Report Title:

Rental Housing Eviction Protection; Domestic Violence Victims

 

Description:

Prohibits a landlord from evicting a rental housing tenant solely on the basis that the tenant is a victim of domestic violence.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1497

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to domestic violence.

 

 

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

 


     SECTION 1.  The legislature finds that the 2006 amendments to the federal Violence Against Women Act of 1998 expressly prohibit federally-funded public housing agencies from terminating a lease due to incidents or threats of domestic violence, dating violence, or stalking.  Protection should also be extended by the State to any victim of domestic violence who is a tenant in a rental housing unit under a rental agreement.

     The purpose of this Act is to provide protections for victims of domestic violence by prohibiting landlords from refusing to rent, or evicting a rental housing tenant solely based upon the person's status as a victim of domestic violence.

     SECTION 2.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§521-    Protection for victim of domestic violence.  (a)  When a tenant, an applicant for a rental agreement, or a member of the tenant's or applicant's household is a victim of domestic violence, a landlord shall not terminate or fail to renew a rental agreement, refuse to enter into a rental agreement, or take any other action affecting the leasing of a residence based upon the tenant's, applicant's, or household member's status as a victim of domestic abuse.

     (b)  A tenant who becomes a victim of domestic violence during the term of a rental agreement may terminate the rental agreement without penalty, subject to the following conditions:

     (1)  The tenant shall provide the landlord with written notice requesting release from the rental agreement and the date of release shall be within thirty days of the date of the written notice, or earlier upon mutual agreement of the parties; and

     (2)  The tenant shall be responsible for the rent until the date of release and shall not be liable for future rent or early termination penalties or fees pursuant to section 521-70(d), if the tenant vacates the dwelling unit by the agreed-upon date of release; provided that:

         (A)  The tenant shall be liable for any delinquent, unpaid rent or other amounts owed to the landlord that accrued prior to the date of release; and

         (B)  The landlord may maintain any claim available under section 521-69.

Notwithstanding the release of the tenant from a rental agreement under this subsection, the tenancy shall continue for any remaining tenant under the terms of the rental agreement.

     (c)  Upon written request of a tenant who is a victim of domestic violence, and at the tenant's expense, a landlord shall change the locks to the tenant's residence or authorize the tenant to do so within three business days of receipt of the written request.

     (d)  A landlord may request verification of a tenant's status as a victim of domestic violence.  Any verification information shall be confidential and may be disclosed only as evidence in a summary possession proceeding or action for unpaid rent or damages, upon the written consent of the tenant, or as otherwise required or authorized by law.  Upon the request of the landlord, the tenant may provide as verification:

     (1)  A letter of verification or other documentation from a law enforcement agency that states that the tenant notified the law enforcement agency that the tenant was a victim of domestic violence and specifies the date on which the tenant reported that the domestic violence occurred;

     (2)  A copy of an enforceable temporary restraining order or protective order issued pursuant to section 586-4 or 586-5.5; or

     (3)  The signed declaration of an organization or member of a profession serving victims of domestic violence, including a domestic violence agency, a minister, a therapist, or other social service agency, stating that the tenant sought assistance as a victim and specifying the date on which the tenant reported that the domestic violence occurred."

     SECTION 3.  Section 521-8, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Victim of domestic violence" means a person who is protected by a temporary restraining order or protective order issued pursuant to section 586-4 or 586-5.5 within a year of an action falling within subsection (a), (b), or (c) of section 521-    and who:

     (1)  Was a victim of a felony or misdemeanor crime of violence committed by a current or former spouse, by a person with whom the victim shares custody of a child, or by a person who is cohabitating with or has cohabitated with the victim;

     (2)  Was the victim of harassment by stalking as defined by section 711‑1106.5;

     (3)  Was protected by a temporary restraining order or protective order issued pursuant to section 586-4 or 586-5.5 and the order was violated; or

     (4)  Sought assistance as a victim from an organization or member of a profession serving victims of domestic violence, including a domestic violence agency, a minister, a therapist, or social service agency."

