We encourage you to send additional questions to har@hawaiirealtors.com, https://cca.hawaii.gov/ocp/landlord-tenant-faqs/, https://www.legalaidhawaii.org/housing-covid-19.html, 1259 A‘ala Street, Suite 300 Honolulu, HI 96817, © Copyright 2019 Legal: Standard Forms Policy, The Effects of Real Property Dedications on Property Tax, Fair Housing and Hawai‘i Civil Rights Commission Administrative Rules, Tenth Supplemental Emergency Proclamation Relating to COVID-19, Fifth Supplemental Emergency Proclamation. During the emergency proclamation a month-to-month tenancy cannot be terminated for any reason, except for a breach of a material term, if the unit is unfit for occupancy, if the unit is sold to a bona fide purchaser for value, or if the landlord or immediate family member will occupy the property. And this week, Nevada lawmakers passed legislation that would allow courts to pause evictions for up to 30 days so tenants and landlords can work out an agreement. HONOLULU – Gov. Mike Dunleavy(R) released the "Alaska COVID-19 Economic Stabilization Plan". For years Annel Binejal had managed to keep his four-person family afloat working full time with his $12-per-hour wage. Be the first to hear about important news stories with these occasional emails. Extended moratorium on evictions provides renter relief, but lacks enforcement ... August 21st 2020, 6:47 PM HST by ... for Equal Justice offer legal services for those facing eviction. Whenever an emergency proclamation has been issued, Hawaii Revised Statutes 127A-30 takes effect, which imposes limitation on commodities throughout the state. If you value our independent, investigative reporting, please consider making a tax-deductible gift to support our local nonprofit newsroom. “Evictions are generally civil matters, not criminal. Advocates are also concerned that a new rule approved by the Hawaii Public Housing Authority to enact strict social distancing requirements will result in increased evictions across the state. “Our responsibility is to the 40,000 or so tenants that we serve.”. The CARES Act also requires mortgage servicers to allow homeowners to forbear their mortgage payments for six months, plus another six months if requested. Nonprofits say they are being overwhelmed with calls from desperate renters. Q: Tenants have been saying that they do not have to pay rent because of the Eviction Moratorium, is that true? The minimumum donation amount is $5.00. Residents who need more information on the eviction moratorium can call (808) 586-2634 from 8 a.m. to noon Monday through Friday. Unlike tenants’ advocates, Chee says Hawaii’s eviction moratorium has been effective in keeping people housed. Hawaii courts aren’t currently processing evictions. David Ige placed a moratorium on evictions until Aug. 31, as thousands of Hawai‘i residents lost their jobs due to the pandemic. Eviction moratoriums instituted by 44 states beginning in March have mostly expired. Civil Beat ® is a registered trademark of Honolulu Civil Beat Inc. Flickr: U.S. Civil Beat has been named the best overall news site in Hawaii for the 9th year in a row by the Society of Professional Journalists Hawaii Chapter. September 23, 2020 State Reminds Renters of Eviction Moratorium and Relief Options HONOLULU — The Office of Consumer Protection (OCP) reminds residential landlords and tenants of the moratorium on evictions for non-payment of rent. More than half of S.A. families could be protected from eviction through end of August. State eviction moratorium extended through October HONOLULU — Gov. Updated: August 12 Inbox overcrowded? Eviction moratorium violations, like quarantine violations, are punishable by up to a year in jail or a $5,000 fine. His landlord said he needed the money, so Binejal said he gave his landlord his whole paycheck and relied on relatives for food. In some cases, tenants can’t afford to move. Q: What about a fixed-term lease during the Emergency Proclamation? In response to the circumstances that may affect transactions during this pandemic, the Hawai‘i REALTORS® Standard Forms Committee created this new form. You can unsubscribe any time. Advocates are also worried that a new rule approved by the Hawaii Public Housing Authority aimed at mandating social distancing will make it easier for people to end up on the streets. That’s incredible growth for which we’re so grateful. But attorneys who represent low-income communities say that landlords have been forcing people who can’t pay rent out anyway, without going to court or calling the sheriffs. Copyright © 2010-2020 Honolulu Civil Beat Inc. All rights reserved. Note that the law says when the property is sold, not when it is put on the market or when it has received an offer, but when it has actually sold. But once the pandemic hit, the 22-year-old Waipahu resident’s hours were slashed almost in half. A: If you have a tenant on a fixed-term lease, such as for one year, when the lease is up you can have the tenant move out as Hawaii Revised Statutes 127A-30 does not extend a fixed-term lease beyond its termination date. As part of the plan, Dunleavy signed an executive order stating that 13,000 Alaskans who receive rental assistance through the Alaska Housing Finance Corporation will not face eviction for 60 days. Even some landlords have been calling, wanting to know how they can get around the moratorium to eject tenants. It incorporates the Fifth Supplemental Emergency Proclamation, which created the state-wide Eviction Moratorium, and extended the Eviction Moratorium until August 31, 2020. But Deja Ostrowski, an attorney from the Medical-Legal Partnership for Children of Hawaii, said the rules raise red flags. Thanks! The U.S. Federal Housing Finance Agency (FHFA) recently extended a moratorium on evictions and foreclosures for federally backed mortgages through