SB 416: 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.  The legislature finds that prohibiting a landlord from restricting a tenant's ability to keep pet animals in a dwelling unit, contingent upon the tenant obtaining and maintaining liability insurance, offers numerous benefits.  Pets contribute significantly to the emotional and mental health of individuals, as evidenced during the COVID-19 pandemic when sixty-two per cent of pet owners reported improved mental health due to their pets and eighty-four per cent noted strengthened emotional bonds.  Allowing pets in rental properties can also promote housing stability, as pet owners often face challenges in finding suitable housing and tend to stay longer in pet-friendly accommodations.  This stability benefits both tenants and landlords by reducing turnover rates.  Additionally, permitting pets in dwelling units broadens the pool of potential tenants for landlords, as a large portion of households own pets, and landlords can often command higher rents or charge pet-related fees, increasing rental income.  Furthermore, reducing restrictions on pet ownership can help mitigate the number of animals surrendered to overcrowded shelters, addressing a significant animal welfare issue.

     The legislature further finds that other jurisdictions have explored similar measures.  In California, recent legislation aimed to prohibit landlords from instituting blanket bans on common household pets in rental units, while also limiting additional pet-related fees.  Similarly, New South Wales, Australia, has enacted reforms making it easier for tenants to keep pets in rental properties, requiring landlords to provide valid reasons for denying pet requests.

     Accordingly, the purpose of this Act is to enhance tenant well-being, housing stability, and animal welfare by restricting landlords from prohibiting pet animals in dwelling units, while ensuring landlords are protected through the requirement of tenant-obtained liability insurance to cover potential damages caused by pet animals.

     SECTION 2.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§521-    Pet animals; restrictions prohibited; proof of insurance.  (a)  No rental agreement shall prohibit a tenant from keeping a pet animal in the dwelling unit; provided that the tenant obtains and maintains liability insurance to cover personal or property damages caused by the pet animal; provided further that this section shall not apply where the articles of incorporation, declaration, bylaws, administrative rules, house rules, association documents, or a similar document of a condominium property regime or planned community association prohibits the presence of pet animals in the dwelling unit.

     (b)  For the purposes of this section, "pet animal" has the same meaning as defined in section 711-1100."

     SECTION 3.  New statutory material is underscored.     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Residential Landlord-Tenant Code; Pet Animals; Restrictions Prohibited; Liability Insurance Coverage

Description:

Prohibits rental agreements from prohibiting tenants from keeping pet animals in dwelling units, subject to certain conditions.  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.  The legislature finds that prohibiting a landlord from restricting a tenant's ability to keep pet animals in a dwelling unit, contingent upon the tenant obtaining and maintaining liability insurance, offers numerous benefits.  Pets contribute significantly to the emotional and mental health of individuals, as evidenced during the COVID-19 pandemic when sixty-two per cent of pet owners reported improved mental health due to their pets and eighty-four per cent noted strengthened emotional bonds.  Allowing pets in rental properties can also promote housing stability, as pet owners often face challenges in finding suitable housing and tend to stay longer in pet-friendly accommodations.  This stability benefits both tenants and landlords by reducing turnover rates.  Additionally, permitting pets in dwelling units broadens the pool of potential tenants for landlords, as a large portion of households own pets, and landlords can often command higher rents or charge pet-related fees, increasing rental income.  Furthermore, reducing restrictions on pet ownership can help mitigate the number of animals surrendered to overcrowded shelters, addressing a significant animal welfare issue. 

     The legislature further finds that other jurisdictions have explored similar measures.  In California, recent legislation aimed to prohibit landlords from instituting blanket bans on common household pets in rental units, while also limiting additional pet-related fees.  Similarly, New South Wales, Australia, has enacted reforms making it easier for tenants to keep pets in rental properties, requiring landlords to provide valid reasons for denying pet requests. 

     Accordingly, the purpose of this Act is to enhance tenant well-being, housing stability, and animal welfare by restricting landlords from prohibiting pet animals in dwelling units, while ensuring landlords are protected through the requirement of tenant-obtained liability insurance to cover potential damages caused by pet animals. 

     SECTION 2.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§521-    Pet animals; restrictions prohibited; proof of insurance.  (a)  No rental agreement shall prohibit a tenant from keeping a pet animal in the dwelling unit; provided that the tenant obtains and maintains liability insurance to cover personal or property damages caused by the pet animal; provided further that this section shall not apply where the articles of incorporation, declaration, bylaws, administrative rules, house rules, association documents, or a similar document of a condominium property regime or planned community association prohibits the presence of pet animals in the dwelling unit.

     (b)  For the purposes of this section, "pet animal" has the same meaning as defined in section 711-1100."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

Residential Landlord-Tenant Code; Pet Animals; Restrictions Prohibited; Liability Insurance Coverage

Description:

Prohibits rental agreements from prohibiting tenants from keeping pet animals in dwelling units, subject to certain conditions.

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. 509

Honolulu, Hawaii

RE:    S.B. No. 416

       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. 416 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 enhance tenant well-being, housing stability, and animal welfare by restricting landlords from prohibiting pet animals in dwelling units, while ensuring landlords are protected through the requirement of tenant-obtained liability insurance to cover potential damages caused by pet animals.  More specifically, this measure prohibits rental agreements from prohibiting tenants from keeping pet animals in dwelling units, subject to certain conditions.

     Your Committee received testimony in support of this measure from two 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 Hawaiʻi Association of REALTORS.

     Your Committee finds that pets contribute significantly to the emotional and mental health of individuals.  Allowing pets in rental properties promotes stability in the rental housing market, as pet owners are less likely to find suitable housing that allows pets.  Your Committee further finds that other jurisdictions have explored similar measures to prohibit landlords from banning common household pets in rental units.  Accordingly, this measure would benefit tenants and landlords by allowing tenants to live with their pets and protecting landlords by requiring tenants to obtain liability insurance for their pets.

     Your Committee has amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

     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. 416, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 416, 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,