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THE SENATE |
S.B. NO. |
1413 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§356D- Disposition
of abandoned or seized property.
(a) The authority may sell,
donate, or otherwise dispose of property abandoned or seized in or around any
public housing project upon compliance with the requirements of this section.
(b) The authority shall send notice by certified
mail, at least five calendar days before 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 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 before its disposition upon proof of
entitlement and payment of all unpaid rent, debts, charges, and fines owed to
the authority and all handling, storage, appraisal, advertising, and any other
expenses incurred in connection with the proposed disposition of the abandoned
or seized property; provided that storage fees shall be not less than $25 per
day.
(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. The 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, storge, 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 authorityꞌs
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 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
HPHA; Public Housing; Abandoned Property; Seized Property
Description:
Allows the Hawaii Public Housing Authority to sell, donate, or dispose of property abandoned or seized in federal public housing projects. Requires the HPHA to notify the known owner of the abandoned or seized property. Establishes procedures for persons entitled to the abandoned or seized property. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.