David Ige signed a fifth emergency supplementary proclamation that includes an eviction moratorium — which prevents any eviction from a … HONOLULU – Gov. Be the first to hear about important news stories with these occasional emails. The CARES Act also requires mortgage servicers to allow homeowners to forbear their mortgage payments for six months, plus another six months if requested. Hawaii Public Housing Authority executive director Hakim Ouansafi says new rules to ensure social distancing and prevent gatherings are necessary for public safety. Ige to extend eviction moratorium By TOM LINDER West Hawaii Today | Wednesday, August 19, 2020, 12:05 a.m. Gov. 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. Hawaii courts aren’t currently processing evictions. David Ige speaks at Tuesday’s news conference in Honolulu. Governor David Ige’s Thirteenth Proclamation issued today extends the period through the end of October. 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. 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 … But landlords have other ways to force their tenants out. Finance. CNET Starting Jan. 1, 2021, landlords will once again be able to legally evict tenants for failure to pay rent. If you value our independent, investigative reporting, please consider making a tax-deductible gift to support our local nonprofit newsroom. Fish and Wildlife Service Headquarter, Stay Up To Date On The Coronavirus And Other Hawaii Issues. You may want to refer to the Landlord-Tenant Code,” she said in an email. A ban on housing evictions across Hawaii will be extended through the end of August as a result of the growing COVID-19 pandemic and its on-going economic devastation across the … 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. Department of Housing and Urban Development. Eviction moratoriums instituted by 44 states beginning in March have mostly expired. We have raised $183,000 toward our $200,000 year-end goal! 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. 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. Gov. 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 … Mike Dunleavy(R) released the "Alaska COVID-19 Economic Stabilization Plan". HUD to extend foreclosure ban protecting 8.1 million people until 2021. Another resource is the Legal Aid Society of Hawaii, which can be reached at 1-800-499-4302. But for a small nonprofit newsroom that provides free content with no paywall, readership growth alone can’t sustain our journalism. “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 recent emergency proclamations concerning the coronavirus invoked special legal requirements applicable to Landlords and Tenants in Hawaii. The Marshallese community in Hawaii has been meeting weekly for months to spread awareness and help prevent the virus from spreading in their community. With the moratorium currently expected to end before September, Hawaii joins the rest of the nation on the brink of a massive eviction crisis. After two warnings, violators may be evicted. The state’s moratorium is slated to expire on Aug. 31. The moratorium on evictions was issued in the Fifth Emergency Proclamation. March 20, 2020: Gov. Landlords, tenants clash despite eviction moratorium By MICHAEL BRESTOVANSKY Hawaii Tribune-Herald | Wednesday, August 5, 2020, 12:05 a.m. A … The Office of Consumer Protection has created FAQs pertaining to how these provisions impact their legal relationship. Attorney Dina Shek is representing Binejal, who she says is among many tenants being kicked out despite the state moratorium. Sign up for our FREE morning newsletter and face each day more informed. “I was panicked and was afraid of being homeless,” Binejal said through an interpreter Tuesday. 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. Q: What will happen when the Eviction Moratorium ends? 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. Eviction moratorium violations, like quarantine violations, are punishable by up to a year in jail or a $5,000 fine. You'll hear from us whenever Civil Beat publishes a major project or investigation. 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 truth is that less than 1% of our monthly readers are financial supporters. Nonprofits say they are being overwhelmed with calls from desperate renters. 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. It incorporates the Fifth Supplemental Emergency Proclamation, which created the state-wide Eviction Moratorium, and extended the Eviction Moratorium until August 31, 2020. In response, the Centers for Disease Control and Prevention issued the federal moratorium in September that broadly prevents evictions through the end of 2020. 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. Anita Hofschneider is a reporter for Civil Beat. Will it be extended? Ige plans to extend the state’s moratorium on residential evictions in … We'll send you a confirmation e-mail shortly. 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. Shek said she has contacted HPD regarding evictions and in one case an officer took down a statement. 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, “Evictions are generally civil matters, not criminal. 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. 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. A: When an emergency proclamation is in effect, month-to-month tenancies are considered commodities. 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 … The Alas… Whenever an emergency proclamation has been issued, … The guidance provided is current as of July 17, 2020 and may be subject to change per actions taken We’re inching closer to reaching our $200,000 year-end campaign goal. That’s incredible growth for which we’re so grateful. Gov. If the tenant is unable to pay the rent, that amount is still owed to the landlord. Civil Beat readership has more than doubled in the past year. 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. His landlord said he needed the money, so Binejal said he gave his landlord his whole paycheck and relied on relatives for food. To remain a viable business model for local news, we need a higher percentage of readers-turned-donors. Because while landlords may ask tenants who can’t pay rent to … 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 … 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. Unlike tenants’ advocates, Chee says Hawaii’s eviction moratorium has been effective in keeping people housed. Our mission is to engage and educate the community on important public issues through in-depth reporting, explanatory and investigative journalism, analysis and commentary. 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. Residents who need more information on the eviction moratorium can call (808) 586-2634 from 8 a.m. to noon Monday through Friday. Even some landlords have been calling, wanting to know how they can get around the moratorium to eject tenants. Mahalo! The only news outlet in Hawaii dedicated to public affairs reporting. You can reach her by email at, Sorry. 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. Binejal was afraid he and his pregnant wife would end up on the streets. His wife is due next month. In some cases, tenants can’t afford to move. Q: Tenants have been saying that they do not have to pay rent because of the Eviction Moratorium, is that true? But once the pandemic hit, the 22-year-old Waipahu resident’s hours were slashed almost in half. 