SB822 SD1

SECTION 1. 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~~] the 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); [or]

(2) May remedy the tenant's failure to comply and bill the tenant for the actual and reasonable cost of [~~such~~] the 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[.]; or

(3) May petition a district court for a temporary restraining order, permanent restraining order, or injunction to compel the tenant's compliance with section 521-51; provided that:

(A) If the district court issues either a preliminary or permanent injunction against the tenant and the court subsequently determines that the tenant has violated the injunction, the court shall issue to the landlord a judgment for possession;

(B) A petition for relief filed under this subsection concerning a violation of section 521-51 shall be in writing, shall allege that a violation of section 521-51 has occurred, and shall be accompanied by an affidavit made under oath or a statement made under penalty of perjury stating the specific facts and circumstances for which relief is sought;

(C) The petition shall be set for a return hearing and notice served on the tenant in the same manner as a complaint for summary possession;

(D) At the return hearing, the court may temporarily restrain the person or persons named in the petition from violating section 521-51 upon a determination that there is probable cause to believe that a violation of section 521-51 occurred and that an injunction is reasonably necessary for the preservation of the property or to protect the landlord, other tenants, or any other person. The court may issue a temporary restraining order either in writing or orally; provided that oral orders shall be reduced to writing by the close of the next court day;

(E) Any order issued under this subsection shall be served upon the tenant via personal service or certified mail, unless the tenant was present at the hearing at which the court orally issued the order;

(F) Where service of a restraining order or injunction has been made or where the tenant is deemed to have received notice of a restraining order or injunction order, any knowing or intentional violation of the restraining order or injunction order shall subject the tenant to subparagraph (K);

(G) A temporary restraining order that is granted under this subsection shall remain in effect at the discretion of the court for a period not to exceed ninety days from the date the order is granted. A temporary injunction may be extended for up to three years by the court if the landlord proves by a preponderance of the evidence that the tenant has violated section 521-51;

(H) Upon the request of the tenant, the court may set an evidentiary hearing to determine if a temporary restraining order shall be dissolved, remain in effect for the initial ninety days, or become permanent and remain in effect for up to three years. The evidentiary hearing shall be held within ten days after a request to dissolve is received from the tenant unless a court closure due to a holiday or other reason prevents the hearing from taking place, in which case the hearing shall occur on the next available hearing date. The temporary restraining order shall be considered in effect until the court hears and adjudicates any request to dissolve the temporary restraining order;

(I) The parties named in the petition may file written responses or give oral responses explaining, excusing, justifying, or denying the alleged violation of section 521-51. The court shall receive at the hearing all relevant evidence and may make independent inquiry;

(J) If the court finds by a preponderance of the evidence that a violation of section 521-51 has occurred, in addition to any other relief provided for by law, the court shall issue to the landlord a judgment for possession for the rented premises, effective immediately; and

(K) If the tenant violates a restraining order issued under this paragraph, the landlord may immediately file a motion with the court regarding the violation of the restraining order and may seek a judgment for possession to remove the tenant from the rented premises. The hearing on the motion shall be heard within ten days of its filing, unless a court closure due to a holiday or other reason prevents the hearing from taking place, in which case the hearing shall occur on the next available hearing date. If the matter is not resolved by motion, the court may order an evidentiary hearing upon the request of either party. If the court finds by a preponderance of the evidence that a violation of the temporary restraining order has occurred, the court shall issue to the landlord a judgment for possession, effective immediately. The parties named in the petition may file written responses or give oral responses explaining, excusing, justifying, or denying the alleged violation of the temporary restraining order. The court shall receive at the hearing all relevant evidence and may make independent inquiry.

(b) No allowance of time to remedy noncompliance shall be required when 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 to 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.

(e) Nothing in this section shall be construed to prohibit constitutionally protected activities."

SECTION 2. (a) There is established the residential landlord-tenant code working group within the judiciary to conduct a comprehensive review of the residential landlord‑tenant code and prepare a report on whether amendments and updates to the code are necessary.

(b) The working group shall consist of the following members:

(1) The chief justice of the Hawaii supreme court, or the chief justice's designee, who shall serve as chairperson of the working group;

(2) One member appointed by the president of the senate;

(3) One member appointed by the speaker of the house of representatives; and

(4) Other members appointed by the chairperson of the working group.

(c) The members of the working group shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(d) No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group.

(e) The working group shall report its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

(f) The working group shall be dissolved on June 30, 2027.

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	822
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII