reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-18 Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc.

§356D-18 Remedies of an obligee; mandamus; injunction; possessory action; receiver; accounting; etc.
An obligee of the authority shall have the right, in addition to all other rights that may be conferred on the obligee subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior rights of others:
(1) By mandamus, suit, action, or proceeding in law or equity to compel the authority, and the members of the board, officers, agents, or employees thereof to perform each and every item, provision, and covenant contained in any contract of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by this chapter;
(2) By suit, action, or proceeding in equity to enjoin any acts or things which may be unlawful, or the violation of any of the rights of the obligee of the authority;
(3) By suit, action, or proceeding in any court of competent jurisdiction to cause possession of any public housing project or any part thereof to be surrendered to any obligee having the right to possession pursuant to any contract of the authority;
(4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the authority), to obtain the appointment of a receiver for any public housing project of the authority or any part or parts thereof. If a receiver is appointed, the receiver may enter and take possession of the public housing project or any part or parts thereof, operate and maintain the project, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom in the same manner as the authority itself might do and shall keep the moneys in a separate account or accounts and apply the moneys in accordance with the obligations of the authority as the court shall direct; and
(5) By suit, action, or proceeding in any court of competent jurisdiction to require the authority and the members of the board thereof to account as if it and they were the trustees of an express trust. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-19 Subordination of mortgage to agreement with government.

§356D-19 Subordination of mortgage to agreement with government.
The authority may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a government agency of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In that event, any purchaser or purchasers at a sale of the property of the authority pursuant to a foreclosure of the mortgage or any other remedy in connection therewith shall obtain title subject to the contract. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-20 Duty to make reports.

§356D-20 Duty to make reports.
Except as otherwise provided by law, the authority shall be responsible for the following reports:
(1) The authority shall file at least once a year with the governor a report of its activities for the preceding fiscal year;
(2) The authority shall report to the comptroller on moneys deposited in depositories other than the state treasury under section 40-81, and rules adopted thereunder; and
(3) The authority shall submit an annual report to the legislature on all program areas no later than twenty days prior to the convening of each regular session, that shall provide the following information on the status of its programs and finances:
(A) A financial audit and report conducted on an annual basis by a certified public accounting firm; and
(B) Recommendations with reference to any additional legislation or other action that may be necessary to carry out the purposes of this chapter. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-21 Bonds; authorization.

§356D-21 Bonds; authorization.
(a) The authority, with the approval of the governor, may issue from time to time bonds (including refunding bonds to pay, retire, or provide for the retirement of bonds previously issued by the authority) in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for any of its corporate purposes.
(b) All bonds shall be issued pursuant to part III of chapter 39, except as provided in this part.
(c) The bonds shall be issued in the name of the authority, and not in the name of the State. The final maturity date of the revenue bonds may be any date not exceeding sixty years from the date of issuance.
(d) The authority may issue bonds as it may determine, including without limitation bonds payable from and secured, in whole or in part, by:
(1) Income and revenues derived from the public housing project or projects financed from the proceeds of bonds;
(2) Receipts derived from any grant from the federal government made in aid of a public housing project or projects financed from the proceeds of bonds;
(3) Income and revenues derived from a particular designated public housing project or projects whether or not financed, in whole or in part, from the proceeds of bonds;
(4) Income and revenues of the authority generally; or
(5) Any combination of paragraphs (1) through (4).
(e) Any pledge made by the authority shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the authority from and after the time that a financing statement with respect to the revenues, moneys, or property so pledged and thereafter received shall be filed with the bureau of conveyances. Upon the filing, the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge shall be prior to the lien of all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice thereof. This section shall apply to any financing statement heretofore or hereafter filed with the bureau of conveyances with respect to any pledge made to secure revenue bonds issued under this part.
(f) Any public housing project or projects authorized by, and undertaken pursuant to, this chapter shall constitute an "undertaking" within the meaning of that term as defined and used in part III, chapter 39. The authority shall constitute a "department" and the board shall constitute a "governing body" within the meaning of those terms as defined and used in part III, chapter 39.
(g) Neither the members of the board nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-22 Bonds; interest rate, price, and sale.

§356D-22 Bonds; interest rate, price, and sale.
(a) The bonds shall bear interest at rates payable at times that the authority, with the approval of the governor, may determine except for deeply discounted bonds that are subject to redemption or retirement at their accreted value; provided that the discounted value of the bonds shall not exceed ten per cent of any issue; and provided further that no bonds may be issued without the approval of the director of finance and the governor. Notwithstanding any other law to the contrary, the authority may, subject to the approval of the director of finance and the governor, issue bonds pursuant to section 356D-21, in which the discounted value of the bonds exceeds ten per cent of the issue.
(b) The authority may include the costs of undertaking and maintaining any public housing project or projects for which the bonds are issued in determining the principal amount of bonds to be issued. In determining the cost of undertaking and maintaining the public housing project, the authority may include the cost of studies and surveys; insurance premiums; underwriting fees; financial consultant, legal, accounting, and other services incurred; reserve account, trustee, custodian, and rating agency fees; and interest on the bonds for a period determined by the authority. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-23 Trustee; designation, duties.

§356D-23 Trustee; designation, duties.
(a) The authority may designate a trustee for each issue of bonds secured under the same trust indenture; provided that the trustee shall be approved by the director of finance.
(b) The trustee shall be authorized by the authority to receive and receipt for, hold, and administer the proceeds of the bonds, and to apply the proceeds to the purposes for which the bonds are issued.
(c) The trustee shall also be authorized by the authority to receive and receipt for, hold, and administer the revenues derived by the authority from any public housing project or projects for which the bonds are issued or the projects pledged to the payment of the bonds, and to apply the revenues to the payment of the cost of administering, operating, and maintaining the public housing project or projects, to pay the principal of and the interest on the bonds, to the establishment of reserves, and to other purposes as may be authorized in the proceedings providing for the issuance of the bonds.
(d) Notwithstanding section 39-68, the director of finance may appoint the trustee to serve as fiscal agent for:
(1) The payment of the principal of and interest on the bonds; and
(2) The purchase, registration, transfer, exchange, and redemption of the bonds.
(e) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the bonds and coupons, if any, that have been paid and the supervision of their destruction in accordance with law.
(f) Nothing in this part shall limit or be construed to limit the powers granted to the director of finance in sections 36-3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [L 2006, c 180, pt of §2; am L 2016, c 42, §10]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-24 Trust indenture.

§356D-24 Trust indenture.
(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the authority for the purposes of this part.
(b) A trust indenture may allow the authority to pledge and assign to the trustee agreements related to the public housing project or projects and the rights of the authority thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.
(c) Where a trust indenture provides that any bond issued under that trust indenture is not valid or obligatory for any purpose unless certified or authenticated by the trustee, all signatures of the officers of the State upon the bonds required by section 39-56 may be facsimiles of their signatures.
(d) A trust indenture shall also contain provisions as to:
(1) The investment of the proceeds of the bonds, the investment of any reserve for the bonds, the investment of the revenues of the public housing project or system of public housing projects, and the use and application of the earnings from investments; and
(2) The terms and conditions upon which the holders of the bonds or any portion of them or any trustee thereof may institute proceedings for the enforcement of any agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived therefrom.
(e) A trust indenture may also contain provisions deemed necessary or desirable by the authority to obtain or permit, by grant, interest subsidy, or otherwise, the participation of the federal government in the public housing projects or in the financing of the costs of administering, operating, or maintaining the public housing projects. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-25 Investment of reserves, etc.

§356D-25 Investment of reserves, etc.
The authority may invest any funds held in reserves or sinking funds or any funds not required for immediate disbursement, including the proceeds of bonds, in property or securities in which the director of finance may legally invest, as provided in section 36-21; provided that funds held outside the state treasury may be invested for terms not to exceed thirty-five years. No provisions with respect to the acquisition, operation, or disposition of property by other government agencies shall be applicable to the authority unless the legislature shall specifically so state. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-26 Security for funds deposited by the authority.

§356D-26 Security for funds deposited by the authority.
The authority, by resolution, may provide that all moneys deposited by it shall be secured:
(1) By any securities by which funds deposited by the director of finance may be legally secured as provided in section 38-3; or
(2) By an undertaking with sureties as are approved by the authority faithfully to keep and pay over upon the order of the authority any deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for those deposits. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-27 Arbitrage provisions; interest rate.

§356D-27 Arbitrage provisions; interest rate.
(a) Notwithstanding any other law to the contrary, neither the authority nor the director of finance shall make loans or purchase mortgages with the proceeds of general obligation bonds of the State or from a revolving fund established or maintained from the proceeds of bonds, at a rate of interest or upon terms and conditions that would cause any general obligation bond of the State or any bond to be an "arbitrage bond" within the meaning of that term as defined in the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto.
(b) The rate of interest on loans made under this chapter from the proceeds of general obligation bonds of the State shall be established by the authority, with the approval of the director of finance, after each sale of general obligation bonds of the State, the proceeds of which are to be used for the purposes of making loans or purchasing mortgages under this chapter. If no sale of general obligation bonds of the State intervenes in a twelve-month period after the last rate fixing, the authority may review the then existing rates on loans or mortgages made under this chapter from the proceeds of general obligation bonds of the State and retain the existing rate or, with the approval of the director of finance, establish different rates.
(c) The director of finance shall approve those rates so as to produce up to, but not in excess of, the maximum yield to the State or the authority permitted under the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto, on the assumption that the general obligation bonds of the State, the proceeds of which have been or are to be used for the purposes of making loans or purchasing mortgages under this chapter, would otherwise be "arbitrage bonds" under the Internal Revenue Code of 1986, as amended, and the regulations of the Internal Revenue Service adopted pursuant thereto, were the maximum yield to be exceeded. The establishment of the rates of interest shall be exempt from chapter 91. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-28 Public housing special fund.

§356D-28 Public housing special fund.
(a) There is established the public housing special fund to be administered by the authority. Notwithstanding section 36-21, the proceeds in the fund shall be used for long-term and other special financings of the authority and for necessary expenses in administering this chapter.
(b) All moneys received and collected by the authority, not otherwise pledged, obligated, or required by law to be placed in any other special fund, shall be deposited into the public housing special fund. [L 2006, c 180, pt of §2; am L 2016, c 42, §11; am L Sp 2021, c 9, §76]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-29 Quitclaim deeds.

§356D-29 Quitclaim deeds.
Unless otherwise provided by law, the authority shall issue quitclaim deeds and leases whenever it conveys, transfers, sells, or assigns any property developed, constructed, or sponsored under this chapter. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-31 Rentals and tenant selection.

§356D-31 Rentals and tenant selection.
(a) In the operation or management of federal public housing projects, the authority, acting directly or by an agent or agents, at all times shall observe the following duties with respect to rentals and tenant selection:
(1) The authority may establish maximum limits of annual net income for tenant selection in any public housing project, less any exemptions as may be authorized by federal regulations pertaining to public housing. The authority may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority;
(2) The authority may rent or lease the dwelling units therein only at rentals within the financial reach of persons who lack the amount of income that the authority determines to be necessary to obtain safe, sanitary, and uncongested dwelling accommodations within the area of operation of the authority and to provide an adequate standard of living; and
(3) The authority may rent or lease to a tenant a dwelling consisting of the number of rooms, but no greater number, than the authority deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding.
(b) Nothing in this part shall be construed as limiting the power of the authority to:
(1) Vest in an obligee the right, in the event of a default by the authority, to take possession of a public housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by this part with respect to rentals, tenant selection, manner of operation, or otherwise; or
(2) Vest in obligees the right, in the event of a default by the authority, to acquire title to a public housing project or the property mortgaged by the authority, free from all the restrictions imposed by this part. [L 2006, c 180, pt of §2; am L 2013, c 148, §2; am L 2023, c 99, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-32 Delinquent accounts.

§356D-32 Delinquent accounts.
(a) Notwithstanding section 40-82, the authority, with the approval of the attorney general, may delete from its accounts receivable records delinquent accounts for vacated units within federal low-income public housing projects that have been delinquent for at least ninety days.
(b) The delinquent accounts may be assigned to a collection agency.
(c) When the authority seeks eviction of a tenant due to delinquency in payment of rent, the authority shall comply with the procedures set forth in section 356D-92(b) before proceeding with the eviction hearing. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-33 Investigatory powers.

§356D-33 Investigatory powers.
(a) The authority may:
(1) Investigate living, dwelling, and housing conditions and the means and methods of improving the conditions;
(2) Enter upon any building or property to conduct investigations or to make surveys or soundings;
(3) Conduct examinations and investigations and hear testimony and take proof under oath at public or private hearings on any matter material for its information;
(4) Issue subpoenas requiring the attendance of witnesses or the production of books and papers, and order the examination of witnesses who are unable to attend before the authority, are excused from attendance, or by leave of courts as provided by chapter 624, are out of the State; and
(5) Make available to any government agency charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or unsanitary structures within its territorial limits, its findings and recommendations with regard to any building or property where conditions exist that are dangerous to the public health, morals, safety, or welfare.
(b) Investigations or examinations may be conducted by the authority, by a committee appointed by it consisting of one or more members of the board, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any person designated by the authority to conduct an investigation or examination shall have the power to administer oaths, take affidavits, and issue subpoenas or orders for the taking of depositions. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-40 Additional powers.

