REPORT TITLE:
HCDCH; Landlord Tenant Code


DESCRIPTION:
Requires the housing and community development corporation of
Hawaii to adopt the landlord-tenant code.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3159
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF
   HAWAII. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that tenants rights are
 
 2 protected under the landlord-tenant code by requirements for
 
 3 proper notification, remedies for a landlord's failure to make
 
 4 repairs, and rights such as the right to present evidence to an
 
 5 independent third party or the courts.  Currently, the housing
 
 6 and community development corporation of Hawaii (HCDCH) is exempt
 
 7 from the landlord-tenant code.  As a result, tenants' rights are
 
 8 deficient under the current rules and regulations of the HCDCH
 
 9 compared with tenant's rights under the landlord-tenant code.
 
10      The purpose of this Act is to require the HCDCH to comply
 
11 with the landlord-tenant code.
 
12      SECTION 2.  Chapter 201G, Hawaii Revised Statutes, is
 
13 amended by adding a new section to be appropriately designated
 
14 and to read as follows:
 
15      "§201G-    Landlord-tenant code to apply.  Notwithstanding
 
16 any law to the contrary, chapter 521 shall apply in administering
 
17 this chapter."
 
18      SECTION 3.  Section 521-7, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      "§521-7 Exclusions from application of chapter.  Unless
 
 2 created solely to avoid the application of this chapter, this
 
 3 chapter shall not apply to:
 
 4      (1)  Residence at an institution, whether public or private,
 
 5           where residence is merely incidental to detention or
 
 6           the provision of medical, geriatric, educational,
 
 7           religious, or similar services;
 
 8      (2)  Residence in a structure directly controlled and
 
 9           managed by the University of Hawaii for housing
 
10           students or faculty of the University of Hawaii or
 
11           residence in a structure erected on land leased from
 
12           the University of Hawaii by a nonprofit corporation for
 
13           the exclusive purpose of housing students or faculty of
 
14           the University of Hawaii;
 
15      (3)  Occupancy under a bona fide contract of sale of the
 
16           dwelling unit or the property of which it is a part
 
17           where the tenant is, or succeeds to the interest of,
 
18           the purchaser;
 
19      (4)  Residence by a member of a fraternal organization in a
 
20           structure operated without profit for the benefit of
 
21           the organization;
 
22      (5)  Transient occupancy on a day-to-day basis in a hotel or
 
23           motel;
 

 
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                                     S.B. NO.           
                                                        
                                                        

 
 1      (6)  Occupancy by an employee of the owner or landlord whose
 
 2           right to occupancy is conditional upon such employment
 
 3           or by a pensioner of the owner or landlord or occupancy
 
 4           for a period of up to four years subsequent thereto,
 
 5           pursuant to a plan for the transfer of the dwelling
 
 6           unit or the property of which it is a part to the
 
 7           occupant;
 
 8      (7)  A lease of improved residential land for a term of
 
 9           fifteen years or more, measured from the date of the
 
10           commencement of the lease;
 
11      (8)  Occupancy by the prospective purchaser after an
 
12           accepted offer to purchase and prior to the actual
 
13           transfer of the owner's rights;
 
14     [(9)  Occupancy in a homeless facility, or any other program
 
15           for the homeless authorized under chapter 201G, part
 
16           IV;
 
17     (10)  Residence or occupancy in a public housing complex or
 
18           shelter directly controlled, owned, or managed by the
 
19           housing and community development corporation of
 
20           Hawaii;] or
 
21    [(11)] (9)  Residence or occupancy in a transitional facility
 
22           for abused family or household members."
 
23      SECTION 4.  Statutory material to be repealed is bracketed.
 

 
Page 4                                                     3159
                                     S.B. NO.           
                                                        
                                                        

 
 1 New statutory material is underscored.
 
 2      SECTION 5.  This Act shall take effect upon its approval.
 
 3 
 
 4                       INTRODUCED BY:  ___________________________