§356D-94 - Eviction. - Hawaii Statutes

     [§356D-94]  Eviction.  (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 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.

     (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 notice provided for in subsection (a) to cure the grounds.  If the grounds are cured within the ten-day period, no writ of possession may be issued.  If the grounds are not cured within the ten-day period, the authority may issue a writ of possession forthwith.

     (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 rental agreement.

     (d)  Enforcement of the order by a writ of possession shall be effected either by an officer appointed by the authority, who shall have all of the powers of a police officer for all action 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 person against whom the order is entered, and those of any persons using the premises incident to the person'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 so taken for the expenses incurred by it in moving and storing the same, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after thirty days. [L 2006, c 180, pt of §2]