REPORT TITLE: 
Summary possession; venue
DESCRIPTION:
Provides that venue for residential landlord-tenant summary
possession actions shall be in small claims court unless all
parties agree to move it to district court.

 
HB HMIA 99-319
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            445         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO SUMMARY POSSESSION.



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


 1      SECTION 1.  Section 633-27, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  All district courts, except as otherwise provided,
 
 4 shall exercise jurisdiction conferred by this chapter, and while
 
 5 sitting in the exercise of that jurisdiction, shall be known and
 
 6 referred to as the small claims division of the district court;
 
 7 provided that the jurisdiction of the court when sitting as a
 
 8 small claims division of the district court shall be confined to:
 
 9      (1)  Cases for the recovery of money only where the amount
 
10           claimed does not exceed $3,500 exclusive of interest
 
11           and costs, except as provided by section 633-30;
 
12      (2)  Cases involving disagreement between landlord and
 
13           tenant about the security deposit or concerning summary
 
14           possession in a residential landlord-tenant
 
15           relationship; and
 
16      (3)  Cases for the return of leased or rented personal
 
17           property worth $3,500 or less where the amount claimed
 
18           owed for that lease or rental does not exceed $3,500
 
19           exclusive of interest and costs.
 

 
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 1 This chapter shall not abridge or affect the jurisdiction of the
 
 2 district courts under paragraphs (1) and (3) to determine cases
 
 3 under the ordinary procedures of the court, it being optional
 
 4 with the plaintiff in the cases to elect the procedure of the
 
 5 small claims division of the district court or the ordinary
 
 6 procedures, as provided by rule of court.  No case filed in the
 
 7 small claims division after December 31, 1991, shall be removed 
 
 8 from the small claims division to be heard under the ordinary
 
 9 procedures of the district court unless the removal is agreed to
 
10 by the plaintiff.  In cases arising under paragraph (2) the
 
11 jurisdiction of the small claims division of the district court
 
12 shall be exclusive.  This subsection shall not abrogate nor
 
13 supersede sections 604-5, 633-30, and 633-31."
 
14      SECTION 2.  Section 666-6, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "�666-6 Summary possession proceedings; venue.  In the case
 
17 of summary possession proceedings, the person entitled to the
 
18 possession of the premises shall bring and prosecute the person's
 
19 action in the district court of the circuit wherein the lands and
 
20 premises in question are situated[.]; provided that for
 
21 residential leases, jurisdiction in summary possession cases
 
22 shall be in the small claims court of the circuit in which the
 
23 premises are located unless all parties file a joint motion to
 

 
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 1 transfer jurisdiction to the district court in the circuit in
 
 2 which the premises are located." 
 
 3      SECTION 3.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.
 
 6 
 
 7 
 
 8                         INTRODUCED BY:___________________________
 

 
HB HMIA 99-319