Haw. Rev. Stat. § 356D § 356D-71
Resident selection; dwelling units; rentals.
Operative Text
In the administration of elder or elderly housing, the authority shall observe the following with regard to resident selection, dwelling units, and rentals: (1) Except as provided in this section, the authority shall accept elder or elderly households as residents in the housing projects; (2) It may accept as residents in any dwelling unit one or more persons, related or unrelated by blood or marriage. It may also accept as a resident in any dwelling unit or in any housing project, in the case of illness or other disability of an elder who is a resident in the dwelling unit or in the housing project, a person designated by the elder as the elder's live-in aide whose qualifications as a live-in aide are verified by the authority, although the person is not an elder; provided that the person shall cease to be a resident therein upon the recovery of, or removal from the housing project of, the elder; (3) It may rent or lease to an elder a dwelling unit consisting of any number of rooms as the authority deems necessary or advisable to provide safe and sanitary accommodations to the proposed resident or residents without overcrowding; and (4) Notwithstanding that the elder has no written rental agreement or that the agreement has expired, during hospitalization of the elder due to illness or other disability so long as the elder continues to tender the usual rent to the authority or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the elder, nor shall the authority otherwise cause the elder to quit the dwelling unit involuntarily, demand an increase in rent from the elder, or decrease the services to which the elder has been entitled. [L 2006, c 180, pt of §2; am L 2017, c 114, §3; am L 2022, c 251, §6]
Hawaii Revised Statutes § 356D-71 governs how the Hawaii Public Housing Authority administers elder and elderly housing with respect to who may live in a unit, how units are assigned, and what protections apply during a resident's hospitalization. The law allows one or more persons—related or unrelated—to occupy a unit, and permits a verified live-in aide to reside with an elder who is ill or disabled, though the aide's residency ends when the elder recovers or leaves. Notably, an elder who is hospitalized due to illness or disability cannot be evicted, have rent increased, or have services reduced, as long as the elder continues to tender the usual rent or lawfully withholds it with proper documentation.
Plain English — not legal advice.
Under § 356D-71, the Hawaii Public Housing Authority, acting as the housing operator for elder and elderly projects, is expected to verify the qualifications of any proposed live-in aide before granting that person residency, and to track when the aide's authorization ends upon the elder's recovery or departure. Compliant administration of these housing projects includes assigning units of appropriate size to avoid overcrowding while meeting safe and sanitary standards. During an elder resident's hospitalization, operators under this provision refrain from initiating eviction proceedings, raising rent, or reducing services, provided the elder continues to tender rent or properly documents any lawfully withheld rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 356D-71 of the Hawaii Revised Statutes provides elder residents of Hawaii Public Housing Authority projects with meaningful protections, including the right to have a verified live-in aide during illness or disability and protection from eviction or service reductions during hospitalization. Elders who are hospitalized and continue to tender their usual rent—or who lawfully withhold rent and provide receipts—are shielded from eviction proceedings and rent increases for the duration of that hospitalization. Tenants who believe these protections are being violated may wish to contact the Hawaii Public Housing Authority directly, reach out to a local tenant-rights organization, or consult with a housing attorney familiar with § 356D-71.
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.
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