Haw. Code R. § 17-2031-65 - Eviction - termination of tenancy by owner

(a) If the owner wishes to terminate the lease, the owner is required to provide proper notice as provided in the lease and the Hawaii Residential Landlord-Tenant Code.

(b) During the term of the lease the owner may only evict for:

(1) Serious or repeated violations of the lease, including but not limited to failure to pay rent or other amounts due under the lease, or repeated violation of the terms and conditions of the lease;

(2) Violations of federal, state or local law that imposes obligations on the tenant in connection with the occupancy or use of the premises, such as failure to comply with all obligations, restrictions, whether demonstrated by the landlord as rules or otherwise, which are in accordance with section 521-52, HRS, and which the landlord can demonstrate are reasonably necessary for the preservation of the property or protection of the persons of the landlord, other tenants, or any other person;

(3) Criminal activity by the tenant, any member of the household, a guest or another person under the tenant's control that threatens the health, safety or right to peaceful enjoyment of the premises by the other residents, or persons residing in the immediate vicinity of the premises or any drug-related criminal activity on or near the premises; or

(4) Other good cause.

(c) During the initial term of the lease, the owner may not terminate the tenancy for "other good cause" unless the owner is terminating the tenancy because of something the family did or failed to do.

(d) The owner shall provide the tenant a written notice specifying the grounds for termination of tenancy pursuant to chapter 521, HRS, before the commencement of the eviction action. The notice of grounds provided in 982.310(e) (1) (ii), CFR, as it existed on October 20, 2022,_may be included in, or may be combined with, any owner eviction notice to the tenant. The owner eviction notice means a notice to vacate, or a complaint, or other initial pleading used under State or local law to commence an eviction action.

(e) Housing assistance payments are paid to the owner under the terms of the HAP contract. If the owner has begun eviction and the family continues to reside in the dwelling unit, the authority shall continue to make housing assistance payments to the owner until the owner has obtained a court judgment or other process allowing the owner to evict the tenant. The authority may continue housing assistance payments until the family moves or is evicted from the dwelling unit. If the action is finalized in court, the owner must provide the authority with the documentation, including notice of the date of physical eviction.

(f) The authority shall continue making housing assistance payments to the owner in accordance with the contract as long as the tenant continues to occupy the dwelling unit in accordance with the terms of the lease. By endorsing the monthly check from the authority, the owner certifies that the tenant is still in the dwelling unit, and that the rent is reasonable and in compliance with the contract.

(g) If an eviction is not due to a serious or repeated violation of the lease, and if the authority has no other grounds for termination of assistance, the authority may issue a new voucher so that the family can move with continued assistance.

(h) The family is not responsible for payment of the portion of the rent to owner covered by the housing assistance payment under HAP contract between the owner and the authority. The authority's failure to pay the housing assistance payment to the owner is not a violation of the lease between the tenant and the owner. During the term of the lease, the owner may not terminate the tenancy of the family for nonpayment of the authority's housing assistance payment.

Notes

Haw. Code R. § 17-2031-65

[Eff 12/31/2022] (Auth: HRS §3560-13) (Imp: HRS §3560-13; 24 C.F.R. §§ 982.310, 982.455)