On one level, it’s not at all surprising that the state Department of Hawaiian Home Lands, which has fallen so short in meeting obligations to its constituency, has failed to manage its property in other ways.
But the physical evidence of that failure — neighborhoods scarred by unkempt, even dilapidated homes, some of which are abandoned — is a jarring sight. And it sounds an alarm heard well beyond the community of DHHL beneficiaries.
In an ongoing investigative series by the Star-Advertiser’s Rob Perez, DHHL has come under scrutiny for its inconsistent handling of leases and for generally falling far behind in fulfilling its primary mission: putting Native Hawaiians on the land set aside for them under a nearly century-old law.
It’s reached the point where the governor should step in to compel changes to be made. And federal oversight, through the appointment of a court master or another mechanism, seems essential to any resolution.
However, the latest chapter in the DHHL chronicles signals a need for a cooperative effort at the local governmental level.
Too many of the homes that have fallen into disrepair are left languishing for far too long. The Star-Advertiser’s visits to homestead areas logged dozens of homes that were run-down, some of them unoccupied. Neighbors say that some of them have been vacant for five to 10 years.
For an agency with long wait lists of beneficiaries who would love to lease those lots, such lapses are inexcusable.
The question is, how should responsibility for this be assigned? Of course, the homesteaders in question are the first in line. Through their lease, they are responsible for keeping their homes up to code, said DHHL spokesman Punialoha Chee. He also cited the department’s governing administrative rules spelling out that "building structures or improvements shall meet building and zoning codes and other ordinances and regulations of the respective counties."
It can be hard for DHHL to get any word of maintenance lapses that happen within a private home, he said, but the covenants and homeowner associations established in the newer homestead communities can provide such an early warning system. Those need to be set up where they’re missing and the communications improved where they do exist.
Next, when properties are abandoned, there needs to be a robust effort at notification and following all legal steps required before the property can be repossessed and ultimately leased to another homesteader, Chee said.
And, he added, although the department is the landowner, it is governed by the Hawaiian Homes Commission and any final decision rests with that body.
All of that is true, but it can’t explain or excuse abandoned buildings that sit around for years. No matter how careful and deliberate the legal review process has to be, its results are simply unacceptable. It’s got to be made more efficient.
Further, DHHL needs a closer working arrangement with the counties to assist with enforcement of the building codes. On Oahu, city officials contacted by the Star-Advertiser said they don’t have jurisdiction to handle the enforcement without clearance from DHHL.
But that doesn’t mean a cooperative alliance can’t be formed to handle any problems. Chee said homesteaders pay county fees, just like anyone else, and have the right to expect county services. He’s right, and one possible solution underway with Hawaii County — the establishment of a memorandum of understanding that lays out county and DHHL responsibilities and protocols — should be instituted for all counties.
The bottom line is that derelict structures left untended represent an unfair affront to other homesteaders who work to maintain their residences. And, given that some have been used in drug manufacture and other dangerous activities, they constitute potential fire and safety hazards to the community at large. That falls clearly within the county bailiwick.
The problems with this state agency will continue to fester without an extraordinary intervention by the state administration, and an extra push of federal oversight. But, really, problems in basic property management ought to be within the power of local government to solve now.
