Report Title:

Landlord Tenant Code; Promotion of Illegal Drugs Prohibited

Description:

Prohibits tenants or guests from promoting dangerous, harmful, or detrimental drugs in a dwelling unit or on surrounding premises. Authorizes a summary proceeding for possession where a tenant, family member, or guest is charged with or convicted of a drug offense. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

105

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

S.D. 1

 

A BILL FOR AN ACT

 

RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

 

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

SECTION 1. Section 521-51, Hawaii Revised Statutes, is amended to read as follows:

"§521-51 Tenant to maintain dwelling unit. (a) Each tenant shall at all times during the tenancy:

(1) Comply with all applicable building and housing laws materially affecting health and safety;

(2) Keep that part of the premises which the tenant occupies and uses as clean and safe as the conditions of the premises permit;

(3) Dispose from the tenant's dwelling unit all rubbish, garbage, and other organic or flammable waste in a clean and safe manner;

(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;

(5) Properly use and operate all electrical and plumbing fixtures and appliances in the dwelling unit or used by the tenant;

(6) Not permit any person on the premises with the tenant's permission to wilfully destroy, deface, damage, impair, or remove any part of the premises which include the dwelling unit or the facilities, equipment, or appurtenances thereto, nor oneself do any such thing;

(7) Keep the dwelling unit and all facilities, appliances, furniture, and furnishings supplied therein by the landlord in fit condition, reasonable wear and tear excepted; and

(8) Comply with all obligations, restrictions, rules, and the like which are in accordance with section 521-52 and which the landlord can demonstrate are reasonably necessary for the preservation of the property and protection of the persons of the landlord, other tenants, or any other person.

(b) A tenant, household member, guest, visitor, or other person under the tenant’s control shall not promote any dangerous, harmful, or detrimental drug while in the tenant's dwelling unit or on the premises of which the dwelling unit is a part.

A person is under the tenant’s control when that person enters or remains in the tenant's dwelling unit or on the premises with the tenant’s permission or consent when the tenant knows or reasonably should know that the person promotes or is likely to promote a dangerous, harmful, or detrimental drug.

For the purposes of this subsection:

"Dangerous drug", "harmful drug", and "detrimental drug" have the same meanings as defined in section 712-1240."

SECTION 2. Section 521-69, Hawaii Revised Statutes, is amended to read as follows:

"§521-69 Landlord's remedies for tenant's waste, failure to maintain, or unlawful use. (a) If the tenant is in material noncompliance with section 521-51, the landlord, upon learning of any such noncompliance and after notifying the tenant in writing of the noncompliance and allowing a specified time not less than ten days after receipt of the notice, for the tenant to remedy the noncompliance:

(1) May terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession if the tenant is in material noncompliance with section [521-51(1);] 521-51(a)(1) or (b); or

(2) May remedy the tenant's failure to comply and bill the tenant for the actual and reasonable cost of such remedy if the noncompliance can be remedied by the landlord by cleaning, repairing, replacing a damaged item, or the like, which bill shall be treated by all parties as rent due and payable on the next regular rent collection date or, if the tenancy has terminated, immediately upon receipt by the tenant.

(b) No allowance of time to remedy noncompliance shall be required [when noncompliance] when:

(1) The tenant or a person under the tenant's control has been charged with or convicted of an offense related to drugs and intoxicating compounds under part IV of chapter 712; or

(2) Noncompliance by the tenant causes or threatens to cause irremediable damage to any person or property.

If the tenant cannot be served with notice as required, notice may be given the tenant by posting the same in a conspicuous place on the dwelling unit.

[(b)] (c) The landlord may terminate the rental agreement and bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession for any material noncompliance with section 521-51 by a roomer or boarder if the roomer or boarder fails to comply within the time specified in the notice.

[(c)] (d) The landlord may bring an action or proceeding for waste or for breach of contract for damage suffered by the tenant's wilful or negligent failure to comply with the tenant's obligations under section 521-51."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.