§356D-40 Additional powers.
The powers conferred upon the authority by this part shall be in addition and supplemental to the powers conferred by any other law, and nothing in this part shall be construed as limiting any powers, rights, privileges, or immunities so conferred. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-41 Definitions.

§356D-41 Definitions.
As used in this subpart, unless a different meaning clearly appears from the context:
"Administer" or "administration" means the management, operation, maintenance, and regulation of any state low-income housing project. It also includes any and all undertakings necessary therefor.
"Veteran" includes any person who served in the military or naval forces of the United States during World War II and who has been discharged or released therefrom under conditions other than dishonorable. The term "veteran" also includes Filipino World War II veterans who served honorably in an active duty status under the command of the United States Armed Forces in the Far East (USAFFE), or within the Philippine Army, the Philippine Scouts, or recognized guerilla units. The Filipino World War II veterans must have: served at any time between September 1, 1939, and December 31, 1946; been born in the Philippines; and resided in the Philippines prior to the military service. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-42 Housing; tenant selection.

§356D-42
Housing; tenant selection
. (a) The authority shall select tenants upon the basis of those in greatest need for the particular housing, subject to the following limitations and preferences:
(1) The authority may limit the tenants of any state low-income housing project to classes of persons when required by federal law or regulation as a term or condition of obtaining assistance from the federal government;
(2) Within the priorities established by the authority recognizing need, veterans with a permanent disability of ten per cent or more, as certified by the United States Department of Veterans Affairs, and their dependent parents, if any. The deceased veteran's spouse shall be given first preference. Parents of veterans shall not use the veteran status of their adult child as a basis for preference; and
(3) Subject to any limitations set by federal law or regulation, the authority shall not select as a tenant, and may terminate the tenancy of, any person if the person or any household member owns or acquires a home within the State.
(b) The authority shall adopt rules pursuant to chapter 91 to carry out the purposes of this section. [L 2006, c 180, pt of §2; am L 2013, c 148, §3 and c 223, §1; am L 2023, c 99, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-43 Rentals.

§356D-43 Rentals.
(a) Notwithstanding any other law to the contrary, the authority shall fix the rates of the rentals for dwelling units and other facilities in state low-income housing projects provided for by this subpart, at rates that will produce revenues that will be sufficient to pay all expenses of management, operation, and maintenance, including the cost of insurance, a proportionate share of the administrative expenses of the authority to be fixed by it, and the costs of repairs, equipment, and improvements, to the end that the state low-income housing projects shall be and always remain self-supporting. The authority, in its discretion, may fix the rates in amounts as will produce additional revenues (in addition to the foregoing) sufficient to amortize the cost of the state low-income housing project or projects, including equipment, over a period or periods of time that the authority may deem advisable.
(b) Notwithstanding any other law to the contrary, if:
(1) Any state low-income housing project or projects have been specified in any resolution of issuance adopted pursuant to part I;
(2) The income or revenues from any project or projects have been pledged by the authority to the payment of any bonds issued under part I; or
(3) Any of the property of any state low-income housing project or projects is security for the bonds,
the authority shall fix the rates of the rentals for dwelling units and other facilities in the state low-income housing project or projects so specified or encumbered at increased rates that will produce the revenues required by subsection (a) and, in addition, those amounts that may be required by part I, by any resolution of issuance adopted under part I, and by any bonds or mortgage or other security issued or given under part I. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-44 Administration of state low-income public housing projects and programs.

