Hawaii 2025 Regular Session

Hawaii Senate Bill SB306 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 306 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT RELATING TO THE LANDLORD-TENANT CODE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 306
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	306
12	12
13	13	THIRTY-THIRD LEGISLATURE, 2025
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO THE LANDLORD-TENANT CODE.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the State has one of the highest percentages of renter households in the nation, with approximately forty-three per cent of households consisting of renters. The legislature recognizes that the State also has the least amount of affordable housing in the nation, resulting in thousands of families in Hawaiʻi, 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. Moreover, children who experience the trauma of 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 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 notes that leases, like other contracts, are reciprocal. The Hawaii Supreme Court has held that landlords cannot require a tenant to pay rent if the tenant does not receive the basic services to which they are entitled. While many states have passed laws specifying that tenants cannot be forced to pay rent for uninhabitable premises, the legislature has failed to formally recognize this principle, resulting in a lack of enforcement and numerous unjust and illegitimate evictions. 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: (1) Prohibit a landlord from recovering possession of a dwelling unit from a tenant if the habitability of the premises is significantly impaired; (2) Cap a tenant's liability for rent if the habitability of the premises is significantly impaired; and (3) Provide remedies for unlawful retaliatory evictions. SECTION 2. Section 521-42, Hawaii Revised Statutes, is amended to read as follows: "§521-42 Landlord to supply and maintain fit premises. (a) The landlord shall at all times during the tenancy: (1) Comply with all applicable building and housing laws materially affecting health and safety; (2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition; (3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition; (4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear; (5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of [such] waste materials; and (6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant. [Prior to] Before the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make [such an] the inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy, shall be rebuttably presumed to be the same as when the tenant first occupied the premises. (b) The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, and minor remodeling only if: (1) The agreement of the landlord and tenant is entered into in good faith and is not for the purpose of evading the obligations of the landlord; (2) The work to be performed by the tenant is not necessary to cure noncompliance by the landlord with [section 521-42(a)(1);] subsection (a)(1); and (3) The agreement of the landlord and tenant does not diminish the obligations of the landlord to other tenants. (c) If a landlord's failure to materially comply with subsection (a) results in a significant impairment to the habitability of the premises: (1) 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 be removed from the dwelling unit involuntarily; provided that: (A) The tenant continues to pay rent equal to the fair rental value of the premises or the agreed upon rent, whichever is less; and (B) The landlord's ability to recover possession of the unit is restored upon: (i) Termination of the rental agreement in accordance with law or terms of the agreement; or (ii) Restoration of the premises to a habitable condition, whichever comes first; and (2) The tenant's liability for rent, from the date of significant impairment, shall not exceed the fair rental value of the premises." SECTION 3. 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 not less than two months' rent, and the cost of suit, including reasonable attorney's fees." SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that the State has one of the highest percentages of renter households in the nation, with approximately forty-three per cent of households consisting of renters. The legislature recognizes that the State also has the least amount of affordable housing in the nation, resulting in thousands of families in Hawaiʻi, 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. Moreover, children who experience the trauma of 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.
50	50
51	51	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 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.
52	52
53	53	The legislature notes that leases, like other contracts, are reciprocal. The Hawaii Supreme Court has held that landlords cannot require a tenant to pay rent if the tenant does not receive the basic services to which they are entitled. While many states have passed laws specifying that tenants cannot be forced to pay rent for uninhabitable premises, the legislature has failed to formally recognize this principle, resulting in a lack of enforcement and numerous unjust and illegitimate evictions.
54	54
55	55	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.
56	56
57	57	Accordingly, the purpose of this Act is to:
58	58
59	59	(1) Prohibit a landlord from recovering possession of a dwelling unit from a tenant if the habitability of the premises is significantly impaired;
60	60
61	61	(2) Cap a tenant's liability for rent if the habitability of the premises is significantly impaired; and
62	62
63	63	(3) Provide remedies for unlawful retaliatory evictions.