August 31st, which covers both renters and homeowners living in a property financed with such a mortgage. Hakim Ouansafi, executive director of the Hawaii Public Housing Authority, said in an interview Tuesday that the agency called the emergency meeting after hearing about more than a dozen COVID-19 cases in Kuhio Park Terrace. Q: How do I handle tenants on a month-to-month lease under the current Emergency Proclamation and Eviction Moratorium? The truth is that less than 1% of our monthly readers are financial supporters. Will it be extended? In the meantime, we have other newsletters that you might enjoy. The Alas… We have raised $183,000 toward our $200,000 year-end goal! Periodic rentals of residential real estate are considered a commodity under the law. County police departments have been quick to arrest people who violate quarantine rules and publicize those arrests. Yet, protections do not apply to private mortgages or properties that are owned outright. DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS OFFICE OF CONSUMER PROTECTION DAVID Y. IGE GOVERNOR CATHERINE P. AWAKUNI COLÓN DIRECTOR STEPHEN H. LEVINS EXECUTIVE DIRECTOR, OFFICE OF CONSUMER PROTECTION FOR IMMEDIATE RELEASE September 23, 2020 State Reminds Renters of Eviction Moratorium and Relief Options HONOLULU — The Office of Consumer … Dan O’Meara, managing attorney at the Legal Aid Society of Hawaii, said the nonprofit has been receiving 25 or more calls per week from people who are being harassed and threatened with eviction. It does not prevent evictions for other breaches of the rental agreement. Tom Helper, litigation lead for the nonprofit Lawyers for Equal Justice, describes helping clients who are getting evicted despite the state moratorium during a Zoom press conference Tuesday. 1. The moratorium prevented them in April, May, June and ― with the extension July ― meaning a backlog of at least 800 evictions could be filed in … Get our latest environmental news on a monthly basis, including updates on Nathan Eagle's 'Hawaii 2040' series. If the rental agreement states that it will convert to a month-to-month agreement if it continues, then the landlord may wish to take action to either end the lease at the end of the fixed-term, or sign a new fixed-term lease, to prevent it from turning into a periodic tenancy. Kentucky: Evictions were allowed to resume from August 25, however renters can apply for protection under the CDC order. COVID-19 Amendment/Addendum Form. Ouansafi said it’s necessary to ensure the safety of the community. The moratorium on evictions was issued in the Fifth Emergency Proclamation. We'll send you a confirmation e-mail shortly. Another resource is the Legal Aid Society of Hawaii, which can be reached at 1-800-499-4302. “To really get to the level of evictions, it means that you’re willfully not covering, that you’re willfully trying to get someone else sick,” he said. Gov. Looking at fiscal year 2018-2019 as an example, approximately 2,400 summary possession cases were filed in the State of Hawaii. The Eviction Moratorium prevents the eviction of tenants for non-payment of rent. The new requirements mandate mask-wearing on Housing Authority property, along with social distancing, and prohibits gatherings or visitors. David Ige speaks at Tuesday’s news conference in Honolulu. You can reach her by email at, Sorry. After two warnings, violators may be evicted. The nonprofits Lawyers for Equal Justice, Legal Aid Society of Hawaii and Medical-Legal Partnership for Children in Hawaii said in a press conference Tuesday that they’ve been inundated with calls about the state’s eviction moratorium and have been frustrated with the lack of enforcement. His sick parents flew back home to the Marshall Islands since he could no longer support them. This means that for practical purposes, a month-to-month tenant cannot be removed from the property unless they have breached the rental agreement in a way other than not paying their rent. Finance. Housing advocates fear parts of the country could soon look like Milwaukee, which saw a 21% spike in eviction filings in June, to nearly 1,500 after the moratorium was lifted in May. Tenants in need can also apply for up to $1,500 per month of rental assistance provided by the state if they live on Kaua‘i, Maui and Hawai‘i Island and up to $2,200 if … and an eviction moratorium; on April 25, 2020, a Sixth Supplementary Proclamation amending and restating all prior proclamations and executive orders related to the COVID-19 emergency; on May 5, 2020, a Seventh Supplementary Proclamation related to the COVID-19 Emergency; on May 18, The public housing development isn’t managed by the Housing Authority — rather, a private developer — but Ouansafi said residents must still abide by Housing Authority rules. You'll hear from us whenever Civil Beat publishes a major project or investigation. Shek said she has contacted HPD regarding evictions and in one case an officer took down a statement. O’Meara said his office has written demand letters to landlords who are violating the law and obtained several temporary restraining orders issued by District Court judges against landlords who shut off water and electricity to try to force tenants out. But she said she doesn’t understand why illegal evictions aren’t taken as seriously as violations of the quarantine rules or the sit-lie ban. Nonprofits say they are being overwhelmed with calls from desperate renters and worry about a public housing rule that mandates social distancing, with the threat of eviction. Governor David Ige’s recent emergency proclamations concerning the coronavirus invoked special legal requirements applicable to Landlords and Tenants in Hawaii. The Federal Housing Administration (FHA) has extended the foreclosure and eviction moratorium through December 31, 2020 for