Whenever an emergency proclamation has been issued, … Binejal was afraid he and his pregnant wife would end up on the streets. Despite Hawaii’s eviction moratorium, tenant advocates report that landlords have been using illegal tactics to evict tenants. 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 … “I was panicked and was afraid of being homeless,” Binejal said through an interpreter Tuesday. 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. 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 … But he asked the courts to stay evictions through September. 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, David Ige speaks at Tuesday’s news conference in Honolulu. 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. How many evictions will there be when the moratorium is over? Hawaii Public Housing Authority executive director Hakim Ouansafi says new rules to ensure social distancing and prevent gatherings are necessary for public safety. It does not prevent evictions for other breaches of the rental agreement. She’s worried it will lead to selective enforcement and illegal housing discrimination based on stereotypes. Get our latest environmental news on a monthly basis, including updates on Nathan Eagle's 'Hawaii 2040' series. Local residents prepare for evictions as moratorium ends soon. Civil Beat readership has more than doubled in the past year. 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. Newsom signed AB 3088, which bans evictions of … Q: What will happen when the Eviction Moratorium ends? Correction: A previous version of this story incorrectly said that O’Meara said he issued the TROs. HONOLULU – Gov. In response, the Centers for Disease Control and Prevention issued the federal moratorium in September that broadly prevents evictions through the end of 2020. 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. It does not prevent evictions for other breaches of the rental agreement. We will update these resources as the situation evolves. Sign up for our FREE morning newsletter and face each day more informed. The Office of Consumer Protection has created FAQs pertaining to how these provisions impact their legal relationship. If the tenant is unable to pay the rent, that amount is still owed to the landlord. His sick parents flew back home to the Marshall Islands since he could no longer support them. Governor David Ige’s recent emergency proclamations concerning the coronavirus invoked special legal requirements applicable to Landlords and Tenants in Hawaii. It incorporates the Fifth Supplemental Emergency Proclamation, which created the state-wide Eviction Moratorium, and extended the Eviction Moratorium until August 31, 2020. SLIDESHOW: This Santa Carries On Despite The Pandemic, HAWAII VIRUS TRACKER — Dec. 24: 129 New COVID-19 Cases, Eric Stinton: How We All Survived A Semester Of Zoom Classes, Neal Milner: Biden’s Job Will Be To Chip Away At Sectarian Hatred, Scientists Unveil New 3D Maps In Race To Save Hawaii Coral, Medical-Legal Partnership for Children in Hawaii, arrest people who violate quarantine rules and publicize those arrests, Use the RSS feed to subscribe to Anita Hofschneider's posts today, Mayor, Police Chief Owe Public Answers On Surveillance Scheme, The Pandemic Is Hitting Hawaii’s Filipino Community Hard. Will you consider becoming a new donor before the end of the year? National Updates. The ban applies to the roughly 8.1 million homeowners with single-family mortgages insured by … Even some landlords have been calling, wanting to know how they can get around the moratorium to eject tenants. Another resource is the Legal Aid Society of Hawaii, which can be reached at 1-800-499-4302. Attorney Dina Shek is representing Binejal, who she says is among many tenants being kicked out despite the state moratorium. In some cases, tenants can’t afford to move. In the meantime, we have other newsletters that you might enjoy. You can reach her by email at, Sorry. A confirmation email will arrive shortly. “Evictions are generally civil matters, not criminal. March 20, 2020: Gov. These are texts between one of Helper’s clients and their landlord. His wife is due next month. 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. David Ige issued to address the pandemic. The moratorium on evictions was issued in the Fifth Emergency Proclamation. To remain a viable business model for local news, we need a higher percentage of readers-turned-donors. The Hawaii State Judiciary have created a working group to create a plan for handling the end of the Eviction Moratorium to hopefully handle the cases as smoothly as possible. But Deja Ostrowski, an attorney from the Medical-Legal Partnership for Children of Hawaii, said the rules raise red flags. The Eviction Moratorium prevents the eviction of tenants for non-payment of rent. More than half of S.A. families could be protected from eviction through end of August. That’s incredible growth for which we’re so grateful. 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. You'll hear from us whenever Civil Beat publishes a major project or investigation. The minimumum donation amount is $5.00. Because while landlords may ask tenants who can’t pay rent to … David Ige signed a fifth emergency supplementary proclamation that includes an eviction moratorium — which prevents any eviction from a … The Alas… 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. Fish and Wildlife Service Headquarter, Stay Up To Date On The Coronavirus And Other Hawaii Issues. He said he reached out to the Marshall Islands consul general, HPD, the state and still wasn’t able to keep his housing. 