HB709

HOUSE OF REPRESENTATIVES	H.B. NO.	709
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to trespassing.

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

SECTION 1. The legislature finds that unauthorized occupancy and trespassing on private and public properties create significant challenges for property owners, residents, and local communities. The legislature further finds that existing remedies available to property owners regarding unauthorized persons illegally entering or remaining on residential real property is insufficient and do not protect the rights of the property owner.

Accordingly, the purpose of this Act is to establish a limited alternative process for the removal of unauthorized persons from residential real property, thereby enhancing protections for property owners, streamlining processes for addressing trespassing and squatting, and ensuring fair enforcement procedures.

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

"Chapter

removal of unauthorized persons from residential real property

§ -1 Application of chapter. This chapter shall not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.

§ -2 Limited alternative remedy to remove unauthorized persons from residential real property. (a) A property owner or authorized agent of the property owner may request a law enforcement officer of the county in which the property is located to immediately remove a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:

(1) The requesting person is the property owner or authorized agent of the property owner;

(2) The real property that is being occupied includes a residential dwelling;

(3) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner's property;

(4) The real property was not open to members of the public at the time the unauthorized person or persons entered;

(5) The property owner has directed the unauthorized person to leave the property;

(6) The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner;

(7) The unauthorized person or persons are not immediate family members of the property owner; and

(8) There is no pending litigation related to the real property between the property owner and any known unauthorized person.

(b) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner or authorized agent of the property owner shall submit a complaint by presenting a completed and verified complaint to remove persons unlawfully occupying residential real property to the appropriate law enforcement officer of the county in which the real property is located.

(c) Upon receipt of the complaint, the law enforcement officer shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this section. If verified, the law enforcement officer shall, without delay, serve a notice to immediately vacate on all of the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. The law enforcement officer shall also attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the law enforcement officer may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.

(d) The law enforcement officer shall be entitled to the same fee for service of the notice to immediately vacate as if the law enforcement officer were serving a writ of possession under section 666-11. After the law enforcement officer serves the notice to immediately vacate, the property owner or authorized agent of the property owner may request that the law enforcement officer stand by to keep the peace while the property owner or authorized agent of the property owner changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the law enforcement officer may charge a reasonable hourly rate, and the person requesting the law enforcement officer to stand by and keep the peace shall be responsible for paying the reasonable hourly rate set by the law enforcement agency of the law enforcement officer. The law enforcement officer shall not be liable to the unlawful occupant or any other party for loss, destruction, or damage of property. The property owner or the authorized agent of the owner shall not be liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.

§ -3 Civil cause of action for wrongful removal. (a) A person may bring a civil cause of action for wrongful removal under this chapter.

(b) A person harmed by a wrongful removal under this chapter may be restored to possession of the real property and may recover actual costs and damages incurred, damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney 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. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Real Property; Unauthorized Persons; Removal

Description:

Establishes a limited alternative process to remove unauthorized persons from residential real property.

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

HB 709: RELATING TO TRESPASSING.

Current Status:

House Standing Committee on Housing

News Coverage: