Hawaii SCRA Benefits: State Military Civil Relief (Ch. 657D)
Part of: The Complete Guide to the SCRA
Hawaii carries one of the densest military populations in the country, from Joint Base Pearl Harbor-Hickam to Schofield Barracks to Marine Corps Base Hawaii. Its law matches the footprint. Hawaii is one of the states that wrote its own civil-relief statute instead of leaning on the federal one alone.
What Hawaii adds to the federal floor
| Protection | Federal SCRA | Hawaii |
|---|---|---|
| Guard on state active duty | ✕ Not covered | ✓ Chapter 657D mirrors the SCRA |
| Stays, default-judgment shields | ✓ Federal duty | ✓ Plus state-duty version (657D) |
| Foreclosure and repossession | 50 U.S.C. § 3953 | ✓ § 657D-23 runs alongside |
| Lease termination | 50 U.S.C. § 3955 | ✓ § 657D-25 and § 521-83 |
| State tax on nonresident military pay | None | ✓ None; Guard/Reserve exclusion too |
Chapter 657D: a state SCRA in everything but name
The federal SCRA does not reach Hawaii Guard members on state active duty. HRS chapter 657D, titled “Civil Relief for State Military Forces,” is Hawaii’s answer. It carries the same machinery as the federal law:
- Leases (§ 657D-25): terminate residential and motor vehicle leases on qualifying orders.
- Foreclosure and repossession (§ 657D-23): no valid sale, foreclosure, or seizure during service or within one year after, except by court order.
- Eviction (§ 657D-21): limits on eviction and distress, with criminal penalties for violations.
- Default judgments (§ 657D-11): the court protects an absent service member and can appoint counsel.
- Obligations and taxes (§ 657D-61): apply to a court to stay obligations, liabilities, taxes, or assessments.
If you are Hawaii Guard on state orders, that chapter is your tool. On federal orders, the federal playbook applies in Hawaii at full strength.
The lease layer worth knowing
Hawaii gives you two lease-exit routes. The general federal lease right under § 3955, and the state servicemember-tenant right in HRS § 521-83, which covers Hawaii Guard on ordered federal duty of 90 days or more. Both want written notice plus a copy of orders, with the lease ending about 30 days after the next rent due date. Cite both in your notice and run the dates through the termination calculator. Given Hawaii rents, a clean exit is worth thousands.
Work the Hawaii stack
- Hawaii Guard on state active duty: invoke chapter 657D in writing. It covers the activations the federal SCRA ignores.
- Lease exit: cite both HRS § 521-83 and 50 U.S.C. § 3955, attach orders, and confirm the end date with the calculator.
- Nonresident stationed in Hawaii: confirm the tax election so Hawaii withholds nothing on your military pay.
- Guard or Reserve domiciled in Hawaii: claim the state pay exclusion and verify the current figure when you file.
- Run the federal benefits in full alongside all of it: the 6% cap, letters, foreclosure shields, and refund audits.
The law behind this: HRS ch. 657D
Civil Relief for State Military Forces: Hawaii's state SCRA analog: read the statute.
Frequently asked questions
Does Hawaii have its own SCRA?
Effectively yes. HRS chapter 657D, "Civil Relief for State Military Forces," extends SCRA-style protections to Hawaii state military forces: stays of proceedings, protection from default judgments, limits on eviction and distress, foreclosure and repossession shields, and relief from obligations and taxes. It runs alongside the federal SCRA, which also applies in Hawaii at full strength.
What does HRS § 521-83 do?
It is the lease-termination right inside Hawaii's residential landlord-tenant code. A servicemember tenant, including Hawaii National Guard on ordered federal duty of 90 days or more, can terminate a rental by delivering written notice plus a copy of orders. The lease ends about 30 days after the next rent due date. It does not apply if the orders result from disciplinary action.
Does Hawaii tax military pay?
Hawaii does not tax the pay of nonresidents stationed there. If you are domiciled elsewhere, Hawaii does not tax your military pay. Hawaii also excludes a set amount of Reserve and National Guard pay from state tax each year. Resident active-duty pay is otherwise taxable, so confirm the current exclusion figure when you file.
Which protection do I cite, the state one or the federal one?
Use both where they overlap. On federal orders, the federal SCRA is your primary tool. On state active duty, chapter 657D is what covers you, since the federal SCRA does not reach state activations. For a lease, cite § 521-83 and the federal § 3955 together so the strongest available rule applies.
Sources
Heads up: SCRA Saver publishes general information, not legal or financial advice. Laws change and every situation differs. Confirm details with your installation legal assistance office (free for service members) or a licensed professional.