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Rent Regulations

Haw. Rev. Stat. § 356D § 356D-95

Ex parte motion.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiService Requirements

Operative Text

Haw. Rev. Stat. § 356D § 356D-95
If a tenant cannot be served with an order of eviction or writ of possession, and the facts shall appear by affidavit to the authority, service to the tenant may be made according to the special order of the authority. The order shall require the officer 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 2006, c 180, pt of §2]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 356D-95 addresses situations where a tenant cannot be located for standard service of an eviction order or writ of possession. Under this provision, the housing authority may issue a special order — supported by an affidavit establishing the facts — that allows service to be completed by posting a certified copy of the eviction or possession document in a visible location on the dwelling unit, such as the door or wall. This substituted service method is a recognized legal alternative when conventional personal service is not possible.

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

Plain English — not legal advice.

For Property Managers

Under Haw. Rev. Stat. § 356D-95, operators managing public housing under the Hawaii Housing Finance and Development Corporation framework should be aware that when a tenant cannot be personally served with an eviction order or writ of possession, the authority may authorize an alternative posting method. A compliant operator typically works with the authority to prepare the required affidavit documenting why standard service was not possible, and then ensures the designated officer affixes a certified copy of the relevant document in a conspicuous place on the unit. Maintaining clear records of these steps helps demonstrate that the service process followed the authority's special order.

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

For Tenants

Haw. Rev. Stat. § 356D-95 provides that if the housing authority cannot serve you with an eviction order or writ of possession through normal means, it may obtain a special court-like order allowing a certified copy to be posted on your dwelling unit's door or wall as a form of legal notice. If you discover such a posting, it may constitute legally valid service of an eviction or possession action against you. Tenants who find such a notice may wish to contact a tenant-rights organization or legal aid provider to understand the implications and any available response options 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
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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

§ 326
Service of notices, orders and summonses
§ 735
Manner of service; filing; when service complete
§ 8.22.160
Computation of time

Source Information

Source:https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0356D/HRS_0356D-0095.htm
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