| 47 | | - | SECTION 1. The legislature finds that pet ownership can complicate a pet owner's search for housing. Pet owners may encounter barriers when trying to rent a home due to various factors, such as expensive pet deposits. The legislature recognizes that these housing difficulties can lead to some pet owners surrendering or rehoming their pet animals, which can have a detrimental impact on both the owner and the pet animal and can strain the resources of animal rescue organizations. A recent survey of households on Oahu found that thirty per cent of respondents were forced to surrender a pet in the past five years and that the lack of pet friendly housing was the number one reason cited for why the pet was surrendered. Accordingly, the purpose of this Act is to provide protections for pet owners and pet animals by: (1) Prohibiting landlords from charging additional monthly fees for the keeping of a pet animal, except in certain circumstances; and (2) Limiting the monetary amount that a landlord may charge for a pet deposit. SECTION 2. Section 521-21, Hawaii Revised Statutes, is amended to read as follows: "§521-21 Rent. (a) The landlord and tenant may agree to any consideration, not otherwise prohibited by law, as rent. In the absence of such agreement, and subject to section 521-71(e) in the case of holdover tenants, the tenant shall pay to the landlord the fair rental value for the dwelling unit. (b) Rents shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for one month or less, and for longer terms in equal monthly installments payable at the beginning of each month. When a rental agreement with a public assistance recipient requires that the rent be paid on or before the third day after the day on which the public assistance check is usually received, the tenant shall have the option of establishing a new due date by making a one-time payment to cover the period between the original due date and the newly established date. The new date shall not exceed by more than three days, excluding Saturdays, Sundays, and holidays, the date on which checks are mailed. The one-time payment shall be established by dividing the monthly rental by thirty and multiplying the result by the number of days between the original and the new due dates. (c) Except as otherwise provided in subsection (b), rent shall be uniformly apportionable from day to day. (d) When the tenancy is from month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given forty-five consecutive days prior to the effective date of the increase. (e) When the tenancy is less than month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given fifteen consecutive days prior to the effective date of the increase. (f) Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due. (g) Landlords shall not charge any additional monthly fees associated with keeping a pet animal; provided that a landlord of a multi-dwelling unit with dedicated common areas for pet animals may charge an additional rent of no more than 0.5 per cent of the tenant's gross rent; provided further that this amount shall be utilized exclusively to provide maintenance to common areas dedicated for pet animals." SECTION 3. Section 521-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month's rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; provided that the additional security deposit amount for a pet animal under this subsection: (1) Shall not be required: (A) From any tenant who does not have a pet animal that resides in the premises; or (B) For an assistance animal that is a reasonable accommodation for a tenant with a disability pursuant to section 515-3; and (2) Shall be in an amount not in excess of a sum equal to one third of one month's rent. The landlord may not require or receive from or on behalf of a tenant at the beginning of a rental agreement any money other than the money for the first month's rent and a security deposit as provided in this section. No part of the security deposit shall be construed as payment of the last month's rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days' notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the right to pursue legal remedies against the tenant for any damages the tenant causes. Any such security deposit shall be held by the landlord for the tenant and the claim of the tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy, even if the security deposits are commingled." SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000, and shall apply to all rental agreements entered into or renewed on or after the effective date of this Act. |
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| 47 | + | SECTION 1. The legislature finds that pet ownership can complicate a pet owner's search for housing. Pet owners may encounter barriers when trying to buy or rent a home due to various factors, such as difficulties obtaining homeowners insurance, breed restrictions in insurance policies, and expensive pet deposits. The legislature recognizes that these housing difficulties can lead to some pet owners surrendering or rehoming their pet animals, which can have a detrimental impact on both the owner and the pet animal and can strain the resources of animal rescue organizations. A recent survey of households on Oahu found that thirty per cent of respondents were forced to surrender a pet in the past five years and that the lack of pet friendly housing was the number one reason cited for why the pet was surrendered. Accordingly, the purpose of this Act is to provide protections for pet owners and pet animals by: (1) Prohibiting insurers from refusing to issue or renew, canceling, restricting, otherwise terminating, or charging higher rates for a commercial general liability insurance policy, homeowners insurance policy, renters insurance policy, or dwelling fire policy based on the breed of any dog that is kept on the insured premises; (2) Prohibiting landlords from charging additional monthly fees for the keeping of a pet animal, except in certain circumstances; and (3) Limiting the monetary amount that a landlord may charge for a pet deposit. SECTION 2. Chapter 431, Hawaii Revised Statutes, is amended by adding a new part to article 10 to be appropriately designated and to read as follows: "Part . MISCELLANEOUS PROVISIONS §431:10- Breed