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Home My WebLink AboutCOM 0863.002 2018-2020 (AAA OFFICE OF HAWAIIAN AFFAIRS Administrative Testimony Testimony of Sylvia M. Hussey, Ed.D., Ka Pouhana, Chief Executive Officer COUNTY CLERK COUNTY OF HAWAIII County of Hawai'iRECEIVED County Council g "Zoart W-e—te -- Resolution 575-20 Date A Resolution Urging the Honorable Governor David Y. Ige to Suspend Residential Evictions During the COVID-19 State of Emergency. April 8, 2020 9:30 a.m. Hawaii County Building The Administration of the Office of Hawaiian Affairs (OHA) offers the following testimony in SUPPORT of resolution 575-20, urging the Governor to suspend residential evictions during the COVID-19 state of emergency. OHA appreciates this resolution's intent, which seeks to urge critical relief to the hardships and inequities that may be experienced by Hawai'i citizens during the current pandemic. Recently, on April 1, 2020, many Hawaii renters may have been unable to pay rent due to the public health crisis and unprecedented unemployment levels across the state; meanwhile, OHA understands that existing federal and state level protections are insufficient to protect certain tenants from eviction for their inability to pay rent. We accordingly support this resolution and respectfully but strongly recommend its passage to encourage greater protection from eviction, for the many households that may be unable to pay rent in the coming months and that do not qualify for the limited eviction protections currently in effect.' While the state, as a whole, is seeing unprecedented levels of unemployment and diminished incomes, Native Hawaiians are at particular risk of even greater financial hardship, including possible eviction,from the negative economic impacts of the COVID-19 pandemic. Many Native Hawaiians may have fewer financial resources to weather financial emergencies due to their already low per capita income ($25,590) compared to the total state population ($35,255).212.3%of all Native Hawaiians also live in poverty, compared to 8.8%of the total state population.3 Additionally, Native Hawaiians also have less access to financial services, which provide credit and capital in times of economic crisis. Finally, many Native 1 OHA notes under the Coronavirus Aid, Relief,and Economic Stability Act(CARES Act),tenants with federal subsidies or who live in properties purchased with federally backed mortgage loans may be protected from eviction until after July 26,2020; however,even this protection may be limited in practical effect.OHA further notes that,the Act provides forbearance of residential mortgage loan payments for properties purchased with federally backed loans and may provide complementary relief for many of Hawai`i's property owners. 2 Office of Hawaiian Affairs, Native Hawaiians Over-Represented in COVID-19 At-Risk Populations 3(2020). 3 Id. Comm. No. •{ 1 o: Ref. gate '' — 2020 Hawaiians substantially rely on the service and tourist industry to financially support their families, with 23.6%of working Native Hawaiians employed in service occupations; such occupations are and will continue to be the most impacted by the economic conditions resulting from the spread of[DV|D-19.4 With Native Hawaiians' lower homeownership rates and higher reliance on the rental housing market (compared to state residents generally),these financial-challenges may greatly increase the likelihood that Native Hawaiian families may be \/nnb46 to dface potential eviction actions over the coming nnonths.s ' �� ---- — vnfnrtUnately'thenecurnent|yappeamtoon|ybe |irnitedre|iefforreniersvxhonnoytace pcLsside'eviction adiiVns"clue to an inability to pay rent during the pandenniu. Under the federal Coronavirus Aid, Relief, and Economic Stability Act(CARES Act), the moratorium on certain evictions may protect renters with federal subsidies or who live on properties subject to federally backed mortgage loans. While the federal act is commendable and may be more helpful with time, it is unclear how many ofHavvai'i's renters will be eligible for this protection, and asa practical matter, itmay bedifficult for tenants todetermine iftheir landlords have federally backed loans.' The Governor |Qe's proclamations and their supplements appear to only provide "protection" from eviction via Havvai'i Revised Statutes (HRS) 8 137A,]8/aV2); OHA notes that this section explicitly allows landlords to terminate tenancies "for a material breach (which includes non-payment ufnentL"/ Finally, even though Chief Justice Recktenvva|d issued a court order suspending all civil hearings until April 30\ 2020,this order does not prohibit actions at every stage of the eviction process, including the service of an eviction notice and the responses that this may require. |nother words, eviction actions that do not rely on an actual court hearing and that do not fall under the protections of federal and state law can still occur. Accordingly, until the establishment mfstronger eviction protections —such as that urged by this resolution—many Native Hawaiian and other Hawai'i families may continue to face the threat of eviction for their inability to pay rent during this public health crisis. Accordingly, OHA respectfully urges the Council toADOPT this resolution, which calls for critical relief for vulnerable tenants, including many Native Hawaiians, for whom potential eviction actions may be arnnnA the many financial and emotional challenges of the COV|D-19 pandemic. ' Meha!o piha for the opportunity to testify in support on this matter. °Id. 'Office of Hawaiian Affairs,NATIVE HAWAIIAN HOMEOWNERSHIP HO'OKAHUA WAIWAI(ECONOMIC SELF-SUFFICIENCY)FACT SHEET 3(201§). oDatorminingifapropertYhasafed*raUybackedmortgaOu|oanmaybedonebymniewin| the contents of mortgages,deeds of trust, or other instruments recorded for a property; however,that information is not readily available to tenants and moreover, not all federal ly-related loans will have a public filing that identifies the loan as federally-backed. 7 After the Senate Special Committee on COVID-19 informational briefing on March 27,2020,the State of Hawai'i Attorney General's office sent the Committee members a"Summary of Effect of the Governor's Proclamation(s) Re|adngtoCOV|D'19onEvictions, Renta| Payments' Foredomres'andk8ortgagePayments'"inwhichamaterio| breach isdescribed aa"indud[ing] non-payment ofrent." *T 2