Report Title:
Residential Landlord-Tenant Code; Mediation
Description:
Allows office of consumer protection to order mediation of disputes between a residential landlord and tenant.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1787 |
|
TWENTY-FIFTH LEGISLATURE, 2009 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to landlord-tenant code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 521-77, Hawaii Revised Statutes, is amended to read as follows:
"[[]§521-77[]]
Investigation and resolution of complaints by the office of consumer protection[.];
mediation. (a) The office of consumer protection may receive,
investigate, and attempt to resolve any dispute arising under this
chapter.
(b) Except as provided in subsection (c), at the direction of the office of consumer protection, the parties to any dispute arising under this chapter shall be required to participate in mediation. Each party shall be wholly responsible for its own costs of participating in mediation, unless at the end of the mediation process, both parties agree that one party shall pay all or a specified portion of the mediation costs. If a landlord or a tenant refuses to participate in the mediation of a particular dispute, a court may take this refusal into consideration when awarding expenses, costs, and attorneys' fees.
(c) Nothing in subsection (b) shall be interpreted to mandate the mediation of any dispute involving:
(1) Actions seeking equitable relief involving threatened property damage or the health or safety of other tenants or any other person;
(2) Actions to collect rent pursuant to section 521-68; or
(3) Personal injury claims.
(d) If any mediation under this section is not completed within two months from commencement, no further mediation shall be required unless agreed to by the parties."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|