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. Hawaii courts aren’t currently processing evictions. 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. It’s been four months since Gov. It incorporates the Fifth Supplemental Emergency Proclamation, which created the state-wide Eviction Moratorium, and extended the Eviction Moratorium until August 31, 2020. Our mission is to engage and educate the community on important public issues through in-depth reporting, explanatory and investigative journalism, analysis and commentary. Gov. Periodic rentals of residential real estate are considered a commodity under the law. The eviction moratorium and the quarantine rules are part of the same set of emergency orders that Gov. By mid-June, he said the landlord took his keys before he was able to move out all of his stuff, and he also lost his security deposit. HONOLULU, Hawaii (HawaiiNewsNow) - The governor plans to extend a moratorium on evictions for failure to pay rent through the end of August, he announced Monday. Eviction status: Hawaii’s eviction moratorium runs through Dec. 31 and prohibits eviction cases due to nonpayment from going forward. 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. David Ige said he plans to extend of the state’s moratorium on evictions through the … Finance. The national eviction moratorium is running out. The CARES Act also requires mortgage servicers to allow homeowners to forbear their mortgage payments for six months, plus another six months if requested. The only news outlet in Hawaii dedicated to public affairs reporting. Copyright © 2010-2020 Honolulu Civil Beat Inc. All rights reserved. Ige plans to extend the state’s moratorium on residential evictions in the coming 12th supplemental emergency proclamation. Will it be extended? “We are now stepping up, we are going to be advocating for our people,” he said. Hawai‘i eviction moratorium nears end LIHU‘E — The federal Coronavirus Aid, Relief and Economic Security Act eviction moratorium ended on July … The Eviction Moratorium does apply to fixed-term leases. We’re inching closer to reaching our $200,000 year-end campaign goal. 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. Residents who need more information on the eviction moratorium can call (808) 586-2634 from 8 a.m. to noon Monday through Friday. If you value our independent, investigative reporting, please consider making a tax-deductible gift to support our local nonprofit newsroom. HUD to extend foreclosure ban protecting 8.1 million people until 2021. Shek said she has contacted HPD regarding evictions and in one case an officer took down a statement. Q: How do I handle tenants on a month-to-month lease under the current Emergency Proclamation and Eviction Moratorium? 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. 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. Eviction moratorium violations, like quarantine violations, are punishable by up to a year in jail or a $5,000 fine. You can unsubscribe any time. “Generally speaking, it’s not the big landlords who are doing this,” he said, noting that many mom and pop landlords seem unaware of the eviction moratorium until contacted by an attorney. Governor David Ige’s Thirteenth Proclamation issued today extends the period through the end of October. The rental moratorium eviction was extended through Sept. 30. He couldn’t pay the $1,200 per month rent in April, giving his landlord only about $800. His landlord said he needed the money, so Binejal said he gave his landlord his whole paycheck and relied on relatives for food. Now they live tripled up in a two-bedroom apartment with two couples, including another pregnant couple. 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. 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. Be the first to hear about important news stories with these occasional emails. Kentucky: Evictions were allowed to resume from August 25, however renters can apply for protection under the CDC order. 1. 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. Department of Housing and Urban Development. But Jendrikdrink Paul, president of the Marshallese Community Organization of Hawaii, said at the press conference Tuesday that they’re also very concerned about illegal evictions. David Ige put a moratorium on evictions for nonpayment of rent in the midst of widespread unemployment due to pandemic shutdowns. Get occasional emails highlighting essays, analysis and opinion from IDEAS, Civil Beat's commentary section. Local residents prepare for evictions as moratorium ends soon. Looking at fiscal year 2018-2019 as an example, approximately 2,400 summary possession cases were filed in the State of Hawaii. Check the boxes for emails you'd like to receive. For years Annel Binejal had managed to keep his four-person family afloat working full time with his $12-per-hour wage. You're officially signed up for our daily newsletter, the Morning Beat. After two warnings, violators may be evicted. Dina Shek, executive director of the Medical-Legal Partnership for Children in Hawaii, said she’s particularly concerned about the state’s lack of enforcement of the eviction moratorium. On August 31, 2020 Gov. While this action does provide foreclosure relief to some homeowners, it does not protect a single renter from eviction. County police departments have been quick to arrest people who violate quarantine rules and publicize those arrests. 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. 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. We'll send you a confirmation e-mail shortly. A: We do not know what will happen when the Eviction Moratorium ends. The Marshallese community in Hawaii has been meeting weekly for months to spread awareness and help prevent the virus from spreading in their community. 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 … 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. COVID-19 Amendment/Addendum Form. Mahalo! The guidance provided is current as of July 17, 2020 and may be subject to change per actions taken Civil Beat ® is a registered trademark of Honolulu Civil Beat Inc. Flickr: U.S. Can I remove the tenant when the lease is up? 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. Q: Tenants have been saying that they do not have to pay rent because of the Eviction Moratorium, is that true? David Ige speaks at Tuesday’s news conference in Honolulu. Nonprofits say they are being overwhelmed with calls from desperate renters. But landlords have other ways to force their tenants out. Landlords also had to provide 30 days' notice for eviction. “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. It is also unknown if the Eviction Moratorium will be extended beyond its current August 31, 2020 end date. Gov. CNET Starting Jan. 1, 2021, landlords will once again be able to legally evict tenants for failure to pay rent. Ige plans to extend the state’s moratorium on residential evictions in … 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. Binejal is speaking out now because he doesn’t want this to happen to anyone else. Mike Dunleavy(R) released the "Alaska COVID-19 Economic Stabilization Plan". 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. With the moratorium currently expected to end before September, Hawaii joins the rest of the nation on the brink of a massive eviction crisis. A: When an emergency proclamation is in effect, month-to-month tenancies are considered commodities. We have raised $183,000 toward our $200,000 year-end goal! Anita Hofschneider is a reporter for Civil Beat. 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. Yet, protections do not apply to private mortgages or properties that are owned outright. 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. The truth is that less than 1% of our monthly readers are financial supporters. 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 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. Ouansafi said it’s necessary to ensure the safety of the community. You may want to refer to the Landlord-Tenant Code,” she said in an email. A: Tenants still owe rent due on the rental agreement even though there is an Eviction Moratorium. “Our responsibility is to the 40,000 or so tenants that we serve.”. The state’s moratorium is slated to expire on Aug. 31. The proceedings have resumed in more than 30 states.The moratorium in Hawaii and Illinois end this week, and in August, evictions will pick up … David Ige placed a moratorium on evictions until Aug. 31, as thousands of Hawai‘i residents lost their jobs due to the pandemic. 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 … Landlords, tenants clash despite eviction moratorium By MICHAEL BRESTOVANSKY Hawaii Tribune-Herald | Wednesday, August 5, 2020, 12:05 a.m. A … State eviction moratorium extended through October HONOLULU — Gov. Inbox overcrowded? 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. In response to the circumstances that may affect transactions during this pandemic, the Hawai‘i REALTORS® Standard Forms Committee created this new form. Don't worry, you can unsubscribe or update your preferences at any time. Q: What about a fixed-term lease during the Emergency Proclamation? “This move is disappointing and does little to make the public housing community safer by threatening to evict people to the streets,” she said, adding that the last-minute meeting prevented public input. And don't worry, we hate spam too! The Eviction Moratorium prevents the eviction of tenants for non-payment of rent. 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. 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. 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. The new requirements mandate mask-wearing on Housing Authority property, along with social distancing, and prohibits gatherings or visitors. On July 17, 2020 Governor Ige issued the Tenth Supplemental Emergency Proclamation Relating to COVID-19. He had heard that evictions weren’t supposed to happen, but says his landlord came into his apartment and told him he needed to leave and had already found someone to take his place. Eviction moratoriums instituted by 44 states beginning in March have mostly expired. Updated: August 12 Whenever an emergency proclamation has been issued, Hawaii Revised Statutes 127A-30 takes effect, which imposes limitation on commodities throughout the state. Thanks! 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. 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. Ige to extend eviction moratorium By TOM LINDER West Hawaii Today | Wednesday, August 19, 2020, 12:05 a.m. Gov. Unlike tenants’ advocates, Chee says Hawaii’s eviction moratorium has been effective in keeping people housed. But for a small nonprofit newsroom that provides free content with no paywall, readership growth alone can’t sustain our journalism. 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