[§356D-94]  Eviction.  (a)  If it isproven to the satisfaction of the eviction board that there is cause toterminate a lease or rental agreement and evict the tenant, the authority shallprovide the tenant with a written notice of the authority's decision toterminate the tenancy.  The notice shall inform the tenant that a writ ofpossession may be issued by the authority within ten business days.  The noticeshall also inform the tenant whether the grounds for eviction are consideredcurable and, if so, what the tenant must do to remedy the grounds, by when itmust be done, and what the tenant must do to document for the authority thatthe grounds have been remedied.

(b)  When the grounds for termination of thetenancy may be cured by the tenant, the tenant shall have ten business daysfrom receipt of the notice provided for in subsection (a) to cure the grounds. If the grounds are cured within the ten-day period, no writ of possession maybe issued.  If the grounds are not cured within the ten-day period, theauthority may issue a writ of possession forthwith.

(c)  The authority may adopt rules pursuant tochapter 91 to define curable and noncurable grounds for eviction.  Theauthority may consider a tenant's history in determining noncurable grounds foreviction.  A tenant's history may include chronic or consistent delinquency, orrepeated violations of the terms of the rental agreement.

(d)  Enforcement of the order by a writ ofpossession 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 inconnection with the enforcement of the order, or by a sheriff or any other lawenforcement officer of the State or any county, whose duty it shall be to carryout the order.  The person enforcing the order shall remove all persons fromthe premises and put the authority in full possession thereof.

(e)  Upon eviction, the household goods andpersonal effects of the person against whom the order is entered, and those ofany persons using the premises incident to the person's holding, may be removedfrom the premises and stored by the authority.  If the action is taken, theauthority shall have a lien on the property so taken for the expenses incurredby it in moving and storing the same, and the authority is authorized to sellor otherwise dispose of the property if unclaimed after thirty days. [L 2006, c180, pt of §2]