homeowners with FHA-insured single family mortgages covered under the CARES Act. The only news outlet in Hawaii dedicated to public affairs reporting. The ban applies to the roughly 8.1 million homeowners with single-family mortgages insured by … But for a small nonprofit newsroom that provides free content with no paywall, readership growth alone can’t sustain our journalism. With the moratorium currently expected to end before September, Hawaii joins the rest of the nation on the brink of a massive eviction crisis. Landlords also had to provide 30 days' notice for eviction. Pacific Islanders make up more than a quarter of coronavirus cases even though they’re only 4% of the state population, and have been disproportionately arrested for stay-at-home violations. His wife is due next month. Hawaii’s Eviction Moratorium Isn’t Saving These Tenants Nonprofits say they are being overwhelmed with calls from desperate renters and worry about a public housing rule that … But he asked the courts to stay evictions through September. He couldn’t pay the $1,200 per month rent in April, giving his landlord only about $800. You may want to refer to the Landlord-Tenant Code,” she said in an email. In response, the Centers for Disease Control and Prevention issued the federal moratorium in September that broadly prevents evictions through the end of 2020. Ige to extend eviction moratorium By TOM LINDER West Hawaii Today | Wednesday, August 19, 2020, 12:05 a.m. Gov. If the tenant is unable to pay the rent, that amount is still owed to the landlord. Our mission is to engage and educate the community on important public issues through in-depth reporting, explanatory and investigative journalism, analysis and commentary. The Federal Housing Administration (FHA) on August 27 extended its foreclosure and eviction moratorium through December 31, 2020 for homeowners with FHA-insured single family mortgages covered under the CARES Act. These are texts between one of Helper’s clients and their landlord. In another instance, one of Helper’s clients at Lawyers for Equal Justice was told by his landlord by text message that he needed to leave, even after he told his landlord it was illegal. David Ige said he plans to extend of the state’s moratorium on evictions through the … HUD to extend foreclosure ban protecting 8.1 million people until 2021. Hawai‘i eviction moratorium nears end LIHU‘E — The federal Coronavirus Aid, Relief and Economic Security Act eviction moratorium ended on July … She’s worried it will lead to selective enforcement and illegal housing discrimination based on stereotypes. Binejal is speaking out now because he doesn’t want this to happen to anyone else. The guidance provided is current as of July 17, 2020 and may be subject to change per actions taken But landlords have other ways to force their tenants out. The Office of Consumer Protection has created FAQs pertaining to how these provisions impact their legal relationship. The state’s moratorium is slated to expire on Aug. 31. He said he reached out to the Marshall Islands consul general, HPD, the state and still wasn’t able to keep his housing. Whenever an emergency proclamation has been issued, … The national eviction moratorium is running out. Mahalo! Correction: A previous version of this story incorrectly said that O’Meara said he issued the TROs. Sign up for our FREE morning newsletter and face each day more informed. David Ige put a moratorium on evictions for nonpayment of rent in the midst of widespread unemployment due to pandemic shutdowns. Will you consider becoming a new donor before the end of the year? To remain a viable business model for local news, we need a higher percentage of readers-turned-donors. Tuesday’s press conference about evictions came just hours after the state public housing agency held an emergency meeting to enact strict social distancing requirements. The eviction moratorium and the quarantine rules are part of the same set of emergency orders that Gov. It is also unknown if the Eviction Moratorium will be extended beyond its current August 31, 2020 end date. We will update these resources as the situation evolves. David Ige signed a fifth emergency supplementary proclamation that includes an eviction moratorium — which prevents any eviction from a … Gov. But Michelle Yu, a spokeswoman for the Honolulu Police Department, told Civil Beat in July that HPD doesn’t keep track of violations of the eviction moratorium and she knows of no warnings, citations or arrests. The amount of evictions that will be filed when the Eviction Moratorium ends is also unknown as there are many factors that will play into that number. Eviction status: Hawaii’s eviction moratorium runs through Dec. 31 and prohibits eviction cases due to nonpayment from going forward. Civil Beat readership has more than doubled in the past year. While this action does provide foreclosure relief to some homeowners, it does not protect a single renter from eviction. National Updates. If the property has been sold, or the landlord or immediate family member is moving in, the tenant must be given a 45-day written notice to vacate. The Eviction Moratorium does apply to fixed-term leases. Get occasional emails highlighting essays, analysis and opinion from IDEAS, Civil Beat's commentary section. CNET Starting Jan. 1, 2021, landlords will once again be able to legally evict tenants for failure to pay rent. Please consider making a tax-deductible gift to support our local nonprofit newsroom Inc. All rights.. Before the end of the same set of emergency orders that Gov shutdowns. Analysis and opinion from IDEAS, Civil Beat readership has more than doubled in past! That they do not apply to private mortgages or properties that are owned outright 1, 2021, landlords once! 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