SB 1293: RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

A BILL FOR AN ACT

RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

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

     SECTION 1.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

     "§521-    Amount of recovery; federal disaster areas.  Notwithstanding any other law to the contrary, any landlord of a dwelling unit that is located within an area that was a federally declared disaster area as of August 8, 2023, who violates this chapter shall be liable for damages to any tenant affected by the violation.  If the judgment is for the plaintiff-tenant, the court shall award:

     (1)  A sum not less than $1,000 or threefold the plaintiff‑tenant's sustained damages, whichever is greater;

     (2)  Reasonable attorneys' fees; and

     (3)  The cost of the civil suit."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Residential Landlord-Tenant Code; Liability; Damages; Amount; Attorney Fees; Federally Declared Disaster Area

Description:

Provides the amount of recovery for tenants who prevail in civil suits for a landlord's violation of the Residential Landlord‑Tenant Code concerning a dwelling unit within an area that was a federally declared disaster area as of 8/8/2023.  Provides for reasonable attorneys' fees and recovery for the cost of the suit.  Effective 7/1/2050.  (SD1)

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 the Residential Landlord-Tenant Code.

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

     SECTION 1.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

     "§521-     Amount of recovery; federal disaster areas.  Except as otherwise provided in this chapter, and notwithstanding any other law to the contrary, any landlord who violates this chapter and is within an area that was a federally declared disaster area as of August 8, 2023, shall be liable in damages to any tenant affected by the violation.  If the judgment is for the plaintiff-tenant, the court shall award:

     (1)  A sum not less than $1,000 or threefold the plaintiff‑tenant's sustained damages, whichever is greater;

     (2)  Reasonable attorney fees; and

     (3)  The cost of the civil suit."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Residential Landlord-Tenant Code; Liability; Damages; Amount; Attorney Fees; Federally Declared Disaster Area

Description:

Provides the amount of recovery for tenants who prevail in civil suits for a landlord's violation of the Residential Landlord‑Tenant Code within an area that was a federally declared disaster area as of 8/8/2023.  Provides for reasonable attorney fees and recovery for the cost of the suit.

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. 441

Honolulu, Hawaii

RE:    S.B. No. 1293

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1293 entitled:

"A BILL FOR AN ACT RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide an amount of recovery for tenants who prevail in a civil action against a landlord of a dwelling unit that is located within a federally declared disaster area for violation of the Residential Landlord-Tenant Code.

     Your Committee received testimony in support of this measure from one individual.

     Your Committee finds that when rental housing becomes limited due to disaster, tenants are particularly vulnerable to predatory practices by landlords.  Following the 2023 Maui wildfires, landlords of dwelling units within the disaster area were charging exorbitant rental fees and evicting tenants in violation of the Residential Landlord-Tenant Code.  This measure enables tenants who live within federally declared disaster areas whose landlords are found to have violated the Residential Landlord-Tenant Code, to recover damages.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1293, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1293, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,