Bill Text: HI HB331 | 2010 | Regular Session | Introduced

Hawaii House Bill 331 (Prior Session Legislation)

Introduced

Bill Title: Mortgage Foreclosures; Landlord and Tenant; Notice

Spectrum: Moderate Partisan Bill (Democrat 15-4)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB331 Detail]

Download: Hawaii-2010-HB331-Introduced.html

Report Title:

Mortgage Foreclosures; Landlord and Tenant; Notice

Description:

Requires that tenants of rental property be given sixty days written notice to vacate when the rental property is sold in foreclosure. Requires that tenants of rental property be notified when foreclosure proceedings have begun on the rental property.

HOUSE OF REPRESENTATIVES	H.B. NO.	331
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO REAL PROPERTY.

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

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

"§521- Foreclosure notice. (a) Notwithstanding any law or agreement to the contrary, any person who forecloses on any rental housing property shall notify, by way of certified or registered mail, any tenants or subtenants in possession of the rental housing property. The notice shall include the following language:

"Foreclosure process has begun on this property, which may affect your right to continue to live in this property. During a public sale, this property may be sold at foreclosure. If you are renting this property, the new property owner may either give you a new lease or rental agreement or provide you with a 60-day eviction notice. However, other laws may prohibit an eviction in this circumstance or provide you with a longer notice before eviction. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights you may have."

For the purposes of this section, "rental housing property" means any structure or any part thereof which is rented or offered for rent for residential occupancy in this State."

SECTION 2. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§521- Foreclosure; notice to vacate. (a) Notwithstanding any statutory provision to the contrary, a tenant or subtenant in possession of a rental housing unit at the time the property is sold in foreclosure shall be given written notice to vacate the property within sixty days from the date the notice is delivered to the tenant or subtenant, pursuant to subsection (b), before the tenant or subtenant may be removed from the property.

(b) The notice required in subsection (a) may be delivered by any of the following manners:

(1) By delivering a copy to the tenant personally;

(2) If he or she is absent from his or her place of residence, and from his or her usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at the tenant's place of residence; or

(3) If the tenant's place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if the person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner."

SECTION 3. Chapter 666, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§666- Foreclosure; notice to vacate. (a) Notwithstanding any statutory provision to the contrary, a tenant or subtenant in possession of a rental housing unit at the time the property is sold in foreclosure shall be given written notice to vacate the property within sixty days from the date the notice is delivered to the tenant or subtenant, pursuant to subsection (b), before the tenant or subtenant may be removed from the property.

(b) The notice required in subsection (a) may be delivered by any of the following manners:

(1) By delivering a copy to the tenant personally;

SECTION 4. Section 667-5.5, Hawaii Revised Statutes, is amended to read as follows:

"§667-5.5 Foreclosure notice. (a) Notwithstanding any law or agreement to the contrary, any person who forecloses on a property within a planned community, a condominium apartment or unit, or an apartment in a cooperative housing project shall notify, by way of registered or certified mail, the board of directors of the planned community association, the association of owners of the condominium project, or the cooperative housing project in which the property to be foreclosed is located, of the foreclosure at the time foreclosure proceedings are begun. The notice, at a minimum, shall identify the property, condominium apartment or unit, or cooperative apartment which is the subject of the foreclosure and identify the name or names of the person or persons bringing foreclosure proceedings. This section shall not apply when the planned community association, condominium association of owners, or cooperative housing corporation is a party in a foreclosure action. This section shall not affect civil proceedings against parties other than the planned community association, association of owners, or cooperative housing corporation.

(b) Notwithstanding any law or agreement to the contrary, any person who forecloses on any rental housing property shall notify, by way of certified or registered mail, any tenants or subtenants in possession of the rental housing property. The notice shall include the following language:

For the purposes of this section, "rental housing property" means any structure or any part thereof which is rented or offered for rent for residential occupancy in this State."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.