Hawaii-2024-SB2564-Introduced

PART I

SECTION 1. The legislature finds that pet ownership can complicate a pet owner's search for housing. Difficulty obtaining homeowner's insurance, insurance breed restrictions, and expensive pet deposits or pet rent can make it difficult for a pet owner to buy or rent a home. The legislature recognizes that these housing difficulties can lead some pet owners to surrender or rehome their pet animals. This can have a detrimental impact on both the owners and animals and can strain the resources of animal rescue organizations. The legislature also recognizes that persons who are evicted from their housing may be concerned about the safety of their pet animals.

Accordingly, the purpose of this Act is to provide protections for pet owners and pet animals by:

(1) Prohibiting insurers from refusing to issue, refusing to renew, canceling, or establishing higher rates for a homeowners insurance policy or dwelling fire insurance policy based on the breed of any dog that is kept on the premises;

(2) Requiring any pet animal found on the premises during an eviction to be given to the owner or taken in by an animal control agency;

(3) Limiting the monetary amount of pet deposits and pet rent; and

(4) Clarifying that a provision allowing a lien on an animal to secure payment for caring for or feeding the animal does not apply to pet animals.

PART II

SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new part to article 10E to be appropriately designated and to read as follows:

"PART . PET ANIMALS

§431- Breed restrictions; prohibited. (a) An insurer shall not refuse to issue, refuse to renew, cancel, or establish higher rates for a homeowners insurance policy or dwelling fire insurance policy based on the breed of any dog that is kept on the premises.

(b) Notwithstanding subsection (a), an insurer may refuse to issue, refuse to renew, cancel, or establish higher rates for a homeowners insurance policy or dwelling fire insurance policy if a dog kept on the premises has been declared vicious or dangerous by a county law enforcement agency."

PART III

SECTION 3. Section 356D-64, Hawaii Revised Statutes, is amended to read as follows:

"[[]§356D-64[]] Eviction. (a) If the eviction board finds cause to terminate a lease, rental agreement, permit, or license and evict the tenant, the authority shall provide the tenant with a written notice of the authority's decision to terminate the tenancy. The written notice shall inform the tenant that a writ of possession may be issued by the authority within ten business days. The written notice shall also inform the tenant whether the grounds for eviction are curable and, if so, specify the methods to remedy the grounds, timeframe for completion, and documentation required to prove to the authority that the grounds have been remedied.

(b) When the grounds for termination of the tenancy may be cured by the tenant, the tenant shall have ten business days from receipt of the written notice under subsection (a) to cure the grounds. If the grounds are cured within the ten-day period, no writ of possession shall be issued. If the grounds are not cured within the ten-day period, the authority may issue a writ of possession.

(c) The authority may adopt rules pursuant to chapter 91 to define curable and noncurable grounds for eviction. The authority may consider a tenant's history in determining noncurable grounds for eviction. A tenant's history may include chronic or consistent delinquency, or repeated violations of the terms of the lease, rental agreement, permit, or license.

(d) Enforcement of the order by a writ of possession shall be effected either by a process server appointed by the authority, who shall have all of the powers of a police officer for all actions in connection with the enforcement of the order, or by a sheriff or any other law enforcement officer of the State or any county, whose duty it shall be to carry out the order. The person enforcing the order shall remove all persons from the premises and put the authority in full possession thereof.

(e) Upon eviction, the household goods and personal effects of the tenant against whom the order is entered, and those of any persons using the premises incident to the tenant's holding, may be removed from the premises and stored by the authority. If the action is taken, the authority shall have a lien on the property taken for the expenses incurred by the authority in moving and storing the property, and the authority is authorized to sell or otherwise dispose of the property if unclaimed after thirty days.

(f) If any pet animal is found on the premises when the writ of possession is enforced, the person enforcing the order shall:

(1) Give the pet animal to the tenant, if the tenant is present or able to be contacted; or

(2) Contact the local authority in charge of animal control and allow the authority to remove or secure the pet animal. The landlord shall provide to the authority the tenant's name and contact information, if available, and shall post notice at the premises in a visible place with the name and contact information of the organization where the animal has been taken;

provided that no pet animal found during the enforcement of a writ of possession shall be left on the property unattended."

PART IV

SECTION 4. Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§521- Pet security deposits and pet rent; limitations. (a) No landlord shall demand or receive from a prospective or current tenant as a condition of permitting a pet animal to reside on the premises:

(1) An additional security deposit of more than $300; provided that any security deposit charged for a pet animal shall be refundable to the tenant on termination of the lease; or

(2) Additional pet rent or pet fees in an amount more than $35 per month, or one and one-half per cent of the tenant's monthly rent, whichever is greater.

(b) As used in this section, "pet animal" has the same meaning as defined in section 711-1100."

PART V

SECTION 5. Section 507-1, Hawaii Revised Statutes, is amended to read as follows:

"§507-1 Animals, lien for care of. (a) Whoever pastures, feeds, or shelters animals by virtue of a contract with or by the consent of the owner of the animals for a compensation agreed upon, has a lien on the animals for pasturing, feeding, or sheltering to secure payment thereof with costs[.]; provided that this section shall not apply to pet animals.

(b) For purposes of this section, "pet animal" has the same meaning as defined in section 711-1100."

PART VI

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2564
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII