State Low-Income Housing

HRS div. 1, tit. 20, ch. 356D, pt. III

in effect

HRS §356D-41 Definitions

356D-41. Definitions As used in this subpart, unless a different meaning clearly appears from the context: "Administer" or "administration" means the management, operation, maintenance, and regulation of any state low-income housing project. It also includes any and all undertakings necessary therefor. "Veteran" includes any person who served in the military or naval forces of the United States during World War II and who has been discharged or released therefrom under conditions other than dishonorable. The term "veteran" also includes Filipino World War II veterans who served honorably in an active duty status under the command of the United States Armed Forces in the Far East (USAFFE), or within the Philippine Army, the Philippine Scouts, or recognized guerilla units. The Filipino World War II veterans must have: served at any time between September 1, 1939, and December 31, 1946; been born in the Philippines; and resided in the Philippines prior to the military service. [L 2006, c 180, pt of §2]

HRS §356D-42 Housing; tenant selection

356D-42. Housing; tenant selection (a) The authority shall select tenants upon the basis of those in greatest need for the particular housing, subject to the following limitations and preferences: (1) The authority may limit the tenants of any state low-income housing project to classes of persons when required by federal law or regulation as a term or condition of obtaining assistance from the federal government; (2) Within the priorities established by the authority recognizing need, veterans with a permanent disability of ten per cent or more, as certified by the United States Department of Veterans Affairs, and their dependent parents, if any. The deceased veteran's spouse shall be given first preference. Parents of veterans shall not use the veteran status of their adult child as a basis for preference; and (3) Subject to any limitations set by federal law or regulation, the authority shall not select as a tenant, and may terminate the tenancy of, any person if the person or any household member owns or acquires a home within the State. (b) The authority shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2006, c 180, pt of §2; am L 2013, c 148, §3 and c 223, §1; am L 2023, c 99, §2]

HRS §356D-43 Rentals

356D-43. Rentals (a) Notwithstanding any other law to the contrary, the authority shall fix the rates of the rentals for dwelling units and other facilities in state low-income housing projects provided for by this subpart, at rates that will produce revenues that will be sufficient to pay all expenses of management, operation, and maintenance, including the cost of insurance, a proportionate share of the administrative expenses of the authority to be fixed by it, and the costs of repairs, equipment, and improvements, to the end that the state low-income housing projects shall be and always remain self-supporting. The authority, in its discretion, may fix the rates in amounts as will produce additional revenues (in addition to the foregoing) sufficient to amortize the cost of the state low-income housing project or projects, including equipment, over a period or periods of time that the authority may deem advisable. (b) Notwithstanding any other law to the contrary, if: (1) Any state low-income housing project or projects have been specified in any resolution of issuance adopted pursuant to part I; (2) The income or revenues from any project or projects have been pledged by the authority to the payment of any bonds issued under part I; or (3) Any of the property of any state low-income housing project or projects is security for the bonds, the authority shall fix the rates of the rentals for dwelling units and other facilities in the state low-income housing project or projects so specified or encumbered at increased rates that will produce the revenues required by subsection (a) and, in addition, those amounts that may be required by part I, by any resolution of issuance adopted under part I, and by any bonds or mortgage or other security issued or given under part I. [L 2006, c 180, pt of §2]

HRS §356D-44 Administration of state low-income public housing projects and programs

356D-44. Administration of state low-income public housing projects and programs (a) The authority shall construct, develop, and administer property or housing for the purpose of state low-income public housing projects and programs. (b) The authority shall offer any decommissioned low-income public housing project, except for federal housing projects, to nonprofit or for-profit organizations or government agencies for rehabilitation into emergency or transitional shelter facilities for the homeless or rehabilitation into rental units that set aside at least fifty per cent of the units to persons or families with incomes at or below fifty per cent of the area median family income; provided that: (1) The housing project is wholly owned by the State on either state-owned or ceded lands; (2) The authority has determined that the housing project is not eligible for rehabilitation using the authority's current resources; and (3) The nonprofit or for-profit organization or government agency demonstrates expertise in rehabilitation of housing projects and has community, public, and private resources to substantially pay for the rehabilitation. The land and improvements may be leased to the nonprofit or for-profit organization or government agency for a period not to exceed ninety-nine years for a sum of $1 per year. (c) The authority shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the state low-income housing projects or programs and to carry out any state program under subsection (a). [L 2006, c 180, pt of §2; am L 2007, c 249, §35; am L 2017, c 114, §2]