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. Local residents prepare for evictions as moratorium ends soon. Will you consider becoming a new donor before the end of the year? Q: How do I handle tenants on a month-to-month lease under the current Emergency Proclamation and Eviction Moratorium? He said he reached out to the Marshall Islands consul general, HPD, the state and still wasn’t able to keep his housing. A: We do not know what will happen when the Eviction Moratorium ends. We will update these resources as the situation evolves. 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. A: Tenants still owe rent due on the rental agreement even though there is an Eviction Moratorium. Whenever an emergency proclamation has been issued, Hawaii Revised Statutes 127A-30 takes effect, which imposes limitation on commodities throughout the state. In response to the circumstances that may affect transactions during this pandemic, the Hawai‘i REALTORS® Standard Forms Committee created this new form. Periodic rentals of residential real estate are considered a commodity under the law. It does not prevent evictions for other breaches of the rental agreement. A confirmation email will arrive shortly. The rental moratorium eviction was extended through Sept. 30. Thanks! The minimumum donation amount is $5.00. He couldn’t pay the $1,200 per month rent in April, giving his landlord only about $800. 1. COVID-19 Amendment/Addendum Form. 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. State eviction moratorium extended through October HONOLULU — Gov. 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. She’s worried it will lead to selective enforcement and illegal housing discrimination based on stereotypes. David Ige put a moratorium on evictions for nonpayment of rent in the midst of widespread unemployment due to pandemic shutdowns. “We are now stepping up, we are going to be advocating for our people,” he said. Ouansafi said it’s necessary to ensure the safety of the community. You're officially signed up for our daily newsletter, the Morning Beat. Looking at fiscal year 2018-2019 as an example, approximately 2,400 summary possession cases were filed in the State of Hawaii. 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. 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. Copyright © 2010-2020 Honolulu Civil Beat Inc. All rights reserved. Get occasional emails highlighting essays, analysis and opinion from IDEAS, Civil Beat's commentary section. On July 17, 2020 Governor Ige issued the Tenth Supplemental Emergency Proclamation Relating to COVID-19. It’s been four months since Gov. 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. 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. Get our latest environmental news on a monthly basis, including updates on Nathan Eagle's 'Hawaii 2040' series. David Ige speaks at Tuesday’s news conference in Honolulu. 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 and the quarantine rules are part of the same set of emergency orders that Gov. You can unsubscribe any time. 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. But Deja Ostrowski, an attorney from the Medical-Legal Partnership for Children of Hawaii, said the rules raise red flags. 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. Local residents prepare for evictions as moratorium ends soon. Ige plans to extend the state’s moratorium on residential evictions in the coming 12th supplemental emergency proclamation. Correction: A previous version of this story incorrectly said that O’Meara said he issued the TROs. These are texts between one of Helper’s clients and their landlord. Binejal is speaking out now because he doesn’t want this to happen to anyone else. More than half of S.A. families could be protected from eviction through end of August. Yet, protections do not apply to private mortgages or properties that are owned outright. 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 ban applies to the roughly 8.1 million homeowners with single-family mortgages insured by … It does not prevent evictions for other breaches of the rental agreement. 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. Despite Hawaii’s eviction moratorium, tenant advocates report that landlords have been using illegal tactics to evict tenants. “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. Newsom signed AB 3088, which bans evictions of … 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. 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. 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 … County police departments have been quick to arrest people who violate quarantine rules and publicize those arrests. National Updates. It is also unknown if the Eviction Moratorium will be extended beyond its current August 31, 2020 end date. Now they live tripled up in a two-bedroom apartment with two couples, including another pregnant couple. Q: What about a fixed-term lease during the Emergency Proclamation? Inbox overcrowded? And don't worry, we hate spam too! 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. While this action does provide foreclosure relief to some homeowners, it does not protect a single renter from eviction. “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. Eviction status: Hawaii’s eviction moratorium runs through Dec. 31 and prohibits eviction cases due to nonpayment from going forward. Hawai‘i eviction moratorium nears end LIHU‘E — The federal Coronavirus Aid, Relief and Economic Security Act eviction moratorium ended on July … On August 31, 2020 Gov. But he asked the courts to stay evictions through September. 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. Landlords also had to provide 30 days' notice for eviction. David Ige issued to address the pandemic. 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. The national eviction moratorium is running out. Kentucky: Evictions were allowed to resume from August 25, however renters can apply for protection under the CDC order. 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. David Ige said he plans to extend of the state’s moratorium on evictions through the … In the meantime, we have other newsletters that you might enjoy. 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. “Our responsibility is to the 40,000 or so tenants that we serve.”. The Eviction Moratorium prevents the eviction of tenants for non-payment of rent. 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 incorporates the Fifth Supplemental Emergency Proclamation, which created the state-wide Eviction Moratorium, and extended the Eviction Moratorium until August 31, 2020. Don't worry, you can unsubscribe or update your preferences at any time. David Ige placed a moratorium on evictions until Aug. 31, as thousands of Hawai‘i residents lost their jobs due to the pandemic. Check the boxes for emails you'd like to receive. The new requirements mandate mask-wearing on Housing Authority property, along with social distancing, and prohibits gatherings or visitors. How many evictions will there be when the moratorium is over? For years Annel Binejal had managed to keep his four-person family afloat working full time with his $12-per-hour wage. The Eviction Moratorium does apply to fixed-term leases. Can I remove the tenant when the lease is up? Civil Beat ® is a registered trademark of Honolulu Civil Beat Inc. Flickr: U.S. The Eviction Moratorium prevents the eviction of tenants for non-payment of rent. His sick parents flew back home to the Marshall Islands since he could no longer support them. 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. Updated: August 12 S necessary to ensure social distancing and prevent gatherings are necessary for public.. Residential evictions in the meantime, we need a higher percentage of readers-turned-donors is a trademark... 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