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Even with extension, landlords and tenants still have work to do

Judiciary, mediators not seeing large spike in eviction cases

By Dakota Grossman 7 min read

Despite the federal government's extension of the eviction moratorium, local officials told landlords and tenants to be proactive in seeking aid and knowing their rights, expressing concerns over the few cases filed since the temporary hold on evictions ended in Hawaii.

Following Gov. David Ige's decision to end the state's eviction moratorium on Aug. 6 after keeping it in place since April 17, 2020, the CDC issued a new order temporarily halting evictions in counties with heightened levels of community COVID-19 transmission.

All counties are covered by this eviction moratorium that ends on Oct. 3, prohibiting landlords from filing for eviction or charging any fees for unpaid rent and fees during the moratorium and requiring them to issue a notice to tenants to vacate 30 days before an eviction once the moratorium ends.

"At this point, you need to be proactive and I think it's part of the reason why the governor decided to allow the eviction moratorium to end," Central Maui state Rep. Troy Hashimoto said during a roundtable discussion on Friday. "Because we wanted to get to some type of normalcy and we wanted to promote proactiveness, making sure that those who needed to apply for rental relief, do so."

Much of the federal rental relief funding needs to be used by Sept. 30 before it's allocated to another island, Hashimoto said.

To address confusion regarding the eviction moratorium, as well as to help tenants and landlords understand "what your legal rights are," a panel of judges, government officials, attorneys and nonprofits held the discussion Friday on the extension.

"I didn't think we'd do another panel, but the situation is changing," said Maui County Council Member Yuki Lei Sugimura, who facilitated the discussion while retired Judge Joseph Cardoza, chairperson of the Hawaii Access to Justice Commission, helped to mediate the speakers.

The temporary eviction ban will continue until a county no longer has substantial or high levels of community transmission for 14 consecutive days or on Oct. 3, whichever comes earlier, according to Ige.

"I encourage renters to apply for rental assistance, as counties have funding available," he said in a news release.

Renters are encouraged to fill out the CDC declaration form to see if they qualify for a temporary halt in an eviction and follow the necessary steps to be protected under the order.

If a renter qualifies, they must provide the completed and signed CDC declaration form to their landlord or landlord's representative. The tenant should keep one for their records.

Renters who don't follow this step will not be protected from eviction.

Landlord attorney David Chee said that some qualifications listed in the order include that the tenant must be using best efforts to make timely partial rent payments that are as close to the full rent payment and that they have used best efforts to obtain all available governmental assistance for rent or housing.

The renter must also attest that they are unable to pay the full rent or make a full housing payment due to substantial loss of household income or a loss in work hours and that eviction would likely render the individual homeless.

Failing to provide accurate information could result in penalty.

For the full list of qualifications and the declaration form, visit www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html.

Chee said that most landlords do not want to evict their tenants and that they are just seeking a solution to the common problem of paying rent.

The first step to resolving the situation is communication, Chee said. A new state law requires landlords and tenants to take specific actions before going to court, including participation in mediation.

Bevanne Bowers, executive director of Maui Mediation Services, said that the nonprofit helps to develop the best solution and wants to make the process "as easy as possible" for both the tenant and landlord.

Following the state's expired eviction moratorium, Bowers said that the office has received a slight increase in notices -- fewer than 20 since Aug. 7.

Bowers encouraged tenants and landlords to contact the office to seek resources.

"The entire purpose of this is to foster communication," she said. "To get them to sit down so that they can possibly resolve the issue without contributing to homelessness that we already have in our county. So we are seeing a trickle in cases, but we are ready for so much more."

District Court Judge Kirstin Hamman added that it's "a bit concerning that there have been so little cases" filed since the end of the state moratorium and encouraged people to begin contacting Maui Mediation Services.

A landlord can file a complaint on the 16th day after a notice of eviction is given if the tenant does not schedule mediation. If the tenant does schedule mediation services, the landlord is required to participate and then the complaint is filed 30 days after giving that notice, Hamman said.

If a court date is scheduled, one side automatically wins if the other does not show.

During the panel discussion, Sugimura reminded the community of the aid that's available and encouraged families and individuals to "just pick up the phone."

"We're here to help you," she said.

The Maui County Department of Housing and Human Concerns and partner agency Catholic Charities of Hawaii have provided $7.7 million in rental assistance to eligible Maui County families to date as well as paid out more than $250,000 in utilities.

"My message to folks who might be listening or those who might think they know somebody that needs help is that we've helped plenty of people already," said Director Lori Ann Tsuhako. "We have funding to help many more."

The Maui County Emergency Rental Assistance Program is accepting applications and offering funding, "so that we can provide it to help our neighbors and our friends and our families," she said.

The department has "done our best to create a safety net for people who might be in these circumstances," like those who are behind in rent or utilities, or who have lost their job or had their hours reduced, she added.

Catholic Charities Hawaii's Maui office is launching a new rental and utility assistance program, which is open until September 2022 or while funding is available, said Thelma Kealoha, Maui community director.

Maui Economic Opportunity CEO Debbie Cabebe was also on the panel Friday, adding that MEO is one of the administrators of the county Rental Assistance Program grant as well as other relief programs, education and services.

Many families are also struggling with paying their power bills throughout the pandemic, added Mahina Martin, director of government and community affairs for Hawaiian Electric Co.

However, Martin encourages households to use the resources and relief programs available on the HECO website.

"Keep your accounts open, we want to help you," she said. "Use the programs to get what you need covered. ... The way forward is to find some stability economically for yourself, your household, your family."

For more information on relief funds, mediation or legal aid, contact:

• Catholic Charities at 873-4673.

• MEO at 249-2970.

• Hawaiian Electric Co. at 871-7777 on Maui and (877) 871-8461 on Molokai and Lanai.

• Maui Mediation Services at 344-4255.

• State Landlord-Tenant Hotline at (808) 586-2634 or Legal Aid Society of Hawaii at (808) 536-4302 to seek information about rights as a tenant. For more information about landlord-tenant eviction in Maui County and for free legal resources, visit www.courts .state.hi.us/landlord-tenant-eviction-information-second-circuit-maui-county.

For more information about the eviction moratorium, visit homelessness.hawaii.gov/eviction-moratorium-resources/.

* Dakota Grossman can be reached at dgrossman@mauinews.com.

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