Pets, condominiums,
cooperatives, PUDs
Prohibits landlords from preventing persons 62 years old and over
and disabled persons from owning an animal in a condominium,
cooperative, and planned unit development with 6 or more units
privately owned or rented if rented or purchased by a senior
citizen or disabled person.

HB HMIA 2000-100
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Chapter 515, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "515-      Pet discrimination against senior citizens and
 5 disabled persons.  (a)  Notwithstanding any law to the contrary,
 6 a domesticated animal shall be allowed in condominiums,
 7 cooperatives, and planned unit developments with six or more
 8 units if rented or purchased by a senior citizen or a disabled
 9 person.
10      (b)  Any senior citizen or disabled person residing in a
11 condominium, cooperative, or planned unit development, upon
12 providing written notice to the landlord or governing body, shall
13 be permitted to own, harbor, or care for a domesticated animal
14 while a resident of that dwelling unit.
15      (c)  A landlord or governing body shall not refuse to renew
16 a lease for a dwelling unit to any senior citizen or disabled
17 person who owns, harbors, or cares for a domesticated animal in
18 accordance with this section except as provided in this section.
19      (d)  A landlord or governing body may refuse to renew a

HB HMIA 2000-100
Page 2                                                     2965
                                     H.B. NO.           

 1 lease to a senior citizen or disabled person when the senior
 2 citizen or disabled person fails to:
 3      (1)  Properly care for the domesticated animal;
 4      (2)  Properly control the animal by using a leash, if
 5           appropriate, or other necessary safety devices when
 6           walking to and from the dwelling unit; or 
 7      (3)  Promptly remove any animal waste. 
 8      (e)  A landlord or governing body may require a disabled
 9 person to present a physician statement as proof of disability.
10      (f)  A landlord or governing body who is in compliance with
11 this section shall not be liable for any damages in a civil
12 action for injury to person or property caused by a domesticated
13 animal owned, harbored, or cared for by a senior citizen or
14 disabled person; provided that the damages are not the result of
15 a wilful or wanton act of the landlord or governing body.
16      (g)  For purposes of this section:
17      "Disabled person" means a person with a disability.
18      "Domesticated animal" means a dog, cat, bird, fish, or other
19 animal that does not constitute a health or safety hazard. 
20      "Senior citizen" means a person sixty-two years of age or
21 older and shall include a surviving spouse if that surviving
22 spouse is fifty-five years of age or over.
23      (h)  Nothing in this section shall affect the rights and

HB HMIA 2000-100
Page 3                                                     2965
                                     H.B. NO.           

 1 remedies of a landlord or governing body to take appropriate
 2 legal action to remove a domesticated animal as a continuing
 3 nuisance.
 4      (i)  Nothing in this section shall affect the regulation of
 5 animals by law."
 6      SECTION 2.  New statutory material is underscored.
 7      SECTION 3.  This Act shall take effect upon its approval.
10                         INTRODUCED BY:___________________________

HB HMIA 2000-100