Haw. Rev. Stat. § 356D § 356D-34
Disposition of abandoned or seized property
Operative Text
. (a) The authority may sell, donate, or otherwise dispose of property abandoned or seized in or around any federal public housing project upon compliance with the requirements of this section. (b) The authority shall send notice by certified mail, at least five calendar days before disposition of the abandoned or seized property, to the address of the owner of the property abandoned or seized if the owner is known or can be determined. The notice shall apprise the owner of the identity and location of the property abandoned or seized and of the intent of the authority to sell, donate, or otherwise dispose of the property. If the identity or the address of the owner is unknown or cannot be determined, the notice shall be posted on the premises on which the property was abandoned or seized. (c) If the abandoned or seized property has an estimated value of $500 or more per item, as estimated at the discretion of the authority, the authority shall give public notice of the disposition at least once statewide or in a publication of local circulation in the county in which the property was abandoned or seized; provided that the disposition shall not take place fewer than five days after the publication date of the notice of intent to sell, donate, or otherwise dispose of the property. (d) The sale of abandoned or seized property having an estimated value of $500 or more per item, as estimated at the discretion of the authority, shall be by public auction through oral offers in the county in which the property was abandoned or seized. If no bid is received, the property may be sold, donated, or otherwise disposed of as the authority deems appropriate. (e) Any person entitled to the abandoned or seized property may repossess the property before its disposition upon proof of entitlement and payment of all unpaid rent, debts, charges, and fines owed to the authority and all handling, storage, appraisal, advertising, and other expenses incurred in connection with the proposed disposition of the abandoned or seized property; provided that storage fees shall be not less than $25 per day. (f) The requirement of public notice and public auction pursuant to subsections (c) and (d) shall not apply when the value of the abandoned or seized property is less than $500 per item. The property may be sold, donated, or otherwise disposed of as the authority deems appropriate. (g) The proceeds of the sale of abandoned or seized property, after deduction of all unpaid rent, debts, charges, and fines owed to the authority, and all expenses of handling, [storage], appraisal, advertising, and other expenses, shall be first offset against any amounts owed by the owner to the State. Any amount remaining shall be held in trust for the owner of the property for thirty days, after which time the proceeds shall be paid into the authority's appropriate special fund. (h) The State and its officers, employees, and agents shall not be liable to the owner of abandoned or seized property for actions taken pursuant to this section. [L 2025, c 117, §1]
Hawaii Revised Statutes § 356D-34 establishes the process by which the Hawaii Public Housing Authority may handle property that has been abandoned or seized in or around federal public housing projects. Before disposing of any such property, the authority must provide notice to the known owner by certified mail at least five days in advance, or post notice on the premises if the owner is unknown. Items estimated at $500 or more per item require public notice and, if sold, must go through a public auction; items valued below that threshold may be disposed of more informally. Any proceeds from a sale are applied first to debts owed to the authority and the State, with any remainder held in trust for the owner for thirty days before being transferred to the authority's special fund.
Plain English — not legal advice.
As a housing authority operator subject to § 356D-34, compliant practice involves maintaining documented procedures for identifying and notifying property owners before any disposition takes place. For items estimated at $500 or more, operators generally ensure that public notice is published statewide or in a local county publication and that a public auction is conducted in the appropriate county. Keeping thorough records of storage fees, handling costs, appraisal expenses, and any debts owed supports accurate accounting of proceeds and helps demonstrate compliance with the trust-holding and special-fund requirements of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 356D-34, a tenant or other person with a rightful claim to abandoned or seized property has the opportunity to reclaim it before the authority disposes of it, provided they can show proof of entitlement and pay any outstanding rent, debts, charges, fines, and related expenses, including storage fees of at least $25 per day. If the property is sold and proceeds remain after deductions, those funds must be held in trust for the owner for thirty days. Tenants who believe their property has been improperly handled under this section may wish to contact a tenant-rights organization or consult with a legal aid provider familiar with Hawaii public housing regulations to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation