[§356D-128]  Abuse of assistance.  (a) The provider agency operating and managing a homeless facility, or any otherprogram for the homeless authorized by this part, or the authority operatingand managing its own homeless facility, shall be responsible for determiningwhether a participant is no longer eligible for shelter or other services atthe homeless facility or through any other program for the homeless, pursuantto standards and criteria established by rule.

(b)  Pursuant to rule and the right of dueprocess, the authority or its designee, or provider agencies together with theauthority, may act to bar homeless families or individuals from participatingfurther in any homeless facility, may issue a writ of possession, and take suchother actions as provided by rule.

The enforcement of a writ of possession shallbe effected either by an officer appointed by the authority, who shall have allof the powers of a police officer for all action in connection with theenforcement of the writ, or any other law enforcement officer of the State orany county, whose duty it shall be to enforce the writ.  The person enforcingthe writ shall remove all persons from the premises and put the authority orits designee, or the provider agency designated by the authority, in fullpossession thereof.

Upon eviction, the household goods and personaleffects of the person against whom the writ is entered, and those of anypersons using the premises incident to the person's holding, may be removedfrom the premises immediately and sold or otherwise disposed of by theauthority or its designee, or the provider agency.  If the action is taken, theauthority or its designee, or the provider agency, shall have a lien on theproperty so removed for the expenses incurred by it in moving the property.

(c)  Any person who enters or remainsunlawfully in or upon the premises or living quarters of any homeless facility,or any other program for the homeless authorized by this part, after reasonablewarning or request to leave by that provider agency's agents, the authority orits designee, or a police officer, shall be guilty of a misdemeanor; providedthat the offense in this subsection shall be in addition to any otherapplicable offense in the Hawaii Penal Code.  A warning or request shall onlybe issued if the person has engaged in unlawful conduct or has violated houserules and regulations; provided that the warning or request related to aviolation of house rules shall be issued only if that provider agency, or theauthority or its designee, has filed a copy of its current house rulesgoverning tenancy or participation at the shelter, facility, or program, andany changes thereto, with the director of commerce and consumer affairs.  Thehouse rules shall be reasonable and a copy shall be provided to each tenant orparticipant.  The warning or request shall supersede any invitation by a tenantor participant at the shelter, facility, or program to that person to visit thepremises or living quarters. [L 2006, c 180, pt of §2]