SB2907

SECTION 1. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§521- Tenant's remedies for breach of warranty of habitability due to environmental public health events. (a) A tenant who gives a landlord written or electronic notice of a condition resulting from an environmental public health event that requires remediation pursuant to section 521-42(a)(7) shall send the notice in a manner that the landlord typically uses to communicate with the tenant. The tenant shall retain sufficient proof of delivery of the notice.

(b) A landlord that receives from a tenant written or electronic notice of a condition that is not in compliance with section 521-42(a)(7), for the remediation and clean up of a residential premises following an environmental public health event, shall:

(1) Respond to the tenant within twenty-four hours after receiving the notice, except that a landlord may take up to seventy-two hours to respond to the tenant after receiving the notice when the residential premises is inaccessible because of damage due to an environmental public health event;

(2) Indicate the landlord's intentions for remedying the condition, including an estimate of when the remediation will commence and when it will be completed; and

(3) Inform the tenant of the landlord's responsibilities under this section.

(c) A landlord that receives a notice pursuant to subsection (a) shall remediate the residential premises to a habitable standard, and shall comply with the standards described in section 521-42(a)(7), within a reasonable amount of time given the condition of the premises and at the landlord's expense.

(d) A landlord that has remediated a residential premises to a habitable standard following an environmental public health event shall provide the tenant with documentation that demonstrates compliance with the standards described in section 521-42(a)(7).

(e) A landlord's submission of an insurance claim for an uninhabitable or a contaminated residential premises after the landlord receives notice from the tenant of habitability issues shall not be considered evidence of remediation.

(f) Notwithstanding the provision of section 521-63(a), when a residential premises is uninhabitable after being damaged due to an environmental public health event, the tenant may terminate the tenant's lease if:

(1) The landlord has not been able to remediate the conditions of the residential premises so that it is safe for habitability within sixty business days after the landlord received notice of the habitability issue from the tenant;

(2) The tenant has given the landlord written or electronic notice that the residential premises is not safe for habitability due to damage from an environmental public health event; and

(3) The landlord is not able to provide adequate alternative housing accommodations for the tenant for the duration of the time that the residential premises is being remediated.

(g) Notwithstanding subsection (f), if the tenant is a member of a vulnerable population, the tenant may terminate the tenant's lease or agreement after the residential premises has been damaged due to an environmental public health event if:

(1) The tenant has given the landlord written or electronic notice that the residential premises is not safe for habitability due to damage from an environmental public health event;

(2) The landlord has not been able to remediate the conditions of the residential premises so that it is safe for habitability for the tenant who is a member of a vulnerable population;

(3) The landlord is not able to provide adequate alternative housing accommodations for the tenant for the duration of the time that the residential premises is being remediated; and

(4) The tenant provides the landlord with evidence from a licensed medical doctor that the tenant's condition is such that to continue living in a residential premises that has been damaged due to an environmental public health event would be detrimental to the tenant's health, safety, or quality of life.

(h) Before a landlord leases a residential premises to a tenant, the landlord shall ensure that the residential premises is fit for human habitation in accordance with this section and section 521-42(1)(7).

(i) As used in this section:

"Environmental public health event" means a natural disaster or an environmental event, such as a wildfire, flood, or release of toxic contaminants, that may create negative health and safety impacts for a tenant that lives in a nearby residential premises.

"Vulnerable population" means children, individuals with asthma, individuals with disabilities, individuals who are pregnant, or any other group of individuals with health conditions that make the individuals more susceptible to environmental contaminants."

SECTION 2. Section 521-42, Hawaii Revised Statutes, is amended to read as follows:

"§521-42 Landlord to supply and maintain fit premises. (a) The landlord shall at all times during the tenancy:

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

(2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition;

(3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition;

(4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear;

(5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; [~~and~~]

(6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant[.]; and

(7) Comply with applicable standards from the American National Standards Institute, or its successor organization, for the remediation and clean up of a residential premises following an environmental public health event.

Prior to the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make [~~such~~] an inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy shall be rebuttably presumed to be the same as when the tenant first occupied the premises.

(b) The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, and minor remodeling only if:

(1) The agreement of the landlord and tenant is entered into in good faith and is not for the purpose of evading the obligations of the landlord;

(2) The work to be performed by the tenant is not necessary to cure noncompliance by the landlord with [~~section 521-42(a)(1);~~] paragraph (1) or (7) of subsection (a); and

(3) The agreement of the landlord and tenant does not diminish the obligations of the landlord to other tenants."

SECTION 3. Section 521-74, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the tenant, nor shall the landlord otherwise cause the tenant to quit the dwelling unit involuntarily, nor demand an increase in rent from the tenant; nor decrease the services to which the tenant has been entitled, after:

(1) The tenant has complained in good faith to the department of health, landlord, building department, office of consumer protection, or any other governmental agency concerned with landlord-tenant disputes of conditions in or affecting the tenant's dwelling unit which constitutes a violation of a health law or regulation or of any provision of this chapter; or

(2) The department of health or other governmental agency has filed a notice or complaint of a violation of a health law or regulation or any provision of this chapter; or

(3) The tenant has in good faith requested repairs under section 521-63 [or], 521-64[.], or 521- ."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2907
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII