HB 1097: HPHA; Public Housing; Evictions; Tenants; Unclaimed Property

A BILL FOR AN ACT

RELATING TO PUBLIC HOUSING EVICTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 356D-64, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Upon eviction, the household goods and personal effects of the tenant against whom the order is entered, and those of any persons using the premises incident to the tenantꞌs 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 taken for the expenses incurred by the authority in moving and storing the property, and the authority [is authorized to] may sell or otherwise dispose of the property if unclaimed after [thirty] fourteen days."

     SECTION 2.  Section 356D-94, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(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 personꞌs 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,] property, and the authority [is authorized to] may sell or otherwise dispose of the property if unclaimed after [thirty] fourteen days."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

HPHA; Public Housing; Evictions; Tenants; Unclaimed Property

Description:

Reduces the time the Hawaii Public Housing Authority is required to store unclaimed personal effects of a tenant evicted from public housing from thirty days to fourteen days.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PUBLIC HOUSING EVICTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 356D-64, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Upon eviction, the household goods and personal effects of the tenant against whom the order is entered, and those of any persons using the premises incident to the tenantꞌs 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 taken for the expenses incurred by the authority in moving and storing the property, and the authority [is authorized to] may sell or otherwise dispose of the property if unclaimed after [thirty] fourteen days."

     SECTION 2.  Section 356D-94, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(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 personꞌs 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] may sell or otherwise dispose of the property if unclaimed after [thirty] fourteen days."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Public Housing; Hawaii Public Housing Authority; Evictions; Tenants; Unclaimed Property

Description:

Reduces the time the Hawaii Public Housing Authority is required to store unclaimed personal effects of a tenant evicted from public housing.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PUBLIC HOUSING EVICTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 356D-64, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Upon eviction, the household goods and personal effects of the tenant against whom the order is entered, and those of any persons using the premises incident to the tenantꞌs 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 taken for the expenses incurred by the authority in moving and storing the property, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after [thirty] fourteen days."

     SECTION 2.  Section 356D-94, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(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 personꞌs 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] fourteen days."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Public Housing; Hawaii Public Housing Authority; Evictions; Tenants

Description:

Reduces the time required to store unclaimed personal effects of an evicted tenant.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1323

Honolulu, Hawaii

RE:    H.B. No. 1097

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Commerce and Consumer Protection and Housing, to which was referred H.B. No. 1097, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC HOUSING EVICTIONS,"

beg leave to report as follows:

     The purpose and intent of this measure is to reduce the time the Hawaii Public Housing Authority is required to store unclaimed personal effects of a tenant evicted from public housing.

     Your Committees received testimony in support of this measure from the Hawaii Public Housing Authority, Affordable Housing Connections LLC, and one individual.

     Your Committees received testimony in opposition to this measure from three individuals.

     Your Committees find that when a public housing tenant is evicted and leaves personal belongings behind, the Hawaii Public Housing Authority must store the unclaimed personal property within the vacated unit, as there are no dedicated storage facilities on-site.  This can cause delays in essential repair and maintenance work and prevents new families from moving into the vacated units, thereby extending the time units remain unavailable for eligible low-income applicants.  Your Committees also find that each day a unit remains vacant is another day a family remains unhoused.  According to the testimony of the Hawaii Public Housing Authority, most of the items left behind are not valuable personal belongings, but rather consist of broken furniture, trash, and other discarded materials.  Because most of the unclaimed property stored in these vacant units is not reclaimed at the end of the thirty days, reducing the storage timeframe will help the Hawaii Public Housing Authority efficiently remove debris, restore units, and house new families faster.  This measure reduces the storage time for unclaimed property from thirty days to fourteen days to allow the Hawaii Public Housing Authority to accelerate unit rehabilitation and ensure that state and federal housing assets are utilized as efficiently as possible.

     Your Committees also note the concerns raised in the public hearing on this measure regarding the shortened time period and the potential burden it may have on families trying to relocate before they can reclaim their items from the vacated unit.  Your Committees find this issue merits further consideration and therefore request that subsequent Committees who choose to deliberate on this measure consider these potential impacts as the measure moves through the legislative process.

     Your Committees have amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Housing that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1097, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1097, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Housing,

STAND. COM. REP. NO.  1122

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1097

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 1097, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC HOUSING EVICTIONS,"

begs leave to report as follows:

     The purpose of this measure is to reduce the period of time the Hawaii Public Housing Authority is required to store the unclaimed property of a tenant evicted from public housing from thirty to fourteen days.

     Your Committee received testimony in support of this measure from the Hawaii Public Housing Authority.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1097, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  410

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 1097

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Housing, to which was referred H.B. No. 1097 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC HOUSING EVICTIONS,"

begs leave to report as follows:

     The purpose of this measure is to reduce the period of time the Hawaii Public Housing Authority is required to store the unclaimed property of a tenant evicted from public housing from thirty to fourteen days.

     Your Committee received testimony in support of this measure from the Hawaii Public Housing Authority.

     Your Committee finds that when a Hawaii Public Housing Authority tenant is evicted, oftentimes the Authority is forced to store their belongings.  In most circumstances, the Authority does not have dedicated storage facilities where the evicted tenant's property can be stored, so the property must be stored in the vacated unit, which delays repair work and placement of a new family into the unit.  This measure enables the Authority to efficiently prepare and turn over vacant units so more individuals and families can secure stable housing.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1097, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1097, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Housing,