THE SENATE	S.B. NO.	2870
THIRTY-FIRST LEGISLATURE, 2022
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 by amending subsection (a) to read as follows:

"(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;

(5) Upon a third violation of section 356D-6.5; provided that a violation of any of these terms by a nonresident, a guest who is visiting a resident, or by any member of the resident's household shall be deemed a violation by the resident;

(6) Conviction of a felony committed during the term of the tenancy for an act that:

(A) Occurs on the authority's premises or affects the authority's property, including its administrative offices, its employees, or its employees' property or vehicles; or

(B) Is related to the authority's funds; or

(7) The existence of any other circumstances giving rise to an immediate right to possession by the authority[.];

provided that prior to terminating any lease, rental agreement, permit, or license and evicting from any premises any tenant, licensee, or other occupant, the authority shall consider the severity of any reason to terminate and evict provided for in paragraphs (1) through (7) and make a determination that no alternative remedy is available."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Hawaii Public Housing Authority; Evictions; Alternative Remedy

Description:

Requires the Hawaii Public Housing Authority to consider the severity of the reason to terminate and evict and make a determination that no other alternative remedy is available prior to terminating any lease, rental agreement, permit, or license and evicting from any premises any tenant, licensee, or other occupant.

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