521-7 Exclusions from application of chapter. Unless created solely to avoid the application of this chapter, this chapter shall not apply to:

(1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services;

(2) Residence in a structure directly controlled and managed by:

(A) The University of Hawaii or any other university or college in the State for housing its own students or faculty or residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university; or

(B) A private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State;

(3) Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser;

(4) Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization;

(5) Transient occupancy on a day-to-day basis in a hotel or motel;

(6) Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon that employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant;

(7) A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease;

(8) Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner's rights;

(9) Occupancy by the seller of residential real property after the transfer of the seller's ownership rights;

(10) Occupancy in a homeless facility or any other program for the homeless authorized under part XVII of chapter 346;

(11) Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program;

(12) Residence or occupancy in a transitional facility for abused family or household members; or

(13) Residence or occupancy in a structure or on a property directly controlled, owned, or managed by the Hawaii public housing authority. [L 1972, c 132, pt of 1; am L 1986, c 112, 1; am L 1988, c 307, 1; am L 1991, c 18, 1 and c 212, 8; am L 1994, c 248, 1; am L 1995, c 43, 1; am L 1997, c 350, 14; am L 1998, c 11, 27; am L 2005, c 196, 26(a); am L 2006, c 24, 6 and c 180, 16; am L 2007, c 193, 5 as superseded by c 249, 30; am L 2010, c 89, 11; am L 2012, c 43, 1; am L 2017, c 114, 1; am L 2018, c 194, 2]



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