Bill Text: HI HB888 | 2013 | Regular Session | Introduced
Bill Title: Public Housing; Disposition of Abandoned or Seized Property
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-06-25 - Act 147, on 6/21/2013 (Gov. Msg. No. 1250). [HB888 Detail]
Download: Hawaii-2013-HB888-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
888 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DISPOSITION OF PERSONAL PROPERTY ON PUBLIC HOUSING PROPERTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 356D-56, Hawaii Revised Statutes, is amended to read as follows:
"[[]§356D-56[]Lien on
abandoned personalty, sale, etc. Whenever the authority has in its
possession for four months after the termination of any residency or occupancy mentioned
in this subpart, any personal property that has been left in or about any state
low-income housing project by any person who formerly resided in, or occupied a
room, dwelling unit, living quarters, or space in the state low-income housing
project, the authority may sell the same at public auction. The proceeds of
sale shall be applied to the payment of its charges for storage of the personal
property, for public notice and sale, and to the payment of other amounts, if
any, then due and owing to it from the former resident or occupant for rent or
for any utility or service. Before any sale is made, the authority shall first
give public notice of the time and place of sale at least two times in the
county in which the personal property is located. The notice shall contain a
brief description of the property; the name, if known, of the former resident
or occupant who left the property in or about the housing project; the amount
of the charges for storage, if any; and the indebtedness, if any; and the time
and place of the sale. The charges for storage, if any, and for notice and
sale, and the indebtedness, if any, shall be a lien upon the personal
property. Notices of several sales may be combined and given in one notice,
and whenever combined and given, the expenses of notice and sale shall be a
lien and shall be satisfied in ratable proportion according to the amount
received for each lot of property so noticed for sale.] 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. Where the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises where 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 where the property was abandoned or seized; provided that the disposition shall not take place less 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 where the property was abandoned or seized. Where 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, 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 remedies available to the owner of abandoned or seized property are limited to those provided in subsections (e) and (g) of this section. 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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BY REQUEST |
Report Title:
Hawaii Public Housing Authority; Disposition of Abandoned or Seized Property
Description:
Provides the process by which the Hawaii Public Housing Authority may dispose of abandoned or seized property that it has acquired on state public housing projects.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
