Amends the definition of "public housing project" for purposes of evictions from federal public housing. Amends references to the time period in which a public housing tenant has to reuse a grievance hearing in the written notice of eviction to conform to the recently amended grievance procedure rules.

A BILL FOR AN ACT

SECTION 1. Section 201G-51, Hawaii Revised Statutes, is amended by amending the definition of "public housing project" to read as follows:

""Public housing project" or "complex" means a low-income federally assisted housing project [directly] as established by the United States Housing Act of 1937, as amended, and controlled, owned, developed, or managed by the corporation pursuant to [part II, except for subparts F and G.] the federal low rent public housing program."

SECTION 2. Section 201G-52, Hawaii Revised Statutes, is amended 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 (c), the corporation shall provide the tenant with a second written notice. The notice shall inform the tenant that:

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

SECTION 3. Section 201G-53, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Where the corporation proposes to terminate a lease[,] or rental agreement [, permit, or license,] and evict a tenant [, licensee, or other occupant] under section 201G-52, a hearing shall be held to determine whether cause exists for the action. The corporation shall give written notice to the person concerned specifying 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 days before the date set for the hearing. At the 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."

SECTION 4. Section 201G-55, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) 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 [, permit, or license] and evict the tenant [, licensee, or other occupant,] the corporation shall provide the tenant with a written notice of the corporation's decision to terminate the lease. The notice shall inform the tenant that a writ of possession may be issued by the corporation within ten 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 corporation 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,] tenant, the tenant shall have ten days from receipt of the notice provided for in subsection (a) to cure such grounds. If the grounds are cured within the ten-day period, no writ of possession may be issued. If the condition is not cured within the ten-day period, the corporation may issue a writ of possession forthwith."

SECTION 5. 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, and the facts shall appear by affidavit to the corporation, service to the tenant [or licensee] may be made according to the special order of the corporation. 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 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2006.