HRS §356D-45 State low-income housing revolving fund

356D-45. State low-income housing revolving fund There is established a revolving fund to be known as the state low-income housing revolving fund. Notwithstanding any law to the contrary, moneys received by the authority under or pursuant to this subpart, including refunds, reimbursements, rentals, fees, and charges received from tenants, shall be deposited in the state low-income housing revolving fund. Except as otherwise provided in this chapter, the state low-income housing revolving fund may be expended by the authority for any and all of the purposes of this subpart, including without prejudice to the generality of the foregoing, the expenses of management, operation, and maintenance of state low-income housing projects, including but not limited to: (1) The cost of insurance, a proportionate share of the administrative expenses of the authority, and the cost of repairs, equipment, and improvement; (2) The acquisition, clearance, and improvement of property; (3) The construction and reconstruction of building sites; (4) The construction, reconstruction, repair, remodeling, extension, equipment, and furnishing of any state low-income housing project; (5) Administration and other expenses; (6) The payment of rentals; and (7) The development and administration of any state low-income housing project. [L 2006, c 180, pt of §2]

HRS §356D-45.5 Delinquent accounts

356D-45.5. Delinquent accounts (a) Notwithstanding section 40-82, the authority, with the approval of the attorney general, may delete from its account receivable records delinquent accounts for vacated units within state low-income public housing projects that have been delinquent for at least 90 days. (b) The delinquent accounts may be assigned to a collection agency. [L 2013, c 40, §1]

HRS §356D-46 Investigatory powers

356D-46. Investigatory powers (a) The authority may: (1) Investigate living, dwelling, and housing conditions and the means and methods of improving those conditions; (2) Enter upon any building or property to conduct investigations or to make surveys or soundings; (3) Conduct examinations and investigations, and hear testimony and take proof under oath at public or private hearings on any matter material for its information; (4) Issue subpoenas requiring the attendance of witnesses or the production of books and papers, and order the examination of witnesses who are unable to attend before the authority, are excused from attendance, or by leave of courts as provided by chapter 624, are out of the State; and (5) Make available to any government agency charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or unsanitary structures within its jurisdictional limits, its findings and recommendations with regard to any building or property where conditions exist that are dangerous to the public health, safety, or welfare. (b) Investigations or examinations may be conducted by the authority, or by a committee appointed by it consisting of one or more members of the board, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any person designated by the authority to conduct an investigation or examination may administer oaths, take affidavits, and issue subpoenas or orders for the taking of depositions. [L 2006, c 180, pt of §2]

HRS §356D-47 Government aid; political subdivisions

356D-47. Government aid; political subdivisions Any political subdivision may appropriate moneys for the purposes of meeting any local participation in housing costs or expenses required to obtain assistance from the federal government in the development and administration of state low-income housing projects and programs under this subpart, or of providing funds for use by the authority in developing and administering state low-income housing projects. [L 2006, c 180, pt of §2]

HRS §356D-50 Additional powers

356D-50. Additional powers The powers conferred upon the authority by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities conferred. [L 2006, c 180, pt of §2]

HRS §356D-51 Definitions

356D-51. Definitions As used in this subpart, unless a different meaning clearly appears from the context: "State low-income housing project" means any state low-income housing project or projects owned, managed, administered, or operated by the authority. "Tenant" includes any person occupying a room, dwelling unit, living quarters, or space in any state low-income housing project, under or by virtue of any tenancy lease, license, or permit under or from the authority. [L 2006, c 180, pt of §2]

HRS §356D-52 Lien on personalty for rent, etc

356D-52. Lien on personalty for rent, etc (a) The authority shall have a statutory lien on all personal property, not exempt from execution, belonging to, or in the lawful possession of, every tenant while the personal property is in or upon any state low-income housing project, for the amount of its proper charges against the tenant for rent of a room, dwelling unit, living quarters, or space in the state low-income housing project, or for utilities, facilities, or services in the state low-income housing project. The lien shall commence with the tenancy or occupancy of the tenant and continue for one year after the charge or charges are due and owing to the authority. (b) Whenever any tenant fails or refuses to pay the charge or charges after the same are so due and owing, the authority shall have the right and power, acting by its authorized agents or representatives, without process of law and without any liability for the taking, seizure, and retention of the personal property, to take and seize any of the personal property belonging to, or in the lawful possession of, the tenant that is found in or upon the public housing project. The authority may hold and retain the property as security for the payment of the charge or charges, until the amount of the charge or charges is paid and discharged. If the charge or charges, so due and owing, are not paid and discharged within thirty days after the taking and seizure, the authority may sell the personal property in the manner provided in section 356D-53. [L 2006, c 180, pt of §2]

