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