Haw. Code R. § 17-2040-75 - Eviction - termination of tenancy by owner or landlord

(a) If the owner or landlord want to terminate the lease, the owner or landlord is required to provide valid notice to the tenant as provided in the lease and the Hawaii Residential Landlord-Tenant Code, HRS Chapter 521. The owner or landlord shall comply with termination of lease requirements set forth in the Hawaii Residential Landlord-Tenant Code.

(b) During the term of the lease the owner or landlord 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 impose 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, Hawaii Revised Statutes, 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 or landlord may not terminate the tenancy for "other good cause" unless the owner or landlord is terminating the tenancy because of something the family did or failed to do.

(d) The owner or landlord shall provide the tenant a written notice specifying the grounds for termination of tenancy pursuant to chapter 521, Hawaii Revised Statutes, before the commencement of the eviction action. The notice of grounds (24 C.F.R. § 982.310(e) (1) (ii)) may be included in, or may be combined with, any owner or landlord eviction notice to the tenant. The owner or landlord 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 or landlord under the terms of the HAP contract. If the owner or landlord has begun eviction proceedings and the family continues to reside in the unit, the authority shall continue to make housing assistance payments to the owner or landlord until the owner or landlord has obtained a court judgment or other process allowing the owner or landlord to evict the tenant. The authority may continue housing assistance payments until the family moves or is evicted from the unit. If the action is finalized in court, the owner or landlord 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 or landlord in accordance with the contract as long as the tenant continues to occupy the unit in accordance with the terms of the lease. By accepting the monthly deposit from the authority, the owner or landlord certifies that the tenant is still in the 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 or landlord covered by the housing assistance payment under HAP contract between the owner or landlord and the authority. The authority's failure to pay the housing assistance payment to the owner or landlord is not a violation of the lease between the tenant and the owner or landlord. During the term of the lease, the owner or landlord may not terminate the tenancy of the family for nonpayment of the authority's housing assistance payment.

Notes

Haw. Code R. § 17-2040-75

[Eff 7/28/2022] (Auth: HRS § 356D-13) (Imp: American Rescue Plan Act of 2021, Pub. L. No. 117-2, §3202, 135 Stat. 4; 42 U.S.C. § 1437f(o); HUD Notice PIH 2021-15(HA); 24 C.F.R. §§ 982.310, 982.455; HRS § 356D-13)