HRS §356D-53 Foreclosure of lien, notice, etc

356D-53. Foreclosure of lien, notice, etc (a) The lien of the authority upon personal property that has been taken and retained by it as provided in section 356D-52 may be foreclosed by the authority by selling the property at public auction: (1) After first mailing by United States mail, postage prepaid, a notice of the foreclosure addressed to the tenant who owns, or was in possession of, the personal property at the tenant's last address shown on the records of the authority. The notice shall state that, unless the charge or charges then due and owing from the tenant to the authority are paid within ten days from the time of mailing the notice, the personal property will be sold at public auction; and (2) After first giving public notice of the foreclosure and sale at least two times in the county in which the personal property is located. Each notice shall contain a brief description of the personal property; the name of the tenant, if known; the name of the owner of the personal property, if known; the amount of the charge or charges; and the time and place of the sale. Notices of several foreclosures and sales may be combined in one notice; and whenever so combined and given, the expenses of notice and sale shall be a statutory lien upon the property described in the notice in a ratable proportion according to the amount received for each lot of property so noticed for sale. (b) If the tenant fails to pay to the authority within ten days after the mailing of the notice of foreclosure the charge or charges, the authority may sell the property at public auction at the time and place stated in the notice, or at a time or times or place or places to which the sale may be postponed or adjourned at the time and place stated in the notice, and may apply the proceeds thereof to the payment of the charge or charges and the expenses of notice and sale. The balance, if any remaining, shall be paid over to the tenant who formerly owned, or was in possession of, the property. If the balance is not claimed by the tenant within thirty days after the sale, then the balance shall be paid over to the director of finance and it shall be kept by the director in a special deposit for a period not to exceed six months. If claimed by the tenant during that period, it shall be paid to the tenant. If no claim is made during the period, the sum shall become a government realization and be paid into the general fund. [L 2006, c 180, pt of §2]

HRS §356D-54 Sheriff or police to assist

356D-54. Sheriff or police to assist The authority, in taking, seizing, holding, retaining, or selling any personal property pursuant to sections 356D-52 and 356D-53, may require the assistance of the sheriff or any authorized police officer of any county. Any sheriff or officer, when required, shall assist the authority. [L 2006, c 180, pt of §2]

HRS §356D-55 Existing contracts not impaired

356D-55. Existing contracts not impaired Sections 356D-52 and 356D-53 shall not be construed as to impair or affect the obligation of any contract existing on or before May 9, 1949. L 2006, c 180, pt of §2

HRS §356D-56.1 Disposition of abandoned or seized property

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. [L 2013, c 147, §1]

HRS §356D-57 Disposition of surplus proceeds

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. Note Section 356D-56 referred to in text is repealed. For present provision, see §356D-56.1. [L 2006, c 180, pt of §2]

HRS §356D-58 Lien attaches to personalty in possession

356D-58. Lien attaches to personalty in possession Sections 356D-56 and 356D-57 shall also apply to any personal property which, before May 2, 1949, was left in or about any public housing project, and was taken into the possession of the authority or its predecessor in interest, as herein set forth and provided. Note Section 356D-56 referred to in text is repealed. For present provision, see §356D-56.1. [L 2006, c 180, pt of §2]

HRS §356D-59 Priority of housing lien

356D-59. Priority of housing lien The statutory liens provided for in this subpart shall be preferred and have priority over all other liens or claims and over all attachments or other process. L 2006, c 180, pt of §2

HRS §356D-60 Rights and powers; supplemental

356D-60. Rights and powers; supplemental The rights and powers conferred upon the authority by this subpart shall be in addition and supplemental to the rights and powers conferred upon the authority by any other law. L 2006, c 180, pt of §2

HRS §356D-61 Definitions

356D-61. Definitions As used in this subpart: "Party" means each person or agency named or admitted as a party or properly seeking and entitled as the right to be admitted as a party in any court or agency proceeding. "State low-income housing project" means any state low-income public housing project and program or elder or elderly housing owned, managed, administered, or operated by the authority in accordance with sections 356D-44 and 356D-71. "Tenant" means any person occupying a dwelling accommodation or living quarters in any state low-income housing project, under or by virtue of any tenancy, lease, or rental agreement under or from the authority. [L 2018, c 204, pt of §1]

HRS §356D-62 Termination and evictions

356D-62. Termination and evictions (a) Except as otherwise provided by law, 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 state low-income 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 provision of a lease, rental agreement, permit, or license; (3) Violation of any rule 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 paragraph (2) or (3), or this paragraph by a person who is not a tenant, a guest who is visiting a tenant, or any member of the tenant's household shall be deemed a violation by the tenant; or (6) The existence of any other circumstances giving rise to an immediate right to possession by the authority. (b) When any lease, rental agreement, permit, or license is subject to termination pursuant to subsection (a), the authority, either directly or through its managing agent, shall provide the tenant with a written notice that shall inform the tenant of any violation, failure, or circumstances giving rise to an immediate right to possession by the authority and, if the tenant has been delinquent in payment of rent, the amount of that delinquency. [L 2018, c 204, pt of §1]

