Bill Text: HI HB1529 | 2018 | Regular Session | Amended
Bill Title: Relating To Housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-15 - Report adopted. referred to the committee(s) on JUD as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, McDermott, Nakamura, Souki, Todd excused (6). [HB1529 Detail]
Download: Hawaii-2018-HB1529-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1529 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOUSING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is
to prohibit discrimination based on a veteran's use of a housing assistance
voucher issued pursuant to the United States Department of Housing and Urban
Development and Department of Veterans Affairs supportive housing (HUD-VASH)
program, in the rental of real estate, including advertisements for available
rental units.
SECTION 2. Chapter 521, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:
"§521- Discriminatory
practices; veterans. (a) In
addition to the protections afforded by the supplementary general principles of
law made applicable to this chapter by section 521-3, it is a discriminatory
practice for a person engaging in a rental transaction pursuant to this chapter,
because a renter or potential renter is a veteran who uses a housing assistance
voucher, to:
(1) Refuse
to engage in a rental transaction with the veteran;
(2) Discriminate
against the veteran in the terms, conditions, or privileges of a rental
transaction or in the furnishing of facilities or services in connection with a
rental transaction;
(3) Refuse to
receive or to fail to transmit a bona fide offer to engage in a rental
transaction from the veteran;
(4) Refuse to
negotiate for a rental transaction with the veteran;
(5) Represent to the
veteran that premises are not available for inspection, rental, or lease when
in fact the premises are available, or to fail to bring a property listing to
the veteran's attention, or to refuse to permit the veteran to inspect premises,
or to steer the veteran away from seeking to engage in a rental transaction;
(6) Offer, solicit,
accept, use, or retain a listing of premises with the understanding that the
veteran may be discriminated against in a rental transaction or in the furnishing
of facilities or services in connection with a rental transaction; or
(7) Discriminate
against or deny the veteran access to, or membership or participation in any
multiple listing service or other service, organization, or facility involved
either directly or indirectly in rental transactions, or to discriminate
against the veteran in the terms or conditions of access, membership, or
participation.
(b) Nothing in this section shall
be deemed to prohibit a person from determining the ability of a potential
renter to pay rent by:
(1) Verifying, in a commercially reasonable
manner, the source and amount of income of the potential renter; or
(2) Evaluating, in a commercially reasonable manner, the stability, security, and creditworthiness of the potential renter or any source of income of the potential renter.
§521- Restrictive covenants and conditions;
veterans. (a) Every provision in an oral agreement or a
written instrument relating to premises that purports to forbid or restrict the
occupancy or lease thereof with regard to veterans who use housing assistance
vouchers is void.
(b) Every condition, restriction, or prohibition,
including a right of entry or possibility of reverter, that directly or
indirectly limits the use or occupancy of premises on the basis of a veteran's
use of a housing assistance voucher is void.
(c) It is a discriminatory practice to insert in a written instrument relating to premises a provision that is void under this section or to honor or attempt to honor the provision in the chain of title.
§521- Blockbusting; veterans. It is a discriminatory practice for a
person for the purpose of inducing a rental transaction from which the person
may benefit financially, because a renter or potential renter is a veteran who
uses a housing assistance voucher, to:
(1) Represent that
a change has occurred or will or may occur in the composition of the owners or
occupants in the block, neighborhood, or area in which the premises are
located; or
(2) Represent that the change referred to in paragraph (1) will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the premises are located.
§521-
Other discriminatory practices. It is a discriminatory practice for a
person, or for two or more persons to conspire to:
(1) Retaliate,
threaten, or discriminate against a person because of the exercise or enjoyment
of any right granted or protected by this chapter, or because the person has
opposed a discriminatory practice, or because the person has made a charge,
filed a complaint, testified, assisted, or participated in an investigation,
proceeding, or hearing under this chapter;
(2) Aid, abet, incite,
or coerce a person to engage in a discriminatory practice;
(3) Interfere with
any person in the exercise or enjoyment of any right granted or protected by
this chapter or with the performance of a duty or the exercise of a power by
any person or agency charged with enforcing this chapter;
(4) Obstruct or
prevent a person from complying with this chapter or an order issued pursuant
to this chapter;
(5) Intimidate or
threaten any person engaging in activities designed to make other persons aware
of, or encouraging other persons to exercise rights granted or protected by
this chapter;
(6) Threaten,
intimidate, or interfere with the enjoyment of premises by:
(A) A
veteran, because of the veteran's use of a housing assistance voucher; or
(B) The
visitors or associates of the veteran; or
(7) Print, circulate, post, or mail, or cause to be published a statement, advertisement, or sign, or to use a form of application for a rental transaction, or to make a record or inquiry in connection with a prospective rental transaction, that indicates, directly or indirectly, an intent to make a limitation or specification, or to discriminate because of a veteran's use of a housing assistance voucher."
SECTION 3. Section 521-8, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Housing assistance voucher" means a voucher issued to a veteran pursuant to the United States Department of Housing and Urban Development and Department of Veterans Affairs supportive housing (HUD-VASH) program.
"Rental transaction" means any part of a process or transaction for the rental or lease of premises.
"Veteran" means any person who served in any of the uniformed services of the United States and was discharged under conditions other than dishonorable."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2050.
Report Title:
Discrimination in Rental Transactions; Veterans; HUD-VASH Vouchers
Description:
Prohibits discrimination in the rental of real property based on a veteran's use of HUD-VASH vouchers. (HB1529 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
