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