Bill Text: HI HB1573 | 2011 | Regular Session | Introduced

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Bill Title: Public Housing; Evictions

Spectrum: Moderate Partisan Bill (Democrat 14-3)

Status: (Introduced - Dead) 2011-02-02 - (H) The committee(s) recommends that the measure be deferred. [HB1573 Detail]

Download: Hawaii-2011-HB1573-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1573
TWENTY-SIXTH LEGISLATURE, 2011
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.  The legislature finds that more than $2,000,000 is owed to the State by current and former tenants of public housing units.  Rent for public housing units can be as low as $50 per month and it can take upwards of seven months to evict a tenant, following a convoluted process requiring multiple notices.

     The legislature further finds it necessary to streamline the process applying federal guidelines in an effort to collect these arrears and to make room for more responsible tenants.  Rotating tenants will also provide opportunities for those who have been waiting for a public housing unit for years.

     Homelessness is the State's second largest problem, and the number of invisible homeless is said to be more than 10,000.  Hawaii's invisible homeless should also be given a chance to transition through affordable rental units such as public housing.

     The legislature further finds that many public housing units are sorely in need of repairs.  As the state budget is depleted, it is even more critical to protect these resources to ensure that the authority can stay solvent and be able to keep units in good repair.  It is important, therefore, for tenants to contribute more to the sustainability of these projects.  Residents who, despite job training and placement assistance, do not pay rent, should be evicted to make room for more responsible tenants who have been waiting for a unit.

     In 2008, the legislature passed a resolution to increase the minimum rent, but as of today, the Hawaii public housing authority has not implemented the rent increase.  The purpose of this Act is to streamline the eviction process in public housing to make room for responsible tenants.

     SECTION 2.  Section 356D-92, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsections (b) and (c) to read:

     "(b)  When any tenant [has been delinquent in payment of rent,] does not comply with any of the provisions in subsection (a)(2) to (5), the authority, either directly or through its managing agent, shall provide the tenant with a written notice 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 authority or its agent.  The written notice shall:

     (1)  Inform the tenant that continued [delinquency] noncompliance shall result in the tenant's eviction;

    [(2)  Inform the tenant of the tenant's right to apply for an interim adjustment in rent;

     (3)] (2)  Explain to the tenant the steps of the grievance and eviction processes and how the processes protect the tenant;

    [(4)] (3)  Provide the tenant with a sample letter for demanding a grievance hearing;

    [(5)] (4)  Set forth the location, date, and time, which shall be no earlier than fourteen days from the date of the written notice, at which the tenant may meet with the authority or its agent to discuss the delinquency in rent; and

    [(6)] (5)  Inform the tenant that the tenant shall either attend the meeting or, if applicable, contact the authority or the authority's agent before the meeting time to reschedule the meeting.

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

     (1)  Inquire into the cause of the tenant's [delinquency] noncompliance and offer suggestions, if any, [that the authority may feel appropriate to address the causes of delinquency;] as the authority deems necessary to cure the noncompliance; and

    [(2)  Consider whether a reasonable payment plan is appropriate for the tenant's situation and, if appropriate, offer a payment plan to the tenant; and

     (3)] (2)  Inform the tenant of and explain the issues as required under subsection (b)(1)[,] and (2)[, and (3)]."

     2.  By amending subsections (e) and (f) to read:

     "(e)  If the tenant fails to attend or reschedule the meeting provided for in subsection (b), the authority shall provide the tenant with a second written notice.  The notice shall inform the tenant that:

     (1)  The authority shall proceed to terminate the tenant's tenancy because of the tenant's [outstanding rent delinquency] noncompliance with any of the provisions in subsection (a)(2) to (5) and the tenant's failure to respond to the authority's written notice issued pursuant to subsection (b);

     (2)  The tenant has [ten] five business days from receipt of the second written notice to request a grievance hearing; and

     (3)  If the tenant fails to request a grievance hearing within [ten] five business days, the authority has the right to proceed with the eviction hearing pursuant to section 356D-93.

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

     (1)  The tenant has [ten] five business days from receipt of this notice to request a grievance hearing; and

     (2)  If the tenant fails to request a grievance hearing within [ten] five business days, the authority has the right to proceed with the eviction hearing pursuant to section 356D-93."

     SECTION 3.  Section 356D-94, Hawaii Revised Statutes, is amended by amending subsection (a) 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 and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy.  The notice shall inform the tenant that a writ of possession may be issued by the authority within [ten] five business days.  The notice shall also inform the tenant 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 authority that the grounds have been remedied."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Public Housing; Evictions

 

Description:

Shortens time for notice, meeting, and grievance requirements for violations with rental agreements, leases, violation of rules, or maintenance in public housing.  Streamlines eviction process in public housing.

 

 

 

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