§356D-44 Administration of state low-income public housing projects and programs.
(a) The authority shall construct, develop, and administer property or housing for the purpose of state low-income public housing projects and programs.
(b) The authority shall offer any decommissioned low-income public housing project, except for federal housing projects, to nonprofit or for-profit organizations or government agencies for rehabilitation into emergency or transitional shelter facilities for the homeless or rehabilitation into rental units that set aside at least fifty per cent of the units to persons or families with incomes at or below fifty per cent of the area median family income; provided that:
(1) The housing project is wholly owned by the State on either state-owned or ceded lands;
(2) The authority has determined that the housing project is not eligible for rehabilitation using the authority's current resources; and
(3) The nonprofit or for-profit organization or government agency demonstrates expertise in rehabilitation of housing projects and has community, public, and private resources to substantially pay for the rehabilitation.
The land and improvements may be leased to the nonprofit or for-profit organization or government agency for a period not to exceed ninety-nine years for a sum of $1 per year.
(c) The authority shall adopt necessary rules in accordance with chapter 91, including the establishment and collection of reasonable fees for administering the state low-income housing projects or programs and to carry out any state program under subsection (a). [L 2006, c 180, pt of §2; am L 2007, c 249, §35; am L 2017, c 114, §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-45 State low-income housing revolving fund.

§356D-45 State low-income housing revolving fund.
There is established a revolving fund to be known as the state low-income housing revolving fund. Notwithstanding any law to the contrary, moneys received by the authority under or pursuant to this subpart, including refunds, reimbursements, rentals, fees, and charges received from tenants, shall be deposited in the state low-income housing revolving fund. Except as otherwise provided in this chapter, the state low-income housing revolving fund may be expended by the authority for any and all of the purposes of this subpart, including without prejudice to the generality of the foregoing, the expenses of management, operation, and maintenance of state low-income housing projects, including but not limited to:
(1) The cost of insurance, a proportionate share of the administrative expenses of the authority, and the cost of repairs, equipment, and improvement;
(2) The acquisition, clearance, and improvement of property;
(3) The construction and reconstruction of building sites;
(4) The construction, reconstruction, repair, remodeling, extension, equipment, and furnishing of any state low-income housing project;
(5) Administration and other expenses;
(6) The payment of rentals; and
(7) The development and administration of any state low-income housing project. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-45.5 Delinquent accounts.

§356D-45.5 Delinquent accounts.
(a) Notwithstanding section 40-82, the authority, with the approval of the attorney general, may delete from its account receivable records delinquent accounts for vacated units within state low-income public housing projects that have been delinquent for at least 90 days.
(b) The delinquent accounts may be assigned to a collection agency. [L 2013, c 40, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-46 Investigatory powers.

§356D-46 Investigatory powers.
(a) The authority may:
(1) Investigate living, dwelling, and housing conditions and the means and methods of improving those conditions;
(2) Enter upon any building or property to conduct investigations or to make surveys or soundings;
(3) Conduct examinations and investigations, and hear testimony and take proof under oath at public or private hearings on any matter material for its information;
(4) Issue subpoenas requiring the attendance of witnesses or the production of books and papers, and order the examination of witnesses who are unable to attend before the authority, are excused from attendance, or by leave of courts as provided by chapter 624, are out of the State; and
(5) Make available to any government agency charged with the duty of abating or requiring the correction of nuisances or like conditions, or of demolishing unsafe or unsanitary structures within its jurisdictional limits, its findings and recommendations with regard to any building or property where conditions exist that are dangerous to the public health, safety, or welfare.
(b) Investigations or examinations may be conducted by the authority, or by a committee appointed by it consisting of one or more members of the board, or by counsel, or by an officer or employee specially authorized by the authority to conduct it. Any person designated by the authority to conduct an investigation or examination may administer oaths, take affidavits, and issue subpoenas or orders for the taking of depositions. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-47 Government aid; political subdivisions.

§356D-47 Government aid; political subdivisions.
Any political subdivision may appropriate moneys for the purposes of meeting any local participation in housing costs or expenses required to obtain assistance from the federal government in the development and administration of state low-income housing projects and programs under this subpart, or of providing funds for use by the authority in developing and administering state low-income housing projects. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-50 Additional powers.

§356D-50 Additional powers.
The powers conferred upon the authority by this subpart shall be in addition and supplemental to the powers conferred by any other law, and nothing in this subpart shall be construed as limiting any powers, rights, privileges, or immunities conferred. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-51 Definitions.

§356D-51 Definitions.
As used in this subpart, unless a different meaning clearly appears from the context:
"State low-income housing project" means any state low-income housing project or projects owned, managed, administered, or operated by the authority.
"Tenant" includes any person occupying a room, dwelling unit, living quarters, or space in any state low-income housing project, under or by virtue of any tenancy lease, license, or permit under or from the authority. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-52 Lien on personalty for rent, etc.

