Haw. Rev. Stat. § 356D § 356D-53
Foreclosure of lien, notice, etc.
Operative Text
(a) The lien of the authority upon personal property that has been taken and retained by it as provided in section 356D-52 may be foreclosed by the authority by selling the property at public auction: (1) After first mailing by United States mail, postage prepaid, a notice of the foreclosure addressed to the tenant who owns, or was in possession of, the personal property at the tenant's last address shown on the records of the authority. The notice shall state that, unless the charge or charges then due and owing from the tenant to the authority are paid within ten days from the time of mailing the notice, the personal property will be sold at public auction; and (2) After first giving public notice of the foreclosure and sale at least two times in the county in which the personal property is located. Each notice shall contain a brief description of the personal property; the name of the tenant, if known; the name of the owner of the personal property, if known; the amount of the charge or charges; and the time and place of the sale. Notices of several foreclosures and sales may be combined in one notice; and whenever so combined and given, the expenses of notice and sale shall be a statutory lien upon the property described in the notice in a ratable proportion according to the amount received for each lot of property so noticed for sale. (b) If the tenant fails to pay to the authority within ten days after the mailing of the notice of foreclosure the charge or charges, the authority may sell the property at public auction at the time and place stated in the notice, or at a time or times or place or places to which the sale may be postponed or adjourned at the time and place stated in the notice, and may apply the proceeds thereof to the payment of the charge or charges and the expenses of notice and sale. The balance, if any remaining, shall be paid over to the tenant who formerly owned, or was in possession of, the property. If the balance is not claimed by the tenant within thirty days after the sale, then the balance shall be paid over to the director of finance and it shall be kept by the director in a special deposit for a period not to exceed six months. If claimed by the tenant during that period, it shall be paid to the tenant. If no claim is made during the period, the sum shall become a government realization and be paid into the general fund. [L 2006, c 180, pt of §2]
Hawaii Revised Statutes § 356D-53 establishes the process by which the Hawaii Public Housing Authority may foreclose on a lien it holds over a tenant's personal property that has been taken and retained under § 356D-52. Before any public auction can occur, the authority must mail a notice to the tenant's last known address giving at least ten days to pay any outstanding charges, and must also publish public notice of the sale at least twice in the relevant county. If the property is sold and proceeds exceed the charges and sale expenses, the surplus is returned to the tenant, but if unclaimed within thirty days it is held by the director of finance for up to six months before reverting to the state's general fund.
Plain English — not legal advice.
As the housing authority operating under § 356D-53, a compliant operator ensures that all procedural steps are strictly followed before proceeding to a public auction of retained personal property. This includes mailing a properly addressed foreclosure notice via prepaid U.S. mail and publishing the required public notices at least twice in the appropriate county, each containing the required details such as property description, tenant name if known, and the amount owed. Compliant operators also maintain accurate records of tenant addresses and carefully account for any surplus proceeds, holding them available for the tenant in accordance with the timelines set out in § 356D-53(b).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 356D-53, tenants whose personal property has been retained by the Hawaii Public Housing Authority have a ten-day window after receiving a mailed foreclosure notice to pay outstanding charges and prevent a public auction of their belongings. If a sale does occur and generates proceeds beyond what is owed, the tenant is entitled to receive that surplus balance, and may claim it within thirty days of the sale or from the director of finance within six months before it reverts to the state. Tenants who believe the authority has not followed the required notice procedures outlined in § 356D-53 may wish to consult a tenant-rights organization or legal aid service to understand what options may be available to them.
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 In
Rules and statutes that cite this regulation