ADOPTION OF EMERGENCY ADMINISTRATIVE RULES RELATING TO EVICTION BY THE HAWAII PUBLIC HOUSING AUTHORITY

Pursuant to sections 91-3 and 91-4, Hawaii Revised Statutes, the Hawaii Public Housing Authority (HPHA) hereby provides notice that it has adopted Emergency Rules Relating to Eviction. The Emergency Rules were approved by the HPHA Board of Directors on February 19, 2026, and filed with the Office of the Lieutenant Governor on or about February 26, 2026. The Emergency Rules shall remain in effect for a period no longer than 120 calendar days from the date of filing without renewal.

The Emergency Rules suspend sections 17-2020-33 and 17-2028-59, Hawaii Administrative Rules, and amend the standards for the proposed termination of a rental agreement and non-curable violations for the purposes of addressing the significant increase in criminal activity at federally assisted public housing properties. More specifically, the Emergency Rules:
Provide that the following violations are to be considered non-curable by the Eviction Board:
o Any conduct on any of the HPHA’s properties that threaten or could threaten the health or safety of other residents, the HPHA’s employees or representatives, or other individuals on a property or that damages the HPHA’s property itself;
o Any criminal activity on any of the HPHA’s properties that threatens or could threaten the health, safety, or right to peaceful enjoyment of other residents, the HPHA’s employees or representatives, or other individuals on a property or that damages the HPHA’s property itself;
o Where any family member has been convicted of a felony during the term of the tenancy, including but not limited to felonies involving violence, threats of violence, weapons, sexual offenses, crimes against persons, crimes against property, offenses involving the HPHA’s or a resident or tenant association’s property or funds, or any other felony that threatens, or that could threaten the health, safety, or peaceful enjoyment of the premises by others;
o Any property damage, regardless of whether such damage threatens or could threaten the health or safety of other residents, the HPHA’s employees or representatives, or other individuals, which requires repair at a projected cost which exceeds 60% of a household’s adjusted income or which the household cannot pay off in six months if the household has no income;
o Any violation where the family allows an individual, who they know or should have known to be trespassed from the property, to visit or stay on the property or in the unit during the trespass period;
o Any violation where at the time of admission, reexamination, interim or at any other time, the family has submitted false information or has withheld valuable information or has made willful misstatements; and
o Any false statement or misrepresentation by a household during any HPHA grievance or eviction hearing that affects or could reasonably affect the hearing decision; and
Provide that the HPHA may terminate a rental agreement when a tenant, a member of the tenant’s household, or any guest or other person under the tenant’s control;
o Engages in illegal drug use or gives the HPHA reasonable cause to believe that the illegal drug use (or pattern of illegal drug use) or alcohol abuse (or pattern of alcohol abuse) may interfere with the health, safety, or right to peaceful enjoyment of any HPHA property by other tenants;
o Engages in any criminal activity on any of the HPHA’s properties that threatens or could threaten the health, safety, or right to peaceful enjoyment of other residents, the HPHA’s employees or representatives, or other individuals on a property or that damages the HPHA’s property itself;
o Engages in any drug-related criminal activity on or near any HPHA property as determined by the HPHA;
o Engages in conduct on any of the HPHA’s properties that threatens or could threaten the health or safety of other residents, the HPHA’s employees or representatives, or other individuals on a property or that damages the HPHA’s property itself;
o Has been convicted of a felony during the term of the tenancy, including but not limited to felonies involving violence, threats of violence, weapons, sexual offenses, crimes against persons, crimes against property, offenses involving the HPHA’s or a resident or tenant association’s property or funds, or any other felony that threatens, or that could threaten, the health, safety, or peaceful enjoyment of the premises by others;
o Allows an individual, who they know or should have known to be trespassed from the property, to visit or stay on the property or in the unit during the trespass period; and
o Furnishes false or misleading information during any HPHA grievance or eviction hearing that affects or could reasonably affect the hearing decision.

The full text of the emergency rules has been posted on the HPHA’s website at:
https://hpha.hawaii.gov/about-the-hpha/hpha-policies-rules

Copies of the emergency rules are also viewable at the following HPHA office locations:

Families participating in the HPHA’s federally assisted public housing program shall also be notified of the adoption of these emergency rules in a separate mailing.
A physical copy of the emergency rules may be requested by phone at (808
832-4696 or by email at hpha@hawaii.gov.

(SA/HTH/WHT/TGI1520707 3/02/26)