Bill Text: HI SB2720 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Residential Tenants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-02 - The committee on CPN deferred the measure. [SB2720 Detail]

Download: Hawaii-2024-SB2720-Introduced.html

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THE SENATE	S.B. NO.	2720
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO RESIDENTIAL TENANTS.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 36 to be appropriately designated and to read as follows:

"Chapter

RESIDENTIAL TENANT ACTS AND LANDLORD LIABILITY

     §   -1  Definitions.  For the purposes of this chapter, unless the context requires otherwise:

     "Act of harassment" means harassment, assault, stalking, theft, or any similar act.

     "Dwelling unit", "landlord", "owner", "premises", and "tenant" shall have the same meaning as in section 521-8.

     "Individual" means a natural person.

     "Neighbor" means:

     (1)  An individual residing in; or

     (2)  A person that is the owner of,

a dwelling unit adjacent to or within      feet of the dwelling unit of a tenant.

     "Person" means an individual or an entity.

     §   -2  Landlord liability; when applied.  (a)  If a tenant disturbs a neighbor's quiet enjoyment of the neighbor's dwelling unit by any act of harassment, the neighbor may file a complaint seeking relief from the tenant's landlord.  Summons shall be served and shall be returnable within the time provided by the rules of court.

     (b)  A landlord shall not be held liable for relief pursuant to this chapter if a neighbor fails to prove, by a preponderance of the evidence, that the landlord's tenant committed the alleged act of harassment.

     (c)  In determining whether a landlord is liable for relief pursuant to this chapter, the court shall consider:

     (1)  Whether the tenant committed the act of harassment on or from the tenant's dwelling unit or the premises of the unit;

     (2)  Whether the landlord could have taken steps to intervene to prevent the act of harassment without violating chapter 521 or any other law intended to protect tenants or residents;

     (3)  The credibility of all witnesses;

     (4)  Whether the landlord had actual notice of prior, similar act of harassment that were proven to have been committed by the tenant, and if so proven, whether the landlord instructed the tenant to refrain from repeating those acts;

     (5)  Whether the neighbor prevailed against the landlord in a prior proceeding conducted pursuant to this chapter; and

     (6)  Other relevant factors.

     (d)  Relief available to a neighbor pursuant to this chapter may include compensatory damages and any other damages available under law; provided that in awarding damages, the court shall consider whether the neighbor prevailed against the landlord in a prior proceeding conducted pursuant to this chapter.

     §   -3  Automatic possession.  (a)  The neighbor's complaint may also request that the court issue a writ for the landlord's possession of the premises in question; provided that the tenant is named as a co-defendant in the complaint, and summons is served within the time provided by the rules of court.

     (b)  In determining whether to issue a writ of possession, the court shall consider:

     (1)  The nature of the act of harassment proven to have been committed by the tenant;

     (2)  Whether the tenant previously committed other acts of harassment against the neighbor;

     (3)  Whether the landlord is willing to take possession of the property; and

     (4)  Other relevant factors.

     (c)  If the court issues a writ of possession, the writ shall be executed pursuant to chapter 666.

     §   -4  Other relief not affected.  This chapter shall not be construed to prohibit any person from seeking relief under common law or any other law."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Landlords; Tenants; Rentals; Neighbors; Harassment; Liability

 

Description:

Establishes a process by which a neighbor of a tenant may seek relief from the tenant's landlord for acts of harassment by the tenant.  Includes an alternative process for the eviction of tenants.

 

 

 

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