HB 2197: Real Property; Dwellings; Squatters; Criminal Trespass; Removal; Hawaii Penal Code

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

     SECTION 1.  The legislature finds that the fundamental rights of owning property include the right of property owners to exclude others from entering or remaining unlawfully on their properties.  The legislature further finds that squatting, or the unauthorized entry into or remaining in a dwelling, is a violation of the rights of property owners and is against the public interest.  Squatters often make dwellings unhabitable by causing property damage, or deny potentially responsible tenants the opportunity to move into the dwellings.  The legislature believes that decisive action is necessary to deter this behavior.

     Accordingly, the purpose of this Act is to protect residential property rights by:

     (1)  Specifying a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings;

     (2)  Establishing the criminal offenses of squatting and fraudulent sale or lease of residential real property;

     (3)  Classifying the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree; and

     (4)  Classifying the falsification of documentation typically performed by squatters as a form of unsworn falsification to authorities.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 28 be appropriately designated and to read as follows:

"Chapter

REMOVAL OF UNAUTHORIZED INDIVIDUALS FROM DWELLINGS

     §   -1  Definitions.  For the purposes of this chapter, unless the context otherwise requires:

     "Agent" means the representative of an owner.

     "Dwelling" has the same meaning as in section 708‑800.

     "Holdover tenant" means a tenant who has remained in a dwelling after the termination of a rental agreement, as described in section 521-71(e).

     "Immediate family member" shall have the same meaning as in section 454F-1.

     "Owner" means the owner of a dwelling.

     "Rental agreement" has the same meaning as in section 521‑8.

     "Tenant" has the same meaning as in section 521-8.

     "Unauthorized individual" means any individual who has entered and is occupying a dwelling without the authorization of the owner or agent.  "Unauthorized individual" does not include any tenant or holdover tenant of the dwelling, or any immediate family member of the owner.

     §   -2  Removal of an unauthorized individual from a dwelling.  (a)  The owner of a dwelling, or the owner's agent, may request that an unauthorized individual be removed from the dwelling pursuant to this section if the owner or agent first posts at the dwelling a notice to vacate.  The notice shall:

     (1)  Inform the unauthorized individual that the individual has no right to the dwelling and must vacate immediately; and

     (2)  Include the street address of the law enforcement agency from which the owner or agent will seek assistance to remove the unauthorized individual from the property.

     (b)  If the unauthorized individual fails to vacate the property within twenty-four hours of the posting of the notice, the owner or agent may request that the unauthorized individual be removed from the dwelling by submitting a sworn or affirmed affidavit to a law enforcement agency in the county where the dwelling is located.  The affidavit shall confirm that:

     (1)  The affiant is the owner of the dwelling or the owner's agent;

     (2)  An unauthorized individual has entered into and is remaining in the dwelling unlawfully;

     (3)  The unauthorized individual is not a tenant, a holdover tenant, or an immediate family member of the owner;

     (4)  A notice has been posted at the dwelling pursuant to subsection (a), and the unauthorized individual failed to vacate the dwelling within twenty-four hours of the posting of the notice; and

     (5)  There is no pending litigation related to the dwelling between the owner and the unauthorized individual.

     (c)  The recitals in the affidavit required under subsection (b) may, but need not, be substantially in the following form:

    "(1)  I am the owner, or an agent of the owner, of the real property located at ______________;

     (2)  The real property is a dwelling;

     (3)  An unauthorized individual has unlawfully entered and currently occupies the dwelling;

     (4)  The unauthorized individual is not a tenant, a holdover tenant, or an immediate family member of the owner, and any rental agreement that may be produced by the unauthorized individual is fraudulent;

     (5)  The unauthorized individual does not have an ownership interest in the property and is not listed on the title to the property, unless the individual has engaged in title fraud;

     (6)  There is no litigation related to the dwelling pending between the owner, or the owner's agent, and any unauthorized individual;

     (7)  Notice was posted at the dwelling, and evidence of the notice, including the date and time of delivery, is attached;