§356D-52 Lien on personalty for rent, etc.
(a) The authority shall have a statutory lien on all personal property, not exempt from execution, belonging to, or in the lawful possession of, every tenant while the personal property is in or upon any state low-income housing project, for the amount of its proper charges against the tenant for rent of a room, dwelling unit, living quarters, or space in the state low-income housing project, or for utilities, facilities, or services in the state low-income housing project. The lien shall commence with the tenancy or occupancy of the tenant and continue for one year after the charge or charges are due and owing to the authority.
(b) Whenever any tenant fails or refuses to pay the charge or charges after the same are so due and owing, the authority shall have the right and power, acting by its authorized agents or representatives, without process of law and without any liability for the taking, seizure, and retention of the personal property, to take and seize any of the personal property belonging to, or in the lawful possession of, the tenant that is found in or upon the public housing project. The authority may hold and retain the property as security for the payment of the charge or charges, until the amount of the charge or charges is paid and discharged. If the charge or charges, so due and owing, are not paid and discharged within thirty days after the taking and seizure, the authority may sell the personal property in the manner provided in section 356D-53. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-53 Foreclosure of lien, notice, etc.

§356D-53 Foreclosure of lien, notice, etc.
(a) The lien of the authority upon personal property that has been taken and retained by it as provided in section 356D-52 may be foreclosed by the authority by selling the property at public auction:
(1) After first mailing by United States mail, postage prepaid, a notice of the foreclosure addressed to the tenant who owns, or was in possession of, the personal property at the tenant's last address shown on the records of the authority. The notice shall state that, unless the charge or charges then due and owing from the tenant to the authority are paid within ten days from the time of mailing the notice, the personal property will be sold at public auction; and
(2) After first giving public notice of the foreclosure and sale at least two times in the county in which the personal property is located. Each notice shall contain a brief description of the personal property; the name of the tenant, if known; the name of the owner of the personal property, if known; the amount of the charge or charges; and the time and place of the sale. Notices of several foreclosures and sales may be combined in one notice; and whenever so combined and given, the expenses of notice and sale shall be a statutory lien upon the property described in the notice in a ratable proportion according to the amount received for each lot of property so noticed for sale.
(b) If the tenant fails to pay to the authority within ten days after the mailing of the notice of foreclosure the charge or charges, the authority may sell the property at public auction at the time and place stated in the notice, or at a time or times or place or places to which the sale may be postponed or adjourned at the time and place stated in the notice, and may apply the proceeds thereof to the payment of the charge or charges and the expenses of notice and sale. The balance, if any remaining, shall be paid over to the tenant who formerly owned, or was in possession of, the property. If the balance is not claimed by the tenant within thirty days after the sale, then the balance shall be paid over to the director of finance and it shall be kept by the director in a special deposit for a period not to exceed six months. If claimed by the tenant during that period, it shall be paid to the tenant. If no claim is made during the period, the sum shall become a government realization and be paid into the general fund. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-54 Sheriff or police to assist.

§356D-54 Sheriff or police to assist.
The authority, in taking, seizing, holding, retaining, or selling any personal property pursuant to sections 356D-52 and 356D-53, may require the assistance of the sheriff or any authorized police officer of any county. Any sheriff or officer, when required, shall assist the authority. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-55 Existing contracts not impaired.

§356D-55 Existing contracts not impaired.
Sections 356D-52 and 356D-53 shall not be construed as to impair or affect the obligation of any contract existing on or before May 9, 1949. [L 2006, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-56.1 Disposition of abandoned or seized property.

