Bill Text: HI SB2132 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Residential Landlord-tenant Code.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Passed) 2024-05-29 - Act 032, 05/28/2024 (Gov. Msg. No. 1132). [SB2132 Detail]
Download: Hawaii-2024-SB2132-Introduced.html
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THE SENATE |
S.B. NO. |
2132 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 521-64, Hawaii Revised Statutes, is amended to read as follows:
"§521-64
Tenant's remedy of repair and deduction for minor defects. (a)
The landlord, upon written notification by the department of health or
other state or county agencies that there exists a condition on the premises [which]
that constitutes a health or safety violation, shall commence repairs of
the condition within [five business] ten calendar days of the
notification with a good faith requirement that the repairs be completed as
soon as possible; provided that if the landlord is unable to commence the
repairs within [five business] ten calendar days for reasons
beyond the landlord's control, the landlord shall inform the tenant of
the reason for the delay and set a reasonable tentative date on which repairs
will commence. [Health or safety
violations for the purpose of this section means any condition on the premises
which is in noncompliance with section 521-42(a)(1).]
(b) If the landlord fails to perform in the manner specified in subsection (a), the tenant may:
(1) Immediately do or have done the necessary
repairs in a competent manner[,] and, upon submission to the
landlord of receipts amounting to at least the sum deducted, deduct from the
tenant's rent [not] no more than [$500] $1,000 or one
month's rent, whichever is greater, for the
tenant's actual expenditures for work done to correct the health or safety
violation; or
(2) Submit to the landlord, at least [five
business] ten calendar days before having the work done, written
signed estimates from each of two qualified workers and proceed to have done
the necessary work by the worker who provides the lower estimate; provided that
the landlord may require in writing a reasonable substitute worker or
substitute materials, and, upon submission to the landlord of receipts
amounting to at least the sum deducted, the tenant may deduct [$500] $1,000
or one month's rent, whichever is greater, for the tenant's actual expenditures
for work done to correct the health or safety violation.
(c) The landlord, upon written notification by
the tenant of any defective condition on the premises [which] that
is in material noncompliance with section 521-42(a) or with the rental
agreement, shall commence repairs of the condition within twelve business days
of the notification with a good faith requirement that the repairs be completed
as soon as possible; provided that if the landlord is unable to commence
repairs within twelve business days for reasons beyond the landlord's control,
the landlord shall inform the tenant of the reason for the delay and set a
reasonable tentative date on which repairs will commence. In any case involving repairs, except those
required due to misuse by the tenant, to electrical, plumbing, or other
facilities, including major appliances provided by the landlord pursuant to the
rental agreement, necessary to provide sanitary and habitable living
conditions, the landlord shall commence repairs within three business days of
receiving oral or written notification, with a good faith requirement that the
repairs be completed as soon as possible; provided that if the landlord is
unable to commence repairs within three business days for reasons beyond the
landlord's control, the landlord shall inform the tenant of the reasons
for the delay and set a reasonable tentative date on which repairs will
commence.
(d) If the landlord fails to perform in the
manner specified in subsection (c), the tenant may immediately do or have done
the necessary work in a competent manner and, upon submission to the
landlord of receipts amounting to at least the sums deducted, deduct from the
tenant's rent [not] no more than [$500] $1,000 or one
month's rent, whichever is greater, for the tenant's actual expenditures
for work done to correct the defective condition.
(e) At the time the tenant initially notifies the
landlord under subsection (c), the tenant shall list every condition that the
tenant knows or should know of noncompliance under subsection (c), in addition
to the objectionable condition that the tenant then intends to correct or have
corrected at the landlord's expense.
Failure by [a] the tenant to list [such] a
condition that the tenant knew of or should have known of shall estop the
tenant from requiring the landlord to correct it and from having it corrected
at the landlord's expense under this section for a period of six months after
the initial notification to the landlord.
Total correction and repair work costs under this section chargeable to
the landlord's expense during each six-month period shall not exceed an amount
equal to three months' rent.
(f) In no event may a tenant repair a dwelling unit at the landlord's expense when the condition complained of was caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
(g) Before correcting a condition affecting
facilities shared by more than one dwelling unit, the tenant shall notify all
other tenants sharing [such] the facilities of the tenant's
plans, and shall [so] arrange the work [as] to create the least
practicable inconvenience to the other tenants.
(h) For the purposes of this section, "health or safety violation" means any condition on the premises that is in noncompliance with section 521-42(a)(1)."
SECTION 2. Section 521-68, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
A landlord or the landlord's agent may, any time after rent is due,
demand payment thereof and notify the tenant in writing that unless payment is
made within a time mentioned in the notice, [not] no less than [five
business] ten calendar days after receipt thereof, the rental
agreement will be terminated. 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. If the tenant remains in default,
the landlord may thereafter bring a summary proceeding for possession of the
dwelling unit or any other proper proceeding, action, or suit for
possession."
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.
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INTRODUCED BY: |
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Report Title:
Residential Landlord-Tenant Code; Remedies; Deadlines
Description:
Amends the deadlines related to the repair of conditions that constitute health or safety violations and the payment of past due rent. Increases the amount deducted from a tenant's rent for the tenant's actual expenditures to correct health or safety violations and defective conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