     (8)  I understand that an individual wrongfully removed from the property pursuant to this affidavit may bring a cause of action against me for any false statements made in the affidavit, or for the wrongful use of this procedure, and that, as a result of the action, I may be held liable for actual damages, penalties, costs, and reasonable attorney fees;

     (9)  I am requesting a law enforcement officer to remove the unauthorized individual from the dwelling as soon as possible;

    (10)  A copy of my valid government-issued identification is attached, or I am an agent of the owner, and documents evidencing my authority to act on the owner's behalf are attached; and

    (11)  This affidavit constitutes a material statement of law and is signed under penalty of perjury, pursuant to section 710-1060, Hawaii Revised Statutes."

     (d)  A copy of the notice required pursuant to subsection (a), including the date and time of the posting, shall be attached to the affidavit.

     (e)  Upon receipt of the affidavit required by subsection (b) and a copy of the notice required by subsection (d), the law enforcement agency shall verify that the affiant is the record owner of the dwelling, or an agent of the owner, and appears to be otherwise entitled to relief.  Upon verification and after at least twenty-four hours from receipt of the affidavit, the law enforcement agency shall serve on the unauthorized individual a notice to immediately vacate.  Service may be accomplished by hand delivery of the notice to any unauthorized individual occupying the dwelling or by posting notice on the front door or entrance of the dwelling.  Law enforcement officers shall also attempt to verify the identities of all individuals occupying the dwelling and note the identities on the return of service.  If appropriate, a law enforcement officer may arrest an unauthorized individual found in the dwelling for trespass, burglary, theft, or any other criminal act, or for any outstanding warrant.

     (f)  An affiant who knowingly provides a false affidavit to law enforcement pursuant to this chapter may be prosecuted for perjury under section 710-1060.

     §   -3 Personal property of unauthorized individuals.  (a)  Any personal property remaining in a dwelling after the removal of an unauthorized individual from the dwelling pursuant to this chapter shall be deemed abandoned.

     (b)  The owner of the dwelling, or an agent of the owner, may dispose of the abandoned personal property in any manner without notice to the unauthorized individual and shall not be held liable.

     §   -4  Protections; law enforcement; governmental entities.  (a)  No law enforcement officer, governmental entity, or political subdivision of the State shall be held liable for any action or omission made in good faith pursuant to this chapter.

     (b)  No law enforcement officer shall be liable to an unauthorized individual or any other party for the loss of, destruction of, or damage to property during the officer's good faith execution of the duties and powers authorized by this chapter.

     §   -5  Wrongful removal actions.  (a)  An individual may bring a civil cause of action against an affiant for wrongful removal under this chapter.

     (b)  An individual harmed by a wrongful removal under this chapter may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well as punitive damages of triple the fair market rent for the dwelling, plus court costs and reasonable attorney's fees.

     §   -6  No limitations on owners; agents; law enforcement.  This chapter shall not be construed to limit:

     (1)  The rights of an owner or agent to other remedies provided by law; or

     (2)  The authority of any law enforcement officer to arrest the unlawful occupant of a property for trespassing, burglary, theft, or other crimes.

     §   -7  Fee.  A law enforcement agency may charge a fee of no more than $           to process an affidavit filed pursuant to section    -2."

     SECTION 3.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

     "§708-     Squatting.  (1)  A person commits the offense of squatting if the person knowingly enters or remains unlawfully in a dwelling that is unoccupied, or that is occupied only by other persons whom the person knows, or reasonably should know, are unlawfully occupying the dwelling, with the intent to establish the dwelling as the person's residence or place of habitation, as evidenced by one or more of the following:

     (a)  Remaining in the dwelling after receipt of written notice to vacate from the owner, the owner's agent, or a law enforcement officer;

     (b)  Sleeping in the dwelling or storing personal belongings there;

     (c)  Changing or attempting to change locks or access controls;

     (d)  Representing to another person that the dwelling is the person's residence; or

     (e)  Creating, altering, or presenting documents the person knows to be false or fraudulent for the purpose of establishing a claimed right to occupy the dwelling.

     (2)  Squatting shall be a class C felony.

     §708-     Fraudulent sale or lease of residential real property.  (1)  A person commits the offense of fraudulent sale or lease of residential real property if the person intentionally:

     (a)  Lists or advertises residential real property for sale knowing that the person or purported seller has no legal title or authority to sell the property; or

     (b)  Rents or leases residential real property to another person knowing that the person or purported lessor has no legal ownership or other authority to lease the property.

     (2)  Fraudulent sale or lease of residential real property shall be a class C felony."

     SECTION 4.  Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (4) to read as follows:

     "(4)  Criminal trespass in the first degree is a misdemeanor[.]; provided that a person who violates subsection (1)(a)(i) shall be guilty of a class C felony."

     SECTION 5.  Section 708-821, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of criminal property damage in the second degree if, by means other than fire:

     (a)  The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means;

     (b)  The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500; [or]

     (c)  The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500.  In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production[.]; or

     (d)  The person intentionally or knowingly damages the dwelling of another without the other's consent."

     SECTION 6.  Section 710-1063, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of the public servant's duty, the person:

     (a)  Makes any statement, in written, printed, or electronic form, [which] that the person does not believe to be true, in an application for any pecuniary or other benefit or in a record or report required by law to be submitted to any governmental agency;

     (b)  Knowingly makes a false statement in written, printed, electronic, or oral form, to a state investigator or a county inspector during an investigation into compliance with any state law, rule, or regulation or any county ordinance, rule, or regulation;

     (c)  Submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, [which] that the person knows to be falsely made, completed, or altered; [or]

     (d)  Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object the person knows to be false[.]; or

     (e)  Knowingly presents to any law enforcement officer or government official, with the intent to remain upon real property, a false document purporting to be a rental agreement, deed, or other instrument conveying or providing a right to, or interest in, the real property.

          For the purposes of this paragraph, "rental agreement" has the same meaning as in section 521-8."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 3000.

Report Title:

Real Property; Dwellings; Squatters; Criminal Trespass; Removal; Hawaii Penal Code

Description:

Specifies a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings.  Establishes the criminal offenses of squatting and fraudulent sale or lease of residential real property.  Makes the offense of criminal trespass in the first degree for a person who knowingly enters or remains unlawfully in a dwelling or in or upon the premises of a hotel or apartment building a class C felony, rather than a misdemeanor.  Classifies the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree.  Classifies the falsification of documentation typically performed by squatters as a form of unsworn falsification to authorities.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

     SECTION 1.  The legislature finds that the fundamental rights of owning property include the right of property owners to exclude others from entering or remaining unlawfully on their properties.  The legislature further finds that squatting, or the unauthorized entry into or remaining in a dwelling, is a violation of the rights of property owners and is against the public interest.  Squatters often make dwellings unhabitable by causing property damage, or deny potentially responsible tenants the opportunity to move into the dwellings.  The legislature believes that decisive action is necessary to deter this behavior.

     Accordingly, the purpose of this Act is to protect residential property rights by:

     (1)  Specifying a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings;

     (2)  Establishing the criminal offenses of squatting and fraudulent sale or lease of residential real property;

     (3)  Classifying the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree; and

     (4)  Classifying the falsification of documentation typically performed by squatters as a form of unsworn falsification to authorities.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 28 be appropriately designated and to read as follows:

"Chapter

REMOVAL OF UNAUTHORIZED INDIVIDUALS FROM DWELLINGS

     §   -1  Definitions.  For the purposes of this chapter, unless the context otherwise requires:

     "Agent" means the representative of an owner.

     "Dwelling" shall have the same meaning as in section 708‑800.

     "Holdover tenant" means a tenant who has remained in a dwelling after the termination of a rental agreement, as described in section 521-71(e).

     "Immediate family member" shall have the same meaning as in section 454F-1.

     "Owner" means the owner of a dwelling.

     "Tenant" shall have the same meaning as in section 521-8.

     "Unauthorized individual" means any individual who has entered and is occupying a dwelling without the authorization of the owner or agent.

     "Unauthorized individual" does not include any tenant or holdover tenant of the dwelling, or any immediate family member of the owner.

     §   -2  Removal of an unauthorized individual from a dwelling.  (a)  The owner of a dwelling, or owner's agent, may request that an unauthorized individual be removed from the dwelling pursuant to this section if the owner or agent first posts at the dwelling a notice to vacate.  The notice shall:

     (1)  Inform the unauthorized individual that the individual has no right to the dwelling and must vacate immediately; and

     (2)  Include the street address of the law enforcement agency from which the owner or agent will seek assistance to remove the unauthorized individual from the property.

     (b)  If the unauthorized individual fails to vacate the property within twenty-four hours of the posting of the notice, the owner or agent may request that the unauthorized individual be removed from the dwelling by submitting a sworn or affirmed affidavit to a law enforcement agency in the county where the dwelling is located.  The affidavit shall confirm that:

     (1)  The affiant is the owner of the dwelling or owner's agent;

     (2)  An unauthorized individual has entered into and is remaining in the dwelling unlawfully;

     (3)  The unauthorized individual is not a tenant, holdover tenant, or an immediate family member of the owner;

     (4)  A notice has been posted at the dwelling pursuant to subsection (a), and the unauthorized individual failed to vacate the dwelling within twenty-four hours of the posting of the notice; and

     (5)  There is no pending litigation related to the dwelling between the owner and the unauthorized individual.

     (c)  The recitals in the affidavit required under subsection (b) may, but need not, be substantially in the following form:

    "(1)  I am the owner, or an agent of the owner, of the real property located at ______________;

     (2)  The real property is a dwelling;

     (3)  An unauthorized individual has unlawfully entered and currently occupies the dwelling;

     (4)  The unauthorized individual is not a tenant, holdover tenant, or an immediate family member of the owner, and any lease that may be produced by the unauthorized individual is fraudulent;

     (5)  The unauthorized individual does not have an ownership interest in the property and is not listed on the title to the property, unless the individual has engaged in title fraud;

     (6)  There is no litigation related to the dwelling pending between the owner, or the owner's agent, and any unauthorized individual;

     (7)  Notice was posted at the dwelling, and evidence of the notice, including the date and time of delivery, is attached;

     (8)  I understand that an individual wrongfully removed from the property pursuant to this affidavit may bring a cause of action against me for any false statements made in the affidavit, or for the wrongful use of this procedure, and that, as a result of the action, I may be held liable for actual damages, penalties, costs, and reasonable attorney fees;

     (9)  I am requesting a law enforcement officer to remove the unauthorized individual from the dwelling as soon as possible;

    (10)  A copy of my valid government-issued identification is attached, or I am an agent of the owner, and documents evidencing my authority to act on the owner's behalf are attached; and

    (11)  This affidavit is signed under penalty of perjury."

     (d)  A copy of the notice required pursuant to subsection (a), including the date and time of the posting, shall be attached to the affidavit.

     (e)  Upon receipt of the affidavit required by subsection (b) and a copy of the notice required by subsection (d), the law enforcement agency shall verify that the affiant is the record owner of the dwelling, or an agent of the owner, and appears to be otherwise entitled to relief.  Upon verification and after at least twenty-four hours from receipt of the affidavit, the law enforcement agency shall serve on the unauthorized individual a notice to immediately vacate.  Service may be accomplished by hand delivery of the notice to any unauthorized individual occupying the dwelling or by posting notice on the front door or entrance of the dwelling.  Law enforcement officers shall also attempt to verify the identities of all individuals occupying the dwelling and note the identities on the return of service.  If appropriate, a law enforcement officer may arrest an unauthorized individual found in the dwelling for trespass, burglary, theft, or any other criminal act, or for any outstanding warrant.

     (f)  An affiant who knowingly provides a false affidavit to law enforcement pursuant to this chapter may be prosecuted for perjury under section 710-1060.

     §   -3  Protections; law enforcement; governmental entities.  (a)  No law enforcement officer, governmental entity, or political subdivision of the State shall be held liable for any action or omission made in good faith pursuant to this chapter.

     (b)  No law enforcement officer shall be liable to an unauthorized individual or any other party for the loss, destruction, or damaging of property during the officer's good faith execution of the duties and powers authorized by this section.

     §   -4  Wrongful removal actions.  (a)  An individual may bring a civil cause of action against an affiant for wrongful removal under this chapter.

     (b)  An individual harmed by a wrongful removal under this chapter may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well as punitive damages of triple the fair market rent for the dwelling, plus court costs and reasonable attorney fees.

     §   -5  No limitations on owners; agents; law enforcement.  This chapter shall not be construed to limit:

     (1)  The rights of an owner or agent to other remedies provided by law; or

     (2)  The authority of any law enforcement officer to arrest the unlawful occupant of a property for trespassing, theft, burglary, or other crimes.

     §   -6  Fee.  A law enforcement agency may charge a fee of no more than $           to process an affidavit filed pursuant to section    -2."

     SECTION 3.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

     "§708-     Squatting.  (1)  A person commits the offense of squatting if the person intentionally or knowingly enters unlawfully into a dwelling that is:

     (a)  Otherwise unoccupied; or

     (b)  Otherwise occupied by other persons whom the person knows, or should know, are unlawfully occupying the dwelling.

     (2)  Squatting is a class C felony.

     §708-     Fraudulent sale or lease of residential real property.  (1)  A person commits the offense of fraudulent sale or lease of residential real property if the person intentionally:

     (a)  Lists or advertises residential real property for sale knowing that that the person or purported seller has no legal title or authority to sell the property; or

     (b)  Rents or leases residential real property to another person knowing that the person or purported lessor has no legal ownership or other authority to lease the property.

     (2)  Fraudulent sale or lease of residential real property is a class C felony."

     SECTION 4.  Section 708-821, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of criminal property damage in the second degree if, by means other than fire:

     (a)  The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means;

     (b)  The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500; [or]

     (c)  The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500.  In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production[.]; or

     (d)  The person knowingly enters or remains unlawfully in a dwelling and intentionally or knowingly damages the dwelling, in an amount exceeding $          ."

     SECTION 5.  Section 710-1063, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of the public servant's duty, the person:

     (a)  Makes any statement, in written, printed, or electronic form, which the person does not believe to be true, in an application for any pecuniary or other benefit or in a record or report required by law to be submitted to any governmental agency;

     (b)  Knowingly makes a false statement in written, printed, electronic, or oral form, to a state investigator or a county inspector during an investigation into compliance with any state law, rule, or regulation or any county ordinance, rule, or regulation;

     (c)  Submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, which the person knows to be falsely made, completed, or altered; [or]

     (d)  Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object the person knows to be false[.]; or

     (e)  Knowingly presents to any law enforcement officer or government official with the intent to remain upon real property a false document purporting to be a lease agreement, deed, or other instrument conveying or providing a right to, or in, the real property."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect on July 1, 3000.

Report Title:

Real Property; Dwellings; Squatters; Removal; Hawaii Penal Code

Description:

Specifies a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings.  Establishes the criminal offenses of squatting and fraudulent sale or lease of residential real property.  Classifies the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree.  Classifies the falsification of documentation typically performed by squatters as a form of unsworn falsification to authorities.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

     SECTION 1.  The legislature finds that the fundamental rights of owning property include the right of property owners to exclude others from entering or remaining unlawfully on their properties.  The legislature further finds that squatting, or the unauthorized entry into or remaining in a dwelling, is a violation of the rights of property owners and is against the public interest.  Squatters often make dwellings unhabitable by causing property damage, or deny potentially responsible tenants the opportunity to move into the dwellings.  The legislature believes that decisive action is necessary to deter this behavior.

     Accordingly, the purpose of this Act is to protect residential property rights by:

     (1)  Specifying a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings;

     (2)  Establishing the criminal offenses of:

          (A)  Squatting; and

          (B)  Fraudulent sale or lease of residential real property;

     (3)  Classifying the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree; and

     (4)  Classifying the falsification of documentation typically performed by squatters as a form of unsworn falsification to authorities.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to title 28 be appropriately designated and to read as follows:

"Chapter

REMOVAL OF UNAUTHORIZED INDIVIDUALS FROM DWELLINGS

     "§   -1  Definitions.  For the purposes of this chapter, unless the context otherwise requires:

     "Agent" means the representative of an owner.

     "Dwelling" shall have the same meaning as in section 708‑800.

     "Holdover tenant" means a tenant who has remained in a dwelling after the termination of a rental agreement, as described in section 521-71(e).

     "Immediate family member" shall have the same meaning as in section 454F-1.

     "Owner" means the owner of a dwelling.

     "Tenant" shall have the same meaning as in section 521-8.

     "Unauthorized individual" means any individual who has entered and is occupying a dwelling without the authorization of the owner or an agent of the owner.

     "Unauthorized individual" does not include any tenant or holdover tenant of the dwelling, or any immediate family member of the owner.

     §   -2  Removal of an unauthorized individual from a dwelling.  (a)  The owner of a dwelling, or an agent of the owner, may request that an unauthorized individual be removed from the dwelling pursuant to this section if the owner or agent first posts at the dwelling a notice to vacate.  The notice shall:

     (1)  Inform the unauthorized individual that the individual has no right to the dwelling and must vacate immediately; and

     (2)  Include the street address of the law enforcement agency from which the owner or agent will seek assistance to remove the unauthorized individual from the property.

     (b)  If the unauthorized individual fails to vacate the property within twenty-four hours of the posting of the notice, the owner or agent may request that the unauthorized individual be removed from the dwelling by submitting a sworn or affirmed affidavit to a law enforcement agency in the county where the dwelling is located.  The affidavit shall confirm that:

     (1)  The affiant is the owner of the dwelling or an agent of the owner;

     (2)  An unauthorized individual has entered into and is remaining in the dwelling unlawfully;

     (3)  The unauthorized individual is not a tenant, holdover tenant, or an immediate family member of the owner;

     (4)  A notice has been posted at the dwelling pursuant to subsection (a), and the unauthorized individual failed to vacate the dwelling within twenty-four hours of the posting of the notice;

     (5)  There is no pending litigation related to the dwelling between the property owner and the unauthorized individual.

     (c)  The recitals in the affidavit required under subsection (b) may, but need not, be substantially in the following form:

    "(1)  I am the owner, or an agent of the owner, of the real property located at ______________;

     (2)  The real property is a dwelling;

     (3)  An unauthorized individual has unlawfully entered and currently occupies the dwelling;

     (4)  The unauthorized individual is not a tenant, holdover tenant, or an immediate family member of the owner, and any lease that may be produced by the unauthorized individual is fraudulent;

     (5)  The unauthorized individual does not have an ownership interest in the property and is not listed on the title to the property, unless the individual has engaged in title fraud;

     (6)  There is no litigation related to the dwelling pending between the owner, or his or her agent, and any unauthorized individual;

     (7)  Notice was posted at the dwelling, and evidence of the notice, including the date and time of delivery, is attached;

     (8)  I understand that an individual wrongfully removed from the property pursuant to this affidavit may bring a cause of action against me for any false statements made in the affidavit, or for the wrongful use of this procedure, and that, as a result of the action, I may be held liable for actual damages, penalties, costs, and reasonable attorney fees;

     (9)  I am requesting a law enforcement officer to remove the unauthorized individual from the dwelling as soon as possible;

    (10)  A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner's behalf are attached; and

    (11)  This affidavit is signed under penalty of perjury."

     (d)  A copy of the notice required pursuant to subsection (a), including the date and time of the posting, shall be attached to the affidavit.

     (e)  Upon receipt of the affidavit required by subsection (b) and a copy of the notice required by subsection (d), the law enforcement agency shall verify that the affiant is the record owner of the dwelling, or an agent of the owner, and appears to be otherwise entitled to relief.  Upon verification and after at least twenty-four hours from receipt of the affidavit, the law enforcement agency shall serve on the unauthorized individual a notice to immediately vacate.  Service may be accomplished by hand delivery of the notice to any unauthorized individual occupying the dwelling or by posting

notice on the front door or entrance of the dwelling.  Law enforcement officers shall also attempt to verify the identities of all individuals occupying the dwelling and note the identities on the return of service.  If appropriate, a law enforcement officer may arrest an unauthorized individual found in the dwelling for trespass, burglary, theft, or any other criminal act, or for any outstanding warrant.

     (f)  An affiant who knowingly provides a false affidavit to law enforcement pursuant to this chapter may be prosecuted for perjury under section 710-1060.

     §   -3  Protections; law enforcement; governmental entities.  (a)  No law enforcement officer, governmental entity, or political subdivision of the State shall be held liable for any action or omission made in good faith pursuant to this chapter.

     (b)  No law enforcement officer shall be liable to an unauthorized individual or any other party for the loss, destruction, or damaging of property during the officer's good faith execution of the duties and powers authorized by this section.

     §   -4  Wrongful removal actions.  (a)  An individual may bring a civil cause of action against an affiant for wrongful removal under this chapter.

     (b)  An individual harmed by a wrongful removal under this chapter may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well as punitive damages of triple the fair market rent for the dwelling, plus court costs and reasonable attorney fees.

     §   -5  No limitations on owners; agents; law enforcement.  This chapter shall not be construed to limit:

     (1)  The rights of an owner or agent to other remedies provided by law; or

     (2)  The authority of any law enforcement officer to arrest the unlawful occupant of a property for trespassing, theft, burglary, or other crimes.

     §   -6  Fee.  A law enforcement agency may charge a fee of not more than $     to process an affidavit filed pursuant to section    -2."

     SECTION 3.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

     "§708-     Squatting.  (1)  A person commits the offense of squatting if the person intentionally or knowingly enters unlawfully into a dwelling that is:

     (1)  Otherwise unoccupied; or

     (2)  Otherwise occupied by other persons whom the person knows, or should know, are unlawfully occupying the dwelling.

     (2)  Squatting is a class C felony.

     §708-     Fraudulent sale or lease of residential real property.  (1)  A person commits the offense of fraudulent sale or lease of residential real property if the person intentionally:

     (1)  Lists or advertises residential real property for sale knowing that that the person or purported seller has no legal title or authority to sell the property; or

     (2)  Rents or leases residential real property to another person knowing that the person or purported lessor has no legal ownership or other authority to lease the property."

     (2)  Fraudulent sale or lease of residential real property is a class C felony."

     SECTION 4.  Section 708-821, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of criminal property damage in the second degree if [by means other than fire]:

     (a)  The person intentionally or knowingly damages, by means other than fire, the property of another, without the other's consent, by the use of widely dangerous means;

     (b)  The person intentionally or knowingly damages, by means other than fire, the property of another, without the other's consent, in an amount exceeding $1,500; [or]

     (c)  The person intentionally or knowingly damages, by means other than fire, the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500.  In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production[.]; or

     (d)  The person knowingly enters or remains unlawfully in a dwelling and intentionally or knowingly damages, by means other than fire, the dwelling, in an amount exceeding $        ."

     SECTION 5.  Section 710-1063, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of the public servant's duty, the person:

     (a)  Makes any statement, in written, printed, or electronic form, which the person does not believe to be true, in an application for any pecuniary or other benefit or in a record or report required by law to be submitted to any governmental agency;

     (b)  Knowingly makes a false statement in written, printed, electronic, or oral form, to a state investigator or a county inspector during an investigation into compliance with any state law, rule, or regulation or any county ordinance, rule, or regulation;

     (c)  Submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, which the person knows to be falsely made, completed, or altered; [or]

     (d)  Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object the person knows to be false[.]; or

     (e)  Knowingly presents to any law enforcement officer or government official with the intent to remain upon real property a false document purporting to be a lease agreement, deed, or other instrument conveying or providing a right to, or in, the real property."

