Report Title:

Damages; Nuisance Abatement Action

Description:

Allows a person who brings a nuisance abatement action against a place used to commit drug offenses to recover certain damages. (HB883 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

883

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO LANDLORD LIABILITY.

 

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

SECTION 1. Section 712-1276, Hawaii Revised Statutes, is amended to read as follows:

"§712-1276 Costs and expenses[.]; damages. (a) For any attorneys' fees, costs, or expenses incurred in the closing of the building, premises, or place and keeping it closed, or incurred in enforcing the injunction prohibiting the person or persons causing the nuisance from residing or entering into the building, premises, or place in or upon which the nuisance exists, as well as the attorneys' fees, costs, and expenses incurred by the party bringing the action, a reasonable sum shall be allowed by the court.

(b) A person who brings a nuisance abatement action, under section 712-1271, against a place used for the purpose of committing drug offenses under part IV of this chapter may recover all of the following damages:

(1) Economic damages, including but not limited to the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss associated with illegal drug use;

(2) Noneconomic damages, including but not limited to physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of employment, loss of companionship, services, and consortium, and other nonpecuniary losses associated with an individual's use of an illegal drug;

(3) Exemplary damages;

(4) Reasonable attorneys' fees; and

(5) Cost of suit, including but not limited to reasonable expenses for expert testimony."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2020.