KAPA‘A — The 14 modified shipping containers on the boardwalk of the NoKa Fair in Kapa‘a have housed more than a dozen people since late 2020.
Though originally intended as shop space, property owner South Pacific Bistro struggled to fill them with vendors as the COVID-19 pandemic shut down the tourism economy, and began renting them as apartments at $800 to $1,000 a month.
These properties are still zoned for commercial, not residential use, public tax records show — a fact which made them the subject of a Kaua‘i County Planning Department investigation that concluded last week.
“The investigation determined that the owner is coming into compliance, and therefore a notice of violation was not issued,” wrote Planning Director Ka‘aina Hull in a statement. “Should the property owner wish to convert the property to permitted residential use, we would work with him on the process to create safe, legal dwellings.”
“Coming into compliance” involves shutting down the apartments by Oct. 22 — leading to a series of evictions that have been hurried and often illegal.
‘Self-help’ evictions
Three eviction cases have been officially filed in court on behalf of NoKa Fair property owner South Pacific Bistro LLC and its President Jimmy Jasper, a Kaua‘i developer who owns property in Kapa‘a and Lihu‘e. Tenants report that everyone living in the containers, around a dozen people, have now received a notice to quit.
“Overall, it was a good idea. It could have provided housing for a lot of people had it been done right,” said one former tenant, a substitute teacher who due to
privacy concerns requested to be identified as B.B. “They could have really helped some people out.”
In Dec. 2020, B.B. became one of the first tenants to sign on to live in the storage container apartments, which she discovered through a Craigslist ad while searching for affordable housing. Though the 200-square-foot units lacked running water, she appreciated the comparatively low rents.
This May, she was one of the first tenants on the property to receive a notice to quit. Like other tenants, she had initially signed a long-term lease, which had since lapsed and gone month-to-month. Struggling to find a new place with limited notice, she elected to go through the legal eviction process.
Before the case was filed in court, B.B. reported the locks on the shared bathroom had been changed without warning. Though other tenants were given new keys, she was not, leaving her suddenly without bathroom access.
She left the apartment in August, and has since filed a small claim against the landlord because, she said, they did not return her $800 security deposit without cause. She was frustrated with Jasper’s actions, saying he “didn’t respect tenants.”
Jasper declined to comment.
Local musician Tim Todd — who has lived in one of the containers with his fiancé Erin Orshal since May 2021 — received a notice to quit in June.
While a court eviction was still in progress, Todd and Orshal’s electricity was shut off and their access to the bathrooms was restricted. A neighbor plugged in an extension cord to help them out, but Todd reported it was repeatedly cut.
“He’s been doing everything to bully us out without taking the legal route, which is very simple,” said Orshal.
Todd signed a mediation agreement in September, in which he and Orshal agreed to vacate the property by Oct. 22 in exchange for the property owners turning their electricity back on.
Another tenant, who wished to remain anonymous, also reported his electricity was shut off and his access to the bathrooms was limited before his eviction case made its way through the courts.
‘Completely illegal’
According to attorney Ray Kong, legal director at Lawyers for Equal Justice, actions like shutting access to the bathroom and turning off the electricity are “completely illegal.”
“The law really leans towards protecting the tenant until there’s a court order,” said Kong. “There’s a strict procedure that needs to happen.”
Kong clarified that this applies even in cases where the tenant’s lease had expired.
He explained that this tactic is used by landlords who want to avoid a drawn-out, court-eviction process, and it is sometimes used in cases where the apartments are not legally rented.
“A landlord might think, ‘If I’m already doing this under the table, I’m just going to keep it that way,’” Kong said.
With high rents throughout the island, many tenants are struggling to find a backup plan before the apartments are shut down on Oct. 22. Data published by Hawai‘i Realtors in June showed a 12 percent increase in home prices in 2022, with an average home selling for $1.2 million, and comparable bumps in rents for tenants.
Though Todd reported the landlords are assisting some in finding new housing, others, like he and Orshal, have not been so lucky.
“For us, I don’t see anything else except for living in a tent somewhere,” said Orshal.
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Guthrie Scrimgeour, reporter, can be reached at 808-647-0329 or gscrimgeour@thegardenisland.com.