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

Report Title:

Real Property; Dwellings; Squatters; Removal; Hawaii Penal Code

Description:

Specifies a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings.  Establishes the criminal offenses of squatting and fraudulent sale or lease of residential real property.  Classifies the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree.  Classifies the falsification of documentation typically performed by squatters as a form of unsworn falsification to authorities.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1123-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2197

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2197, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Specify a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings;

     (2)  Establish the criminal offenses of squatting and fraudulent sale or lease of residential real property;

     (3)  Classify the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree; and

     (4)  Classify the falsification of documents as a from of unsworn falsification to authorities.

     Your Committee received testimony in support of this measure from the Hawaiʻi Association of REALTORS; Waikiki Neighborhood Board; Grassroots Institute of Hawaii; and three individuals. 

Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Department of the Attorney General and one individual.

     Your Committee finds that squatting has increasingly resulted in situations where unauthorized individuals unlawfully occupy dwellings, cause significant property damage, and create safety risks for owners and the surrounding communities.  Your Committee further finds that existing civil eviction processes are lengthy, costly, and ill-suited to situations involving individuals who have no legitimate tenancy and may present fraudulent documentation to avoid removal.  Your Committee believes that establishing a clear, expedited removal procedure and criminal penalties for related misconduct will better protect property rights and enhance public safety.

     Your Committee has amended this measure by:

     (1)  Defining the term "rental agreement";

     (2)  Replacing the reference to any "lease" produced by an unauthorized individual with "rental agreement" for purposes of:

          (A)  The recitals in an affidavit; and

          (B)  The offense of unsworn falsification to authorities;

     (3)  Specifying, for purposes of the recitals in an affidavit, that the affidavit constitutes a material statement of law and is signed under penalty of perjury;

     (4)  Specifying that any personal property of an unauthorized individual remaining in a dwelling after the removal of said individual is deemed abandoned and authorizing the owner of the dwelling to dispose of the personal property;

     (5)  Clarifying the offense of squatting;

     (6)  Making the offense of criminal trespass in the first degree for a person who knowingly enters or remains unlawfully in a dwelling or in or upon the premises of a hotel or apartment building a class C felony, rather than a misdemeanor;

     (7)  Clarifying that a person commits the offense of criminal property damage in the second degree if they intentionally or knowingly damage the dwelling of another without the other's consent; and

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2197, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2197, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  526-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2197

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 2197 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Specify a process by which property owners may utilize law enforcement officers to remove unauthorized individuals from dwellings;

     (2)  Establish the criminal offenses of squatting and fraudulent sale or lease of residential real property;

     (3)  Classify the type of property damage typically inflicted by squatters as a form of criminal property damage in the second degree; and

     (4)  Classify the falsification of documentation typically performed by squatters as a form of unsworn falsification to authorities.

     Your Committee received testimony in support of this measure from the Hawaiʻi Association of REALTORS; Collection Law Section of the Hawaii State Bar Association; Grassroot Institute of Hawaii; and Waikiki Neighborhood Board.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that unauthorized occupation of residential dwellings can create unsafe living conditions, disrupt family stability, and strain social service systems when property owners and affected residents seek emergency assistance.  Your Committee further finds that timely intervention is necessary to prevent further harm to homeowners and to connect individuals involved in such situations with appropriate services when needed.  This measure establishes a clear process for removing unauthorized occupants while preserving opportunities for safety assessments and access to support.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee notes that this measure contains an unspecified threshold amount for whether the damages from a person's intentional or knowing damage to a dwelling, while being unlawfully present in it, rises to being classified as criminal property damage in the second degree.  Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider an appropriate threshold amount.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2197, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2197, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,