Haw. Code R. § 17-2021-21 - Decision of the hearing officer

(a) The hearing officer shall prepare a written decision, together with the reasons therefor, within ten business days after the hearing. A copy of the decision shall be sent to the complainant and the authority. A copy of the decision with all names and identifying references deleted, shall also be maintained on file by the authority and made available for inspection by a prospective complainant, the complainant's representative, or the hearing officer.

(b) The decision of the hearing officer shall be binding on the authority which shall take all actions or refrain from any action, necessary to carry out the decision unless the authority determines within ten business days of the written decision and promptly notifies the complainant of its determination, that:

(1) The grievance does not concern the authority's action or failure to act in accordance with or involving the complainant's rental agreement or the authority's rules, which adversely affect the complainant's rights, duties, welfare, or Status; or

(2) The decision of the hearing officer is contrary to applicable federal, State, or local law, Department of Housing and Urban Development regulations, or requirements of the annual contributions contract between Department of Housing and Urban Development and the authority.

(c) A decision by the hearing officer or authority in favor of the authority or which denies relief requested by the complainant in whole or in part shall not constitute a waiver of, nor affect in any manner whatever, any rights the complainant may have to an administrative proceeding or judicial review in judicial proceedings, which may thereafter be brought in the matter.

(d) If the complainant has requested a hearing on a complaint involving the authority's notice of proposed termination of the tenancy and the hearing officer upholds the authority's action to terminate the tenancy, the authority shall not commence a new eviction proceeding until it has served a notice to vacate on the complainant. In no event shall the notice to vacate be issued prior to the decision of the hearing officer having been mailed or delivered to the complainant. The notice to vacate shall be in writing and shall specify that if the complainant fails to quit the premises within the applicable statutory period, or on the termination date stated in the notice of termination, whichever is later, appropriate action will be brought against the complainant and the complainant may be required to pay court cost and attorney fees. Unless so determined in the hearing, this section (d) shall not affect the validity and effectiveness of an existing eviction proceeding, notice of proposed termination, notice to vacate, and other notices served on the complainant by the authority prior to the complainant's actual Submission of a written request for hearing pursuant to section 17-2021-11.

Notes

Haw. Code R. § 17-2021-21

[Eff 8/5/05; am and comp JUN 14 2012] (Auth: 24 CFR §966.52; HRS § 356D-4) (Imp: 24 CFR §966.57; HRS §§ 356D-4, 356D-96, 356D-97; section (d) added pursuant to TILEIA v. CHANG, Civ. No. 79-0107)