restrictions; prohibited. (a) No insurer shall deny or refuse to accept an application for insurance, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a commercial general liability insurance policy or charge a different rate for the same coverage, on the basis of the breed of any dog that is kept on the insured premises. (b) Notwithstanding subsection (a), an insurer may refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a commercial general liability insurance policy or charge a different rate for the same coverage, if a dog being kept on the insured premises has been declared a vicious or dangerous dog by a county law enforcement agency." SECTION 3. Chapter 431, Hawaii Revised Statutes, is amended by adding a new part to article 10E to be appropriately designated and to read as follows: "Part . MISCELLANEOUS PROVISIONS §431:10E- Breed restrictions; prohibited. (a) No insurer shall deny or refuse to accept an application for insurance, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a homeowners insurance policy, renters insurance policy, or dwelling fire policy, or charge a different rate for the same coverage, on the basis of the breed of any dog that is kept on the insured premises. (b) Notwithstanding subsection (a), an insurer may refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a homeowners insurance policy, renters insurance policy, or dwelling fire policy, or charge a different rate for the same coverage, if a dog being kept on the insured premises has been declared a vicious or dangerous dog by a county law enforcement agency." SECTION 4. Section 521-21, Hawaii Revised Statutes, is amended to read as follows: "§521-21 Rent. (a) The landlord and tenant may agree to any consideration, not otherwise prohibited by law, as rent. In the absence of such agreement, and subject to section 521-71(e) in the case of holdover tenants, the tenant shall pay to the landlord the fair rental value for the dwelling unit. (b) Rents shall be payable at the time and place agreed to by the parties. Unless otherwise agreed, the entire rent shall be payable at the beginning of any term for one month or less, and for longer terms in equal monthly installments payable at the beginning of each month. When a rental agreement with a public assistance recipient requires that the rent be paid on or before the third day after the day on which the public assistance check is usually received, the tenant shall have the option of establishing a new due date by making a one-time payment to cover the period between the original due date and the newly established date. The new date shall not exceed by more than three days, excluding Saturdays, Sundays, and holidays, the date on which checks are mailed. The one-time payment shall be established by dividing the monthly rental by thirty and multiplying the result by the number of days between the original and the new due dates. (c) Except as otherwise provided in subsection (b), rent shall be uniformly apportionable from day to day. (d) When the tenancy is from month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given forty-five consecutive days prior to the effective date of the increase. (e) When the tenancy is less than month to month, the amount of rent for such tenancy shall not be increased by the landlord without written notice given fifteen consecutive days prior to the effective date of the increase. (f) Where the rental agreement provides for a late charge payable to the landlord for rent not paid when due, the late charge shall not exceed eight per cent of the amount of rent due. (g) Landlords shall not charge any additional monthly fees associated with keeping a pet animal; provided that a landlord of a multi-dwelling unit with dedicated common areas for pet animals may charge an additional rent of no more than 0.5 per cent of the tenant's gross rent; provided further that this amount shall be utilized exclusively to provide maintenance to common areas dedicated for pet animals." SECTION 5. Section 521-44, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The landlord may require, as a condition of a rental agreement, a security deposit to be paid by or for the tenant for the items in subsection (a) and no others in an amount not in excess of a sum equal to one month's rent, plus an amount agreed upon by the landlord and tenant to compensate the landlord for any damages caused by any pet animal allowed to reside in the premises pursuant to the rental agreement; provided that the additional security deposit amount for a pet animal under this subsection: (1) Shall not be required: (A) From any tenant who does not have a pet animal that resides in the premises; or (B) For an assistance animal that is a reasonable accommodation for a tenant with a disability pursuant to section 515-3; and (2) Shall be in an amount not in excess of a sum equal to one third of one month's rent. The landlord may not require or receive from or on behalf of a tenant at the beginning of a rental agreement any money other than the money for the first month's rent and a security deposit as provided in this section. No part of the security deposit shall be construed as payment of the last month's rent by the tenant, unless mutually agreed upon, in writing, by the landlord and tenant if the tenant gives forty-five days' notice of vacating the premises; in entering such agreement, the landlord shall not be deemed to have waived the right to pursue legal remedies against the tenant for any damages the tenant causes. Any such security deposit shall be held by the landlord for the tenant and the claim of the tenant to the security deposit shall be prior to the claim of any creditor of the landlord, including a trustee in bankruptcy, even if the security deposits are commingled." SECTION 6. New statutory material is underscored. SECTION 7. This Act shall take effect upon its approval and shall apply to: (1) All commercial general liability insurance policies, homeowners insurance policies, renters insurance policies, and dwelling fire policies offered, delivered, issued, or renewed on or after the effective date of this Act; and (2) All rental agreements entered into or renewed on or after the effective date of this Act. INTRODUCED BY: _____________________________ |
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