Haw. Rev. Stat. § 356D § 356D-96

Judicial review.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiSummary Process

Operative Text

Haw. Rev. Stat. § 356D § 356D-96
(a) Any person aggrieved by a final decision and order of the authority or by a preliminary ruling of the nature that deferral of review pending entry of a subsequent final decision would deprive the appellant of adequate relief is entitled to judicial review thereof under this part.
(b) Except as otherwise provided in this section, proceedings for review shall be instituted in the circuit court within thirty days after the preliminary ruling or within thirty days after service of the certified copy of the final decision and order of the authority pursuant to the rules of court, except where a statute provides for a direct appeal to the intermediate appellate court. In such cases, the appeal shall be treated in the same manner as an appeal from the circuit court, including payment of the fee prescribed by section 607‑5 for filing the notice of appeal. The court in its discretion may permit other interested persons to intervene.
(c) The proceedings for review shall not stay enforcement of the decision of the authority; provided that the authority or the reviewing court may order a stay upon such terms as it deems proper.
(d) Within twenty days after the determination of the contents of the record on appeal in the manner provided by the rules of court, or within such further time as the court may allow, the authority shall transmit to the reviewing court the record of the proceeding under review. The court may require or permit subsequent corrections or additions to the record when deemed desirable.
(e) If, before the date set for hearing, application is made to the court for leave to present additional evidence and the evidence is material and good cause exists for the failure to present the evidence in the proceeding before the authority, the court may order the authority to hear the evidence upon the conditions as the court deems proper. The authority may modify its findings, decision, and order by reason of the additional evidence and shall file with the reviewing court, to become a part of the record, the additional evidence, together with any modification of its findings or decision.
(f) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the authority and not shown in the record, testimony thereon may be taken in court. The court, upon request by any party, may hear oral argument and receive written briefs.
(g) Upon review of the record, the court may affirm the decision of the authority or remand the case with instructions for further proceedings, or it may reverse or modify the decision and order if the substantial rights of the petitioners may have been prejudiced because the administrative findings, conclusions, decisions, or orders are:
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority or jurisdiction of the authority;
(3) Made upon unlawful procedure;
(4) Affected by other error of law;
(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. [L 2006, c 180, pt of §2]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 356D-96 establishes the process by which a person who disagrees with a final decision or qualifying preliminary ruling of the Hawaii Public Housing Authority may seek review by a court. A petition for review must generally be filed in circuit court within thirty days of the ruling or service of the final decision, though direct appeals to the intermediate appellate court are available in certain circumstances. The reviewing court evaluates the administrative record—without a jury—and may affirm, remand, reverse, or modify the authority's decision if the petitioner's substantial rights were prejudiced on specified legal or factual grounds. Importantly, filing for judicial review does not automatically pause enforcement of the authority's decision unless a stay is separately ordered.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Under § 356D-96, property owners and managers subject to Hawaii Public Housing Authority decisions should be aware that any final order remains enforceable even if the opposing party seeks judicial review, unless a court or the authority itself grants a stay. Compliant operators generally maintain thorough documentation of all proceedings before the authority, since the circuit court's review is confined to the administrative record. Familiarity with the thirty-day filing window for judicial review helps operators anticipate and plan for the possibility that a decision may be challenged in court.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 356D-96 gives tenants and other aggrieved parties the right to challenge a final decision or qualifying preliminary ruling of the Hawaii Public Housing Authority in circuit court, generally within thirty days of receiving the certified decision. The court can reverse or modify an authority decision if it finds the ruling violated constitutional or statutory provisions, exceeded the authority's jurisdiction, or was arbitrary, capricious, or clearly erroneous, among other grounds. Tenants who believe an authority decision has harmed their rights may wish to consult a tenant-rights organization or legal aid provider to understand the procedural steps involved in pursuing review under this provision.

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

Current
Oct 23, 2026
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 356D-51
Haw. Rev. Stat. § 356D-153
Haw. Rev. Stat. § 356D-92
Haw. Rev. Stat. § 356D-53
Haw. Rev. Stat. § 356D-52
Haw. Rev. Stat. § 356D-52
Haw. Rev. Stat. § 356D-53
Haw. Rev. Stat. § 356D-57
Haw. Rev. Stat. § 356D-71
Haw. Rev. Stat. § 356D-6.5
Haw. Rev. Stat. § 356D-62
Haw. Rev. Stat. § 356D-1
Haw. Rev. Stat. § 356D-51
Haw. Rev. Stat. § 356D-6.5
Haw. Rev. Stat. § 356D-92

Related Rules

§ 1
Persons entitled to summary process
§ 3
Judgment and execution; costs; appeal
§ 5
Appeal; bond; actions thereon; waiver; appeal of waiver or periodic payments; notice of decision

Source Information

Snapshot SHA:
Fetched:Oct 23, 2026, 07:33 AM UTC