64	64
65	65	SECTION 2. Section 521-42, Hawaii Revised Statutes, is amended to read as follows:
66	66
67	67	"§521-42 Landlord to supply and maintain fit premises. (a) The landlord shall at all times during the tenancy:
68	68
69	69	(1) Comply with all applicable building and housing laws materially affecting health and safety;
70	70
71	71	(2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition;
72	72
73	73	(3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition;
74	74
75	75	(4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear;
76	76
77	77	(5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of [such] waste materials; and
78	78
79	79	(6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.
80	80
81	81	[Prior to] Before the initial date of initial occupancy, the landlord shall inventory the premises and make a written record detailing the condition of the premises and any furnishings or appliances provided. Duplicate copies of this inventory shall be signed by the landlord and by the tenant and a copy given to each tenant. In an action arising under this section, the executed copy of the inventory shall be presumed to be correct. If the landlord fails to make [such an] the inventory and written record, the condition of the premises and any furnishings or appliances provided, upon the termination of the tenancy, shall be rebuttably presumed to be the same as when the tenant first occupied the premises.
82	82
83	83	(b) The landlord and tenant may agree that the tenant is to perform specified repairs, maintenance tasks, and minor remodeling only if:
84	84
85	85	(1) The agreement of the landlord and tenant is entered into in good faith and is not for the purpose of evading the obligations of the landlord;
86	86
87	87	(2) The work to be performed by the tenant is not necessary to cure noncompliance by the landlord with [section 521-42(a)(1);] subsection (a)(1); and
88	88
89	89	(3) The agreement of the landlord and tenant does not diminish the obligations of the landlord to other tenants.
90	90
91	91	(c) If a landlord's failure to materially comply with subsection (a) results in a significant impairment to the habitability of the premises:
92	92
93	93	(1) 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 be removed from the dwelling unit involuntarily; provided that:
94	94
95	95	(A) The tenant continues to pay rent equal to the fair rental value of the premises or the agreed upon rent, whichever is less; and
96	96
97	97	(B) The landlord's ability to recover possession of the unit is restored upon:
98	98
99	99	(i) Termination of the rental agreement in accordance with law or terms of the agreement; or
100	100
101	101	(ii) Restoration of the premises to a habitable condition,
102	102
103	103	whichever comes first; and
104	104
105	105	(2) The tenant's liability for rent, from the date of significant impairment, shall not exceed the fair rental value of the premises."
106	106
107	107	SECTION 3. Section 521-74, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
108	108
109	109	"(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 not less than two months' rent, and the cost of suit, including reasonable attorney's fees."
110	110
111	111	SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
112	112
113	113	SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
114	114
115	115	SECTION 6. This Act shall take effect upon its approval.
116	116
117	117
118	118
119	119	INTRODUCED BY: _____________________________
120	120
121	121	INTRODUCED BY:
122	122
123	123	_____________________________
124	124
125	125
126	126
127	127
128	128
129	129	Report Title: Landlord-Tenant Code; Habitability; Retaliatory Evictions Description: Prohibits a landlord from recovering possession of a dwelling unit from a tenant if the habitability of the premises is significantly impaired. Caps a tenant's liability for rent if the habitability of the premises is significantly impaired. Provides remedies for retaliatory evictions. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
130	130
131	131
132	132
133	133
134	134
135	135
136	136
137	137	Report Title:
138	138
139	139	Landlord-Tenant Code; Habitability; Retaliatory Evictions
140	140
141	141
142	142
143	143	Description:
144	144
145	145	Prohibits a landlord from recovering possession of a dwelling unit from a tenant if the habitability of the premises is significantly impaired. Caps a tenant's liability for rent if the habitability of the premises is significantly impaired. Provides remedies for retaliatory evictions.
146	146
147	147
148	148
149	149
150	150
151	151
152	152
153	153	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.