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



(b)  Pursuant to rule and the right of due
process, the authority or its designee, or provider agencies together with the
authority, may act to bar homeless families or individuals from participating
further in any homeless facility, may issue a writ of possession, and take such
other actions as provided by rule.



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



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



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