| 47 | | - | SECTION 1. The legislature finds that Hawaii has one of the highest percentages of renter households in the nation, with forty-three per cent of households consisting of renters. The legislature recognizes that the State also has the lowest inventory of affordable housing in the nation, resulting in thousands of families, many of whom are already facing eviction, being unable to find alternative housing. The legislature further recognizes that evictions increase homelessness, unemployment, crime, and mental and physical illness. Further, children who experience an eviction often show signs of slower academic progress and other developmental impairments. Additionally, each eviction results in significant financial and social costs to the dispossessed household and the surrounding community. The legislature believes that eviction procedures must carefully balance the landlord's need for sufficient enforcement against the tenant's need for sufficient protection. The legislature further finds that without adequate safeguards, tenants may become targets for abuse during these eviction proceedings. Currently, the residential landlord-tenant code makes it difficult for tenants to defend themselves against wrongful evictions. While the code clearly outlines landlords' responsibilities, it fails to provide tenants with suitable methods of recourse and ways to hold landlords accountable in various situations. The legislature acknowledges that landlords are prohibited from retaliating against tenants who request repairs to their respective homes or complain about health or safety code violations. However, although the residential landlord-tenant code guarantees compensation for other landlord offenses, it also places on the tenant the burden of proving entitlement to compensation for a landlord's retaliation. The result is often that tenants who have been retaliated against are not made whole, allowing landlords to continue these retaliatory practices. Accordingly, the purpose of this Act is to specify the amount of damages recoverable by a tenant who is subjected to an unlawful retaliatory eviction. SECTION 2. Section 521-74, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) Any tenant from whom possession has been recovered or who has been otherwise involuntarily dispossessed, in violation of this section[,] and without court order, is entitled to recover [the] damages [sustained by the tenant] in an amount equal to two months' rent and the cost of suit, including reasonable attorney's fees." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. The legislature finds that Hawaii has one of the highest percentages of renter households in the nation, with forty-three per cent of households consisting of renters. The legislature recognizes that the State also has the lowest amount of affordable housing in the nation, resulting in thousands of families, many of whom are already facing eviction, being unable to find alternative housing. The legislature further recognizes that evictions increase homelessness, unemployment, crime, and mental and physical illness. Further, children who experience an eviction often show signs of slower academic progress and other developmental impairments. Additionally, each eviction results in significant financial and social costs to the evicted household and the surrounding community. The legislature believes that eviction procedures must carefully balance the landlord's need for sufficient enforcement against the tenant's need for sufficient protection. The legislature further finds that without adequate safeguards, tenants may become targets for abuse during these eviction proceedings. Currently, the residential landlord-tenant code makes it difficult for tenants to defend themselves against wrongful evictions. While the code clearly outlines landlords' responsibilities, it fails to provide tenants with suitable methods of recourse and ways to hold landlords accountable in various situations. The legislature acknowledges that landlords are prohibited from retaliating against tenants who request repairs to their respective homes or complain about health or safety code violations. However, although the residential landlord-tenant code guarantees compensation for other landlord offenses, it also places on the tenant the burden of proving entitlement to compensation for a landlord's retaliation. The result is often that tenants who have been retaliated against are not made whole, allowing landlords to continue these retaliatory practices. Accordingly, the purpose of this Act is to specify the amount of damages recoverable by a tenant who is subjected to an unlawful retaliatory eviction. SECTION 2. Section 521-74, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: "(c) 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] in an amount equal to two months' rent, and the cost of suit, including reasonable attorney's fees." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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