§356D-56.1 Disposition of abandoned or seized property.
(a) The authority may sell, donate, or otherwise dispose of property abandoned or seized in or around any state low-income housing project upon compliance with the requirements of this section.
(b) The authority shall send notice by certified mail, at least five calendar days prior to disposition of the abandoned or seized property, to the address of the owner of the property abandoned or seized if the owner is known or can be determined. The notice shall apprise the owner of the identity and location of the property abandoned or seized and of the intent of the authority to sell, donate, or otherwise dispose of the property. If the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises on which the property was abandoned or seized.
(c) If the abandoned or seized property has an estimated value of $500 or more per item, the authority shall also give public notice of the disposition at least once statewide or in a publication of local circulation in the county in which the property was abandoned or seized; provided that the disposition shall not take place fewer than five days after the notice of intent to dispose of the property. The value of the items shall be estimated at the discretion of the authority.
(d) The sale of abandoned or seized property having an estimated value of $500 or more per item as estimated at the discretion of the authority shall be by public auction through oral offers in the county in which the property was abandoned or seized. If no bid is received, the property may be disposed of as the authority deems appropriate.
(e) Any person entitled to the abandoned or seized property may repossess the property prior to its disposition upon proof of entitlement and payment of all unpaid rent, debts, charges, and fines owed to the authority and all handling, storage (not less than $25 per day), appraisal, advertising, and any other expenses incurred in connection with the proposed disposition of the abandoned or seized property.
(f) The requirement of public notice and public auction pursuant to subsections (c) and (d) shall not apply when the value of the abandoned or seized property is less than $500 per item. Such property may be disposed of as the authority deems appropriate.
(g) The proceeds of the sale of abandoned or seized property, after deduction of all unpaid rent, debts, charges, and fines owed to the authority, and all expenses of handling, storage, appraisal, advertising, and other sale expenses, shall be first offset against any amounts owed by the owner to the State. Any amount remaining shall be held in trust for the owner of the property for thirty days, after which time the proceeds shall be paid into the authority's appropriate special fund.
(h) The State, its officers, employees, and agents shall not be liable to the owner of abandoned or seized property for actions taken pursuant to this section. [L 2013, c 147, §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-57 Disposition of surplus proceeds.

§356D-57 Disposition of surplus proceeds.
After the sale, the authority shall apply the proceeds as provided in section 356D-56. The balance, if any remaining, shall be paid over to the former resident or occupant. If the balance is not claimed by the former resident or occupant within thirty days after the sale thereof, then the balance shall be paid over to the director of finance and shall be kept by the director in a special deposit for a period not to exceed six months. If claimed by the former resident or occupant during that period, it shall be paid to the former resident or occupant. If no claim is made during the period, the sum shall become a government realization and shall be paid into the general fund. [L 2006, c 180, pt of §2]
Note
Section 356D-56 referred to in text is repealed. For present provision, see §356D-56.1.
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-58 Lien attaches to personalty in possession.

§356D-58 Lien attaches to personalty in possession.
Sections 356D-56 and 356D-57 shall also apply to any personal property which, before May 2, 1949, was left in or about any public housing project, and was taken into the possession of the authority or its predecessor in interest, as herein set forth and provided. [L 2006, c 180, pt of §2]
Note
Section 356D-56 referred to in text is repealed. For present provision, see §356D-56.1.
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-60 Rights and powers

§356D-60 Rights and powers
;
supplemental.
The rights and powers conferred upon the authority by this subpart shall be in addition and supplemental to the rights and powers conferred upon the authority by any other law. [L 2006, c 180, pt of §2]
Revision Note
This section was renumbered from §356D-70 pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-61 Definitions.

§356D-61 Definitions.
As used in this subpart:
"Party" means each person or agency named or admitted as a party or properly seeking and entitled as the right to be admitted as a party in any court or agency proceeding.
"State low-income housing project" means any state low-income public housing project and program or elder or elderly housing owned, managed, administered, or operated by the authority in accordance with sections 356D-44 and 356D-71.
"Tenant" means any person occupying a dwelling accommodation or living quarters in any state low-income housing project, under or by virtue of any tenancy, lease, or rental agreement under or from the authority. [L 2018, c 204, pt of §1]
2023 Hawaii Revised Statutes › Title 20. Social Services › 356D. Hawaii Public Housing Authority › 356D-62 Termination and evictions.

§356D-62 Termination and evictions.
(a) Except as otherwise provided by law, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a state low-income housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:
(1) Failure to pay rent when due;
(2) Violation of any provision of a lease, rental agreement, permit, or license;
(3) Violation of any rule of the authority;
(4) Failure to maintain the dwelling unit in a clean, sanitary, and habitable condition;
(5) Upon a third violation of section 356D-6.5; provided that a violation of paragraph (2) or (3), or this paragraph by a person who is not a tenant, a guest who is visiting a tenant, or any member of the tenant's household shall be deemed a violation by the tenant; or
(6) The existence of any other circumstances giving rise to an immediate right to possession by the authority.
(b) When any lease, rental agreement, permit, or license is subject to termination pursuant to subsection (a), the authority, either directly or through its managing agent, shall provide the tenant with a written notice that shall inform the tenant of any violation, failure, or circumstances giving rise to an immediate right to possession by the authority and, if the tenant has been delinquent in payment of rent, the amount of that delinquency. [L 2018, c 204, pt of §1]