Haw. Rev. Stat. § 356D § 356D-52
Lien on personalty for rent, etc.
Operative Text
(a) The authority shall have a statutory lien on all personal property, not exempt from execution, belonging to, or in the lawful possession of, every tenant while the personal property is in or upon any state low-income housing project, for the amount of its proper charges against the tenant for rent of a room, dwelling unit, living quarters, or space in the state low-income housing project, or for utilities, facilities, or services in the state low-income housing project. The lien shall commence with the tenancy or occupancy of the tenant and continue for one year after the charge or charges are due and owing to the authority. (b) Whenever any tenant fails or refuses to pay the charge or charges after the same are so due and owing, the authority shall have the right and power, acting by its authorized agents or representatives, without process of law and without any liability for the taking, seizure, and retention of the personal property, to take and seize any of the personal property belonging to, or in the lawful possession of, the tenant that is found in or upon the public housing project. The authority may hold and retain the property as security for the payment of the charge or charges, until the amount of the charge or charges is paid and discharged. If the charge or charges, so due and owing, are not paid and discharged within thirty days after the taking and seizure, the authority may sell the personal property in the manner provided in section 356D-53. [L 2006, c 180, pt of §2]
Hawaii Revised Statutes § 356D-52 establishes a statutory lien in favor of the Hawaii Public Housing Authority over a tenant's non-exempt personal property located within a state low-income housing project, securing unpaid rent, utilities, or other authorized charges. This lien begins at the start of the tenancy and remains valid for one year after the charges become due. If a tenant does not pay overdue charges, the Authority is empowered to seize that personal property without a court order, hold it as security, and — if the debt remains unpaid after 30 days — sell it according to the procedures set out in § 356D-53.
Plain English — not legal advice.
Under § 356D-52, the Hawaii Public Housing Authority, as the governing housing operator for state low-income housing projects, holds an automatic lien on tenants' non-exempt personal property from the moment a tenancy begins. Compliant administration of this provision generally involves accurately tracking all charges for rent, utilities, facilities, and services, and ensuring that any seizure or retention of personal property is carried out only through authorized agents and in strict accordance with the statutory timeline and sale procedures referenced in § 356D-53. Operators should maintain clear records of when charges become due and owing, since the lien's enforceability window extends only one year from that date.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 356D-52 grants the Hawaii Public Housing Authority significant rights over personal property kept in a state low-income housing project, including the ability to seize non-exempt belongings without a court order if rent or other authorized charges go unpaid. Tenants should be aware that this lien attaches automatically at the start of occupancy and that the Authority may sell seized property if the debt is not resolved within 30 days of seizure under the process described in § 356D-53. Tenants who believe a seizure was improper or that charges were incorrectly assessed may wish to consult a tenant-rights organization or 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 In
Rules and statutes that cite this regulation