HomeMy WebLinkAboutRES 575 Draft 01 2018-202040
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COUNTYAI STATE OF HAWAII
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5775 20
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RESOLUTIONION NO.3
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A RESOLUTION URGING THE HONORABLE GOVERNOR DAVID Y. IGE TO
SUSPEND RESIDENTIAL EVICTIONS DURING THE COVID-19 STATE OF
EMERGENCY.
WHEREAS, in response to the COVID-19 pandemic the Governor issued the Third
Supplementary Proclamation on March 23, 2020, requiring that"all persons within the State of
Hawaii are ordered to stay at home or in their place of residence"beginning March 25, 2020,
and further stating that"(a)ll persons may leave their home or place of residence only for
essential activities or to engage in the essential businesses and operations identified herein"; and
WHEREAS, measures to mitigate the spread of COVID-19 have caused many Hawaii
Island residents to lose the income they need to remain in their home or place of residence; and
WHEREAS, the Governor's action plan on affordable housing and homelessness states
that"we must recognize that many families across the state are only a few missed paychecks
away from homelessness"; and
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WHEREAS, the Governor said in his State of the State address on January 21, 2020, that
i)n Hawai`i, the biggest expense for working families by far is housing, whether it's rent or
mortgage payments"; and
WHEREAS, Hawaii Revised Statutes (HRS) Section 127-13(a)(2) grants the Governor
during a state of emergency the power to "(r)elieve hardships and inequities, or obstructions to
the public health, safety, or welfare, found by the governor to exist in the laws and to result from
the operation of federal programs or measures taken under this chapter, by suspending the laws,
in whole or in part, or by alleviating the provisions of laws on such terms and conditions as the
governor may impose..."; and 3
WHEREAS, HRS Section 127A-30(a)(2) states that during a state of emergency "(n)o
landlord shall terminate any tenancy for a residential unit in the area that is the subject of the
proclamation or the severe weather warning, except for a breach of a material term of a rental
agreement or lease..."; and
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WHEREAS, such a breach includes the failure to pay rent pursuant to HRS Section 521-
68(a), which states that"(a) landlord or the landlord's agent may, any time after rent is due,
demand payment thereof and notify the tenant in writing that unless payment is made within a
time mentioned in the notice, not less than five business days after receipt thereof, the rental
agreement will be terminated"; and
WHEREAS, HRS Chapter 666 allows landlords to recover possession of a property after
termination of a tenancy; and
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WHEREAS, the unique conditions of a global pandemic deprive unknown thousands of
Hawaii Island residents of their ability to remain in their homes or residences while at the same
time requiring them to remain in their homes or residences; and
WHEREAS, the Governor's emergency proclamation issued on March 5, 2020, and
amended by supplementary proclamations related to COVID-19, should be further supplemented
by proclamations intended to keep residents in their homes or places of residence for the duration
of the state of emergency, despite their temporary inability to pay rent; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby urges the Honorable Governor David Y. Ige to relieve hardships and inequities by
suspending residential evictions, especially for nonpayment of rent, during the COVID-19 state
of emergency, and during the recovery period that follows.
BE IT FURTHER RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable.Governor David Y. Ige; the Honorable Lieutenant Governor Josh
Green; the Hawai`i Adjutant General, Maj. Gen. Kenneth S. Hara; Department of Human
Services Director Pankaj Bhanot; Attorney General Claire E. Connors; Office of Hawaiian
Affairs Chief Executive Officer Sylvia M. Hussey; and members of the Kaua`i County Council,
Maui County Council, and the Honolulu City Council.
Dated at Hilo Hawai`i, this 8th day of April 2020 •
INTRODUCED BY:
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CIL MEMBER, C off',Y OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER XCountyofHawai`i on April 8, 2020
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
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Reference: C-863/Waived GREDC
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CO Y LE' CHAIRPERSON&PRESIDING OFF R RESOLUTION NO. 575 20
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