HONOLULU (KHON2) — It’s law week on Wake Up 2Day so don’t miss your chance to get free legal information from the Hawaii State Bar Association’s Young Lawyers Division.
Thursday morning Wake Up 2Day spoke with the Managing Attorney of the Housing and Consumer Unit at the Legal Aid Society of Hawaii, Nick Severson, about landlord-tenant issues.
The rental market in Hawaii is exceedingly tight and rents continue to rise. Unfortunately, this means that tenants may end up in court facing eviction. Severson says it is important for a tenant to show up to their hearing at the date and time indicated on the summons.
“At the initial hearing, the court will ask if they have received a copy of the complaint and whether they admit or deny the allegations in the complaint. If a tenant admits to the allegations, the court will order a writ and judgment, which are the legal documents that would allow their landlord to evict them, typically in the matter of a few days. If the tenant denies the allegations, the court will set another hearing date, either a status hearing or trial, in a few weeks. Oftentimes, landlord and tenant are ordered to participate in mediation, which is a great opportunity to resolve the matter outside of court. It is very important for tenants to keep track of court dates, comply with any orders from the court, and communicate with their landlord or landlord’s attorney to try to resolve the case. An eviction can make it difficult to find housing in the future and could result in the loss of a tenant’s housing subsidy. Individuals seeking assistance with their case can apply for services with the Legal Aid Society of Hawaii by calling (808) 536-4302 or applying online at legalaidhawaii.org.”
Legal Aid addresses housing discrimination in the community as well. Severson says it’s important for victims of housing discrimination to know about their rights.
“Unfortunately, housing discrimination happens more often than many think. The types of housing discrimination we see most frequently is discrimination based on disability, national origin and familial status. We also see a fair bit of retaliation by housing providers after someone has attempted to exercise their fair housing rights. Both the federal Fair Housing Act and Hawaii Fair Housing Act prohibit discrimination based on membership in certain protected classes, including race, religion, sex, gender identity and expression, disability, national origin, familial status, and more. If someone believes that they have been a victim of housing discrimination, they can make a complaint to the Hawaii Civil Rights Commission within 180 days of the last date of discrimination or the US Department of Housing and Urban Development (HUD) within one year of the last date of discrimination.”
The Maui wildfires have caused Governor Green to make a series of emergency proclamations to address some of the issues resulting from the fires.
“Tenants on Maui cannot be evicted for nonpayment of rent,” Severson said. “It is also prohibited for a landlord to terminate a month-to-month tenancy with 45-days notice in most cases. A landlord can terminate a month-to-month tenancy if an immediate family member is moving in or if the property has been sold to a bona fide purchaser. However, a landlord terminating a tenancy in this fashion is required to submit an affidavit with supporting documentation to the County of Maui in order to move forward with said termination. Both landlords and tenants should carefully review the latest proclamation, which is available on the Governor’s website, and seek legal counsel to understand what their rights are.”
The HSBA Young Lawyers division also has a legal hotline, (808) 537-1868, to help offer general advice and referrals. That’s from 6 to 7 p.m. until Friday night. Lawyers will be standing by at various in-person booths across the state during the week.
Tune in Friday morning to Wake Up 2Day to hear some legal advice on bankruptcy.