HRS §356D-63 Hearings

356D-63. Hearings (a) When the authority proposes to terminate a lease, rental agreement, permit, or license and evict a tenant under section 356D-62, a hearing shall be held to determine whether cause exists for the action. The authority shall give written notice to the tenant specifying the reason for the eviction and the date, time, and place of the hearing. The written notice shall further inform the tenant of the right to inspect and copy the tenant's file at the tenant's expense before the hearing is held. The written notice shall be given at least five days before the date of the hearing. At the hearing, before final action is taken, the tenant shall be entitled to be heard in person or through counsel, and granted a full and fair hearing in accordance with the requirements of a contested case hearing 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 authority pursuant to chapter 91. (b) Hearings shall be conducted by an eviction board appointed by the authority. The eviction board shall consist of no fewer than two persons, and no more than three persons, of which one member shall be a tenant. If feasible, the eviction board may conduct hearings using video conferencing technology; provided that these hearings shall be conducted pursuant to chapter 91. The findings, conclusions, decision, and order of the eviction board shall be final unless an appeal is taken pursuant to section 91-14. (c) The eviction board shall have the same powers with respect to administering oaths, compelling the attendance of witnesses and the production of documentary evidence, and examining witnesses, as those of the circuit courts. In case of a violation 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, a circuit court judge, upon application by the eviction board, may compel compliance with the order or subpoena, or compel testimony. [L 2018, c 204, pt of §1]

HRS §356D-64 Eviction

356D-64. Eviction (a) If the eviction board finds cause to terminate a lease, rental agreement, permit, or license and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy. The written notice shall inform the tenant that a writ of possession may be issued by the authority within ten business days. The written notice shall also inform the tenant whether the grounds for eviction are curable and, if so, specify the methods to remedy the grounds, timeframe for completion, and documentation required to prove to 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 written notice under subsection (a) to cure the grounds. If the grounds are cured within the ten-day period, no writ of possession shall be issued. If the grounds are not cured within the ten-day period, the authority may issue a writ of possession. (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 lease, rental agreement, permit, or license. (d) Enforcement of the order by a writ of possession shall be effected either by a process server appointed by the authority, who shall have all of the powers of a police officer for all actions 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 tenant against whom the order is entered, and those of any persons using the premises incident to the tenant'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 taken for the expenses incurred by the authority in moving and storing the property, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after thirty days. [L 2018, c 204, pt of §1]

HRS §356D-65 Ex parte motion

356D-65. Ex parte motion If a tenant cannot be served with an order of eviction or writ of possession, and the authority receives an affidavit or declaration stating this fact, service on the tenant may be made in accordance with a special order of the authority. The order shall require the process server 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. [L 2018, c 204, pt of §1]

HRS §356D-66 Judicial review

356D-66. Judicial review (a) Any tenant aggrieved by a final decision and order of the authority or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive the appellant of adequate relief is entitled to judicial review thereof under this subpart. (b) Except as otherwise provided in this section, proceedings for review shall be instituted in the circuit court within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the authority pursuant to the rules of the court, except where a statute provides for a direct appeal to the intermediate appellate court. In such cases, the appeal shall be treated in the same manner as an appeal from the circuit court, including payment of the fee prescribed by section 607-5 for filing the notice of appeal. The court in its discretion may permit other interested persons to intervene. (c) The proceedings for review shall not stay enforcement of the decision of the authority; provided that the authority or the reviewing court may order a stay upon terms as it deems proper. (d) Within twenty days after the determination of the contents of the record on appeal in the manner provided by the rules of court, or within such further time as the court may allow, the authority shall transmit to the reviewing court the record of the proceeding under review. The court may require or permit subsequent corrections or additions to the record when deemed desirable. (e) If, before the date set for hearing, application is made to the court for leave to present additional evidence and the evidence is material and good cause exists for the failure to present the evidence in the proceeding before the authority, the court may order the authority to hear the evidence upon the conditions as the court deems proper. The authority may modify its findings, decision, and order by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modification of its findings, decision, or order. (f) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the authority and not shown in the record, testimony thereon may be taken in court. The court, upon request by any party, may hear oral arguments and receive written briefs. (g) Upon review of the record, the court may affirm the decision of the authority or remand the case with instructions for further proceedings, or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority or jurisdiction of the authority; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. [L 2018, c 204, pt of §1]

HRS §356D-67 Appeals

356D-67. Appeals An aggrieved party may secure a review of any final judgement of the circuit court under this subpart by appeal to the appellate courts, subject to chapter 602. The appeal shall be taken in the manner provided in the rules of court. L 2018, c 204, pt of §1

HRS §356D-68 Rules

356D-68. Rules The authority may adopt rules pursuant to chapter 91 necessary for the purposes of this subpart. L 2018, c 204, pt of §1

HRS §356D-70 Renumbered

356D-70. Renumbered as §356D-60.

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0356D/HRS_0356D-.htmFetched: 11/10/2026