Report Title:

Landlord-Tenant; Domestic Violence Victims; Cancellation of Lease

 

Description:

Allows a tenant who is a victim of domestic violence, sexual abuse, or harassment by stalking to terminate his or her rental agreement. (HB812 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

812

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

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

     "§521-     Termination of tenancy; domestic violence.  (a)  Notwithstanding any statutory provision to the contrary, a tenant may notify the landlord that the tenant or a household member was the victim of an act that constitutes an act of abuse of a family or household member, in violation of section 709-906; sexual assault, in violation of section 707-730, 707-731, 707-732, 707-733, or 707-733.6; or harassment by stalking, in violation of section 711-1106.4 or 711-1106.5, and that the tenant intends to terminate the rental agreement.

     (b)  A notice to terminate a rental agreement under this section shall be in writing, with one of the following attached to the notice:

     (1)  A copy of a temporary restraining order or protective order, issued pursuant to chapter 586; or

     (2)  A copy of a written report by a law enforcement officer employed by a state or county law enforcement agency acting in the officer's official capacity, stating that the tenant or household member has filed a report alleging that the tenant or the household member is a victim of abuse of family or household member, sexual assault, or harassment by stalking.

     (c)  The notice to terminate the rental agreement shall be given within sixty days of the date that any order described in subsection (b)(1) was issued; or within sixty days of the date that any written report described in subsection (b)(2) was made.

     (d)  If notice to terminate the tenancy is provided to the landlord under this section, the tenant shall be released from any rent payment obligation under the rental agreement without penalty.  Section 521-44, regarding security deposits, shall apply.

     (e)  Nothing in this section shall relieve a tenant, other than the tenant who is, or the household member who is, a victim of abuse of a family or household member, sexual assault, or harassment by stalking and members of that tenant's household, from their obligations under the rental agreement.

     (f)  As used in this section, "household member" has the same meaning as and includes any family or household member as that term is defined in section 586-1."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.