HOUSE OF REPRESENTATIVES

H.B. NO.

2521

TWENTY-EIGHTH LEGISLATURE, 2016

 

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.  The legislature finds that it is detrimental to the health, safety, and economy of local communities and the rights of real property owners if the owner of vacant or unoccupied residential real property cannot be readily contacted in the case of an emergency.

     The purpose of this Act is to establish a vacant or unoccupied residential property registration program in each county that requires the owner of vacant or unoccupied residential property or owner's agent to register the property with the county police department in the county where the property is located.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-    Vacant or unoccupied residential property registration program; law enforcement.  (a)  There is established in each county a vacant or unoccupied residential property registration program.

     (b)  Within thirty days of residential property becoming vacant or unoccupied, the owner or owner's agent shall register the property with the county police department in the county where the property is located and complete and submit a notarized registration form that includes the following:

     (1)  The owner's or owner's agent's name, address, telephone, and email address;

     (2)  A statement that at the time of obtaining ownership of the property, no person was occupying the property and no ownership interest or right of possession in the property has since been conveyed or transferred to any other person or entity; the property is vacant and is not authorized to be occupied by any person; and no person is authorized to reside on the property;

     (3)  A copy of the deed that shows ownership in the property; and

     (4)  The signature of the owner or owner's agent and the date.

     (c)  Within seven days of the vacant or unoccupied property becoming occupied with the owner's or owner's agent's knowledge and consent, the owner or owner's agent shall notify the county police department where the registration was filed.

     (d)  Upon the owner or the owner's agent verifying that an unauthorized person is on the registered property, the owner or owner's agent shall notify the county police department where the registration was filed and the police shall:

     (1)  Verify that the property has been properly registered as being vacant or unoccupied pursuant to subsection (a) and is not authorized to be occupied by any person; and

     (2)  Identify any unauthorized person found on the registered property and require the person to provide written authorization or other evidence that the person has a right to occupy the registered property; provided that a person who does not produce sufficient evidence shall be informed that the owner or owner's agent may bring a cause of action against the person."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2016-2017 as a grant-in-aid to each county for the establishment of a vacant or unoccupied residential property registration program, to be allocated as follows:

     $           to the city and county of Honolulu;

     $           to the county of Maui;

     $           to the county of Hawaii; and

     $           to the county of Kauai.

     The sum appropriated shall be expended by each county for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

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Report Title:

Vacant or Unoccupied Real Property Program; Registration; Law Enforcement; Appropriation

 

Description:

Appropriates funds as a grant-in-aid to each county for the establishment of a vacant or unoccupied residential property registration program in each county that requires the owner of vacant or unoccupied residential property or owner's agent to register the property with the county police department in the county where the property is located.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.