LIHU‘E — The federal Coronavirus Aid, Relief and Economic Security Act eviction moratorium ended on July 25, but a state emergency proclamation has extended the protection through the end of August.
The Urban Institute estimates about 12.3 million households rent nationwide. According to Princeton University’s Eviction Lab, a group that tracks eviction rates nationwide, about 43.1% of Hawai‘i residents rent their properties.
Gov. David Ige is monitoring the situation closely, he said Tuesday. Ige had already extended the moratorium on evictions for non-payment in July.
“We’ve been watching other states (in regards to) evictions,” Ige said. “We continue to work with housing partners on solutions for homeowners and housing advocates.”
Part of this solution is coming toward the end of the month for some people.
On Sept. 1, the Hawai‘i Housing Finance and Development Cooperation (HHFDC) will launch a $50 million rent relief and housing assistance program to help renters at risk of eviction and homeowners facing mortgage foreclosures.
HHFDC will be working with selected non-profit agencies that will make the payments directly to landlords.
The program is geared toward full-time Hawai‘i residents who can demonstrate a loss of income directly resulting from the COVID-19 pandemic and has a household income of 100% of the area median income or below through December.
The county’s Housing Agency and the Office of the Mayor implemented a program that offered $1,500 per month toward emergency rental, mortgage and utility assistance for up to three months. However, that program quickly reached capacity.
“The cost of housing in Hawai‘i is so great already,” Ige said. “A home represents a lifetime’s worth of savings.”
When Ige issued the 10th emergency proclamation, emergency provision of section 127A-30 of the Hawai‘i Revised Statutes was automatically activated.
These special provisions relate to rentals and the sale of essential commodities during times of emergencies. The state’s Office of Consumer Protection explains evictions can only happen if there is a breach of a material term of a lease; if the unit is unfit for occupancy; the property is sold for value; or the landlord or landlord’s immediate family is moving onto the property.
“The law is clear: these evictions are illegal,” Dan O’Meara, Managing Attorney for the Housing and Consumer Unit of the Legal Aid Society of Hawai‘i said in a statement Tuesday.
The Legal Aid Society of Hawai‘i is currently representing tenants who have been asked to leave their property despite the moratorium. Landlords or property owners violating these rules face a misdemeanor charge, punishable by up to one year in jail or a $5,000 fine.
When the moratorium ends at the end of this month, landlords can provide five business days notice of non-payment of rent and then start the eviction process.
“Native Hawaiians and Pacific Islanders have been especially hard hit by the pandemic and its economic impacts,” Sylvia M. Hussey, Chief Executive Officer of the Office of Hawaiian Affairs, said in a statement. “With a disproportionate number of Native Hawaiians residing in homes that they rent, and with many families struggling to make ends meet even before this pandemic began, the eviction moratorium is the only thing standing in the way of a potential tidal wave of eviction actions and the ensuing mass homelessness of Native Hawaiians and others.”
For those unsure about where they fall under the moratorium, the Legal Aid Society of Hawai‘i can be contacted at 536-4302.
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Sabrina Bodon, public safety and government reporter, can be reached at 245-0441 or sbodon@thegardenisland.com.