     SECTION 4.  Section 521-74, Hawaii Revised Statutes, is amended to read as follows:

     "§521-74  Retaliatory or discriminatory evictions [and rent increases] prohibited.  (a)  Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the tenant, nor shall the landlord otherwise cause the tenant to quit the dwelling unit involuntarily, nor demand an increase in rent from the tenant; nor decrease the services to which the tenant has been entitled, after:

     (1)  The tenant has complained in good faith to the department of health, landlord, building department, office of consumer protection, or any other governmental agency concerned with landlord-tenant disputes of conditions in or affecting the tenant's dwelling unit [which] that constitutes a violation of a health law or regulation or of any provision of this chapter; [or]

     (2)  The department of health or other governmental agency has filed a notice or complaint of a violation of a health law or regulation or any provision of this chapter; or

     (3)  The tenant has in good faith requested repairs under section 521-63 or 521-64.

     (b)  Notwithstanding that a tenant who is a victim of domestic violence has no written rental agreement or that it has expired, so long as the tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld, no action or proceeding to recover possession of the dwelling unit may be maintained against the tenant, nor shall the landlord otherwise cause the tenant to quit the dwelling unit involuntarily, based upon the tenant's status as a victim of domestic violence.  Nothing in this subsection shall prevent the landlord from establishing and proving a legitimate, non-discriminatory reason for an action or proceeding to recover possession of the dwelling unit.

     [(b)] (c)  Notwithstanding [subsection (a),] subsections (a) and (b), the landlord may recover possession of the dwelling unit if:

     (1)  The tenant is committing waste, or a nuisance, or is using the dwelling unit for an illegal purpose or for other than living or dwelling purposes in violation of the tenant's rental agreement;

     (2)  The landlord seeks in good faith to recover possession of the dwelling unit for immediate use as the landlord's own abode or that of the landlord's immediate family;

     (3)  The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of substantially altering, remodeling, or demolishing the premises;

     (4)  The complaint or request of subsection (a) relates only to a condition or conditions caused by the lack of ordinary care by the tenant or another person in the tenant's household or on the premises with the tenant's consent;

     (5)  The landlord has received from the department of health certification that the dwelling unit and other property and facilities used by or affecting the use and enjoyment of the tenant were on the date of filing of the complaint or request in compliance with health laws and regulations;

     (6)  The landlord has in good faith contracted to sell the property, and the contract of sale contains a representation by the purchaser corresponding to paragraph (2) or (3); or

     (7)  The landlord is seeking to recover possession on the basis of a notice to terminate a periodic tenancy, which notice was given to the tenant previous to the complaint or request of subsection (a)[.] or prior to the landlord's knowledge of the tenant's status as a victim of domestic violence.

     [(c)] (d)  Any tenant from whom possession has been recovered or who has been otherwise involuntarily dispossessed, in violation of this section, is entitled to recover the damages sustained by the tenant and the cost of suit, including reasonable attorney's fees.

     [(d)] (e)  Notwithstanding subsection (a), the landlord may increase the rent if:

     (1)  The landlord has received from the department of health certification that the dwelling unit and other property and facilities used by and affecting the use and enjoyment of the tenant were on the date of filing of the complaint or request of subsection (a) in compliance with health laws and regulations;

     (2)  The landlord has become liable for a substantial increase in property taxes, or a substantial increase in other maintenance or operating costs not associated with the landlord's complying with the complaint or request, not less than four months prior to the demand for an increase in rent; and the increase in rent does not exceed the prorated portion of the net increase in taxes or costs;

     (3)  The landlord has completed a capital improvement of the dwelling unit or the property of which it is a part and the increase in rent does not exceed the amount which may be claimed for federal income tax purposes as a straight-line depreciation of the improvement, prorated among the dwelling units benefited by the improvement;

     (4)  The complaint or request of subsection (a) relates only to a condition or conditions caused by the want of due care by the tenant or another person of the tenant's household or on the premises with the tenant's consent; or

     (5)  The landlord can establish, by competent evidence, that the rent now demanded of the tenant does not exceed the rent charged other tenants of similar dwelling units in the landlord's building or, in the case of a single-family residence or where there is no similar dwelling unit in the building, does not exceed the market rental value of the dwelling unit."

     SECTION 5.  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, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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