Haw. Code R. § 17-2020-33 - Curable and Non-Curable Violations

(a) The eviction board shall determine whether or not the violation of the rental agreement constitutes a curable or non-curable violation. A violation is curable if the violation for which the tenant is being referred is a first offense and is not defined as a non-curable violation.

(b) Non-curable violations include:

(1) Any violations that threaten the health or safety of the other residents or the authority's employees or representatives;

(2) Any drug-related criminal activity or violent criminal activity;

(3) Any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the other residents or the authority's employees or representatives;

(4) Where the tenant has received notice from the United States Department of Housing and Urban Development that the tenant is no longer eligible to remain in the unit;

(5) Where any member of the family has been convicted of a felony during the term of the tenancy, and the felony is related to the authority's property or funds, the resident association or tenant association's property or funds, homicide, assault, terroristic threatening, firearms, dangerous weapons, kidnapping, sexual assault, extortion, burglary, unauthorized control of propelled vehicle, and criminal property damage; and

(6) Where 24 C.F.R. §966.4 as it existed on March 28, 2013 requires termination of the rental agreement and eviction.

(c) Where, after considering the circumstances of the case, the eviction board finds the violation is curable, the eviction board may issue a decision and order which stays the issuance of a writ of possession on the condition that the tenant and if applicable, member(s) of tenant's family, comply with certain conditions related to occupancy for a period of time as established by the eviction board.

(d) In the event that the eviction board stays the issuance of the writ of possession subject to conditions as described in subsection (c), and the tenant or if applicable, family member(s), violate any term or condition imposed by the eviction board in its decision and order, the eviction board shall issue the writ of possession and the tenant shall be evicted forthwith provided that:

(1) The authority sends a written notice to the tenant stating:

(i) The grounds for requesting the issuance of a writ of possession;

(ii) The condition of the eviction board's decision and order violated by tenant or if applicable, family member;

(iii)The tenant is not entitled to a grievance hearing; and

(iv) The date the hearing is scheduled before the eviction board to determine whether the tenant violated the board's decision and order; and

(2) At the hearing, the eviction board determines that its decision and order was violated. If the tenant fails to appear at the hearing, the tenant shall be in default and the eviction board shall issue the writ of possession forthwith and the tenant shall be evicted.

Notes

Haw. Code R. § 17-2020-33

[Eff 8/6/04; am and comp MAY 24 2014] (Auth: 24 CFR §966.4; HRS §§ 356D-4, 356D-13, 356D-94, 356D-98) (Imp: 24 CFR §5.100; 24 CFR §966.4; HRS § 356D-94, 356D-98)