Posted on: Wednesday, November 20, 2002

State to inform tenants of their rights

By Gordon Y.K. Pang
Advertiser Capitol Bureau

State public housing officials have agreed to send fliers to their 6,000-plus tenant families informing them of some of the rights they have, such as receiving hardship waivers under certain circumstances.

The Housing and Community Development Corp. of Hawaii yesterday agreed to send the fliers after representatives from advocacy group Island Tenants on the Rise complained that people in public housing are being evicted from their homes prematurely because they have not been informed of all their rights.

A housing official acknowledged that the agency could do more to keep its tenants abreast of all their rights, but said he believes people due hardship waivers, generally, are receiving them.

Tenants can be granted waivers that allow them to pay no rent when they are hit with financial hardships such as the loss of income or a death in the family, according to rules outlined by the U.S. Department of Housing and Urban Development.

Ronald Fujiyoshi, a volunteer trainer for Island Tenants on the Rise, said resident managers of state housing projects have not told their tenants about the waiver provision even though the agency's own rules require them to do so when families go in for re-certification each year. Island Tenants on the Rise was established in 1997 to represent public housing tenants.

"If the resident managers were telling the tenants clearly what their rights are, we think a whole lot of tenants would not be facing eviction right now," Fujiyoshi said. The problem has been compounded, he said, because the federal Welfare Reform Act is now, for the first time, forcing families from welfare rolls permanently after five years.

Monique Ocampo, president of Island Tenants on the Rise, said residents are also not being told about another provision — earned income disallowance incentives — which gives families in public housing the chance to pay substantially lower rents when family members find employment after one year without a job.

"Resident managers have not been practicing and implementing these procedures," Ocampo said.

Bob Hall, executive assistant to HCDCH executive director Sharyn Miyashiro, said the agency will be inserting fliers telling tenants about the waivers in their monthly rent notices next week to "try to alleviate any misunderstanding."

Hall acknowledged "this is something that I concur we should have worked on a lot earlier."

He said, however, that he believes most resident managers are informing their tenants about their options and that those running into problems receiving waivers are often families who have been sanctioned for various infractions from not paying rent to breaking house rules.

Darrell Young, HCDCH information officer, said the number of tenant evictions actually appears to be dropping — to 149 cases referred and heard so far this year from the 227 cases last year.

Tenant supporters also said they believe that tenants are being charged excessive maintenance or service charges for repairs in their units that are due to wear and tear. The rules state additional charges should only be assessed for damages clearly attributable to residents, Fujiyoshi said.

Hall said he did not believe there is a widespread problem in that area either, noting that the group brought up only one or two isolated incidents during their meeting yesterday.

The housing agency has been embroiled in a series of controversies in recent months that led to the announcement by the nine-member HCDCH board that all but one of its members would be resigning by year's end as requested by Michael Liu, HUD assistant secretary.

HUD officials charged that the board of directors mismanaged federal money and was unfit to oversee the agency's operations.

Liu also called on Miyashiro and Hall to resign. Miyashiro previously announced an intention to leave by year's end. Hall, who has not talked about his plans, declined comment on the issue yesterday.

HUD also has asked that HCDCH reimburse the federal government for a $771,000 contract Miyashiro awarded to a company owned in part by her ex-husband, Dennis Mitsunaga.