There are many different types of rental housing in Hawai`i. For each type, different rules, regulations, and procedures apply. When analyzing a housing issue, the landlord/tenant must determine which type of housing the tenant has, and identify the applicable laws.
The different types of housing are:
- Private rentals (Unsubsidized Housing)
- Private Landlord
- No government involvment
- Hawai`i's Residential Landlord-Tenant Code ("the Code") governs the relationship
In private rentals, the landlord is a private landlord and there is no government involvement in the tenancy, except that the landlord and tenant must comply with the Code. The Code governs all residential rental leases/agreements between landlords and tenants. The Code does not govern most federally-funded public housing, hotels, homeless/transitional shelters, and/or commercial leases.
- HUD Subsidized Housing
There are a variety of different housing subsidies in Hawai`i. If a tenant is unsure whether s/he lives in subsidized housing or receives a housing subsidy, abnormally low rent and/or annual recertification generally indicates that s/he is in some form of subsidized housing. Most subsidized housing in the State of Hawai`i is governed by federal law and regulations promulgated the U.S. Department of Housing and Urban Development (HUD).
- Public Housing ("the projects")
- In public housing, the landlord is a State of Hawai`i agency titled the Hawai`i Public Housing Authority (HPHA).
- A public housing tenant's rent is usually set at 30% of his/her income.
- A public housing tenant's subsidy is available only as long as s/he lives in the building. If the tenant moves, the subsidy is transferred to the new tenant.
- Federal statutes, HUD regulations, and HPHA administrative rules govern public housing tenancies. The Code does not apply to most public housing.
- "Good cause" is needed to evict a tenant from public housing. Basically, this means that a tenant's lease cannot be terminated merely by a lapse of time - there must be a good reason. Evictions are carried out pursuant to an administrative grievance process, and unfavorable decisions may be appealed to the Hawai`i Circuit Court.
- HUD Buildings ("multifamily housing")
- HUD Buildings are buildings that private developers build and/or operate with financial assistance from HUD.
- In HUD buildings, the landlord is usually a private rental management company who has agreed with HUD to either keep rent low, or allow HUD to subsidize each tenant in the building.
- Generally, both federal law and the Code applies to HUD buildings.
- Like public housing, the subsidy that a tenant in a HUD Building receives is not portable. The subsidy cannot be taken with the tenant if s/he moves out, or is evicted.
- Evictions are carried out pursuant to the regular State of Hawai`i court process.
- Federal laws that apply to HUD buildings are usually similar to the laws that apply to public housing.
- Section 8 Vouchers
- Section 8 Vouchers are a subsidy by which the government pays a portion of the tenant's rent directly to his/her private landlord.
- For Section 8 Vouchers, the landlord is a private landlord.
- Because the government is paying a portion of the rent, there is also a conract between the landlord and the government.
- Generally, both federal law and the Code applies to Section 8 Vouchers.
- Evictions are carried out pursuant to the regular State of Hawai`i court process.
- Federal laws that apply to Section 8 Vouchers are similar to public housing, except that "good cause" is not needed to evict the tenant after the expiration of the initial lease term.
- Other forms of Subsidized Housing
There are additional types of subsidized housing that are fairly uncommon in Hawai`i. These are:
- the Low-Income Housing Tax Credit program (governed by the IRS)
- U.S. Department of Agriculture "Rural Housing"
- State of Hawai`i Housing programs established by the Hawai`i State Legislature (operated by HPHA).
The rules for these housing types are similar to the rules for other types of subsidized housing. "Good cause" is generally required to evict a tenant. Rents are either based on a percentage of the tenant's income, or cannot exceed a certain rent ceiling. Generally, the Code applies to these housing types, as does federal and state laws governing the specific program under which the housing is subsidized.