Housing Agency announces update on foreclosure and eviction protections under COVID-19 federal and state emergency proclamations
The County of Kaua‘i Housing Agency is reminding residents of the current federal and state protections that restrict landlords from issuing eviction notices for non-payment of rent.
While the federal CARES Act bars eviction notices until July 25, 2020, state law – under the Governor’s 10th emergency proclamation related to the COVID-19 emergency – currently provides eviction protection until August 31, 2020. Furthermore, all tenants must be given at least 30-days-notice to vacate a property.
These dates could change under new state or federal emergency proclamations.
Additionally, the Housing Agency reminds the public that the CARES Act also imposes a moratorium on the foreclosure of any federally backed loan until August 31, 2020.
Criminal Penalties
Pursuant to section 127A-29, HRS, any person violating the Governor’s eviction moratorium shall be guilty of a misdemeanor, and upon conviction, the person shall be fined not more than $5,000 or imprisoned not more than one year, or both.
It is important to note that neither federal nor state moratoriums relieve you from the obligation to pay rent or make mortgage payments. These protections only defer payments to a future date.
If you believe you have received a notice of eviction or foreclosure in violation of the moratoriums described above, the Legal Aid Society of Hawai‘i may be able to provide you with further guidance and assistance. The Legal Aid Society’s Neighbor Island phone number is 1-800-499-4302.