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Rent Regulations

Haw. Rev. Stat. § 356D § 356D-65

Ex parte motion.

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

Operative Text

Haw. Rev. Stat. § 356D § 356D-65
If a tenant cannot be served with an order of eviction or writ of possession, and the authority receives an affidavit or declaration stating this fact, service on the tenant may be made in accordance with a special order of the authority. The order shall require the process server to affix a certified copy of the order of eviction or writ of possession in a conspicuous place upon the premises, such as the door or wall of the dwelling unit. [L 2018, c 204, pt of §1]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 356D-65 establishes an alternative service procedure when a tenant cannot be reached through standard methods in an eviction proceeding. Under this rule, the housing authority may issue a special order allowing a process server to post a certified copy of the eviction order or writ of possession in a visible location on the dwelling unit, such as the front door or a wall. This posting method substitutes for personal service when an affidavit or declaration confirms that ordinary service was unsuccessful.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under the Hawaii Housing Finance and Development Corporation's authority should understand that § 356D-65 provides a lawful pathway to complete service when a tenant is unreachable. A compliant operator generally ensures that an affidavit or declaration documenting failed service attempts is submitted to the authority before seeking a special posting order. Once the authority issues such an order, the process server affixes a certified copy of the eviction document in a conspicuous location on the unit, satisfying the service requirement.

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

For Tenants

Section § 356D-65 of the Hawaii Revised Statutes means that an eviction order or writ of possession can be legally served on a tenant by posting it on their dwelling unit if personal service has failed and the authority has approved a special order. Tenants who discover a posted notice should be aware that this posting may constitute valid legal service, potentially triggering response deadlines. Tenants in this situation may benefit from contacting a local tenant-rights organization or legal aid office to understand what options are generally available under Hawaii housing law.

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
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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

Source:https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0356D/HRS_0356D-0065.htm
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