be entitled to be heard in person or through counsel, and shall be accorded a full and fair hearing in accordance with the requirements of a contested case hearing provided for under sections 91-9 and 91-10 to 91-13. This full and fair hearing shall be deemed to be a contested case hearing before the agency that is required pursuant to chapter 91.

(b) Hearings shall be conducted by an eviction board appointed by the administration. The eviction board shall consist of not fewer than three persons, of which one member shall be [a tenant.] an advocate for tenants' rights. At least one eviction board shall be established in each county of the State. The findings, conclusions, decision, and order of the eviction board shall be final unless an appeal is taken as hereinafter provided.

(c) The eviction board shall have the same powers respecting administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as are possessed by circuit courts. In case of disobedience by any person of any order of the eviction board, or of any subpoena issued by the eviction board, or the refusal of any witness to testify to any matter regarding which the witness may lawfully be questioned, any circuit judge, on application by the eviction board, shall compel obedience as in the case of disobedience of the requirements of a subpoena issued by a circuit court, or a refusal to testify therein."

SECTION 5. Section 201G-55, Hawaii Revised Statutes, is amended to read as follows:

"§201G-55 Eviction. (a) If it is proven to the satisfaction of the eviction board that there is cause to terminate a lease, rental agreement, permit, or license and evict the tenant, licensee, or other occupant, the administration shall provide the tenant with a written notice of the administration's decision to terminate the lease. The notice shall inform the tenant that a writ of possession may be issued by the administration [within ten] after thirty days. The notice shall also inform the tenant [of] 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 administration that the grounds have been remedied.

(b) When the grounds for termination of the lease may be cured by the occupant, licensee, or other occupant, the tenant shall have [ten] thirty days from receipt of the notice provided for in subsection (a) to cure such grounds. If the grounds are cured within the [ten-day] thirty-day period, no writ of possession [may] shall be issued. If the condition is not cured within the [ten-day] thirty-day period, the administration may issue a writ of possession forthwith.

(c) The administration may adopt rules to define curable and noncurable grounds for eviction pursuant to chapter 91. The administration 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, except for good cause shown.

(d) Enforcement of the order by a writ of possession shall be effected, no sooner than ten days after the order is issued or affirmed on appeal pursuant to section 201G-A, either by an officer appointed by the administration, who shall have all of the powers of a police officer for all action in connection with the enforcement of the order, or by the 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 administration 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 administration. If the action is taken, the administration shall have a lien on the property so taken for the expenses incurred by it in moving and storing the same, and the administration is authorized to sell or otherwise dispose of the property, if unclaimed after thirty days."

SECTION 6. Section 201G-56, Hawaii Revised Statutes, is amended to read as follows:

"§201G-56 Ex parte motion. If a tenant or licensee cannot be served with an order of eviction or writ of possession[,] by certified mail, and the facts shall appear by affidavit to the administration, service to the tenant or licensee may be made according to the special order of the administration. The order shall require the officer to affix a certified copy of the order of eviction or writ of possession in a conspicuous place upon the premises such as the door or wall of the dwelling unit."

SECTION 7. Act 227, Session Laws of Hawaii 2002, is amended by amending section 13 to read as follows:

"SECTION 13. This Act shall take effect upon its approval [and shall be repealed on July 1, 2007; provided that sections 201G-33, 201G-51, 201G-52, 201G-53, 201G-54, 201G-55, and 201G-56, Hawaii Revised Statutes, are reenacted in the form in which they read on the day before the approval of this Act]."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2006.