Bill Text: HI SB651 | 2014 | Regular Session | Amended
Bill Title: Public Housing; State Low-income Housing; Elder or Elderly Households; Smoking Prohibited
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2014-06-18 - Act 091, 6/16/2014 (Gov. Msg. No. 1192). [SB651 Detail]
Download: Hawaii-2014-SB651-Amended.html
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THE SENATE |
S.B. NO. |
651 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§356D- Lease, rental agreement; smoking prohibition. (a) Effective July 1, 2014, the authority shall not enter into or renew any lease, rental agreement, permit, or license, including a month-to-month tenancy, unless the lease, rental agreement, permit, or license contains a provision that prohibits the tenant or any guest of the tenant from smoking anywhere in the public housing project, including the dwelling unit of the tenant, other than a designated smoking area. The authority may designate one or more areas within the housing project where smoking is allowed; provided that the area or areas shall be situated not less than twenty-five feet from any building.
(b) Upon learning of any noncompliance with the provision required by subsection (a), the authority shall notify the tenant in writing of the noncompliance. If the tenant cannot be served with notice as required, notice may be given the tenant by posting the notice in a conspicuous place on the dwelling unit.
(c) Failure of a tenant or any guest of the tenant to comply with the no smoking provision pursuant to subsection (a) constitutes a ground for termination of the lease, rental agreement, permit, or license, including a month-to-month tenancy, and eviction from the dwelling unit.
(d) The authority may adopt rules pursuant to chapter 91 to effectuate the purposes of this section."
SECTION 2. Section 356D-92, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:
(1) Failure to pay rent when due;
(2) Violation of any of the provisions of a lease, rental agreement, permit, or license;
(3) Violation of any of the rules of the authority;
(4) Failure to maintain the dwelling unit in a clean,
sanitary, and habitable condition; [or]
(5) The existence of any other circumstances giving
rise to an immediate right to possession by the authority[.]; or
(6) Smoking anywhere other than within a designated smoking area in the public housing project, including a dwelling unit or other premises located within a public housing project, when smoking is prohibited pursuant to section 356D- ."
SECTION 3. This Act does not affect the rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Public Housing; Smoking Prohibited
Description:
Provides that the Hawaii public housing authority shall not enter into or renew any lease, rental agreement, permit, or license unless the lease, rental agreement, permit, or license prohibits smoking in the public housing project. Authorizes the authority to designate smoking areas. Authorizes the eviction of a tenant who violates the smoking prohibition. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
