Real property

Gives the right to impose reasonable occupancy limits in a
sleeping area.

HOUSE OF REPRESENTATIVES                H.B. NO.348        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 515-2, Hawaii Revised Statutes, is
 2 amended by adding the definition of "sleeping area" to be
 3 appropriately inserted and to read as follows:
 4      ""Sleeping area" means a room in a dwelling unit that is
 5 designed and intended to be used ordinarily for sleeping
 6 purposes, as distinguished from living or dining areas."
 7      SECTION 2.  Section 515-3, Hawaii Revised Statutes, is
 8 amended to read as follows:
 9      "515-3 Discriminatory practices.  (a)  It is a
10 discriminatory practice for an owner or any other person engaging
11 in a real estate transaction, or for a real estate broker or
12 salesperson, because of race, sex, color, religion, marital
13 status, familial status, ancestry, disability, age, or HIV (human
14 immunodeficiency virus) infection:
15      (1)  To refuse to engage in a real estate transaction with a
16           person;
17      (2)  To discriminate against a person in the terms,
18           conditions, or privileges of a real estate transaction
19           or in the furnishing of facilities or services in
20           connection therewith;

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 1      (3)  To refuse to receive or to fail to transmit a bona fide
 2           offer to engage in a real estate transaction from a
 3           person;
 4      (4)  To refuse to negotiate for a real estate transaction
 5           with a person;
 6      (5)  To represent to a person that real property is not
 7           available for inspection, sale, rental, or lease when
 8           in fact it is so available, or to fail to bring a
 9           property listing to the person's attention, or to
10           refuse to permit the person to inspect real property,
11           or to steer a person seeking to engage in a real estate
12           transaction;
13      (6)  To print, circulate, post, or mail, or cause to be so
14           published a statement, advertisement, or sign, or to
15           use a form of application for a real estate
16           transaction, or to make a record or inquiry in
17           connection with a prospective real estate transaction,
18           which indicates, directly or indirectly, an intent to
19           make a limitation, specification, or discrimination
20           with respect thereto;
21      (7)  To offer, solicit, accept, use, or retain a listing of
22           real property with the understanding that a person may
23           be discriminated against in a real estate transaction

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 1           or in the furnishing of facilities or services in
 2           connection therewith;
 3      (8)  To refuse to engage in a real estate transaction with a
 4           person or to deny equal opportunity to use and enjoy a
 5           housing accommodation due to a disability because the
 6           person uses the services of a guide dog, signal dog, or
 7           service animal; provided that reasonable restrictions
 8           or prohibitions may be imposed regarding excessive
 9           noise or other problems caused by those animals.  For
10           the purposes of this paragraph:
11                "Blind" shall be as defined in section 235-1;
12                "Deaf" shall be as defined in section 235-1;
13                "Guide dog" means any dog individually trained by
14           a licensed guide dog trainer for guiding a blind person
15           by means of a harness attached to the dog and a rigid
16           handle grasped by the person;
17                "Reasonable restriction" shall not include any
18           restriction that allows any owner or person to refuse
19           to negotiate or refuse to engage in a real estate
20           transaction; provided that as used in this paragraph,
21           the "reasonableness" of a restriction shall be examined
22           by giving due consideration to the needs of a
23           reasonable prudent person in the same or similar

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 1           circumstances.  Depending on the circumstances, a
 2           "reasonable restriction" may require the owner of the
 3           service animal, guide dog, or signal dog to comply with
 4           one or more of the following:
 5           (A)  Observe applicable laws including leash laws and
 6                pick-up laws;
 7           (B)  Assume responsibility for damage caused by the
 8                dog; or
 9           (C)  Have the housing unit cleaned upon vacating by
10                fumigation, deodorizing, professional carpet
11                cleaning, or other method appropriate under the
12                circumstances.
13           The foregoing list is illustrative only, and neither
14           exhaustive nor mandatory;
15                "Service animal" means any animal that is trained
16           to provide those life activities limited by the
17           disability of the person;
18                "Signal dog" means any dog that is trained to
19           alert a deaf person to intruders or sounds;
20      (9)  To solicit or require as a condition of engaging in a
21           real estate transaction that the buyer, renter, or
22           lessee be tested for human immunodeficiency virus
23           infection (HIV), the causative agent of acquired
24           immunodeficiency syndrome (AIDS);

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 1     (10)  To refuse to permit, at the expense of a person with a
 2           disability, reasonable modifications to existing
 3           premises occupied or to be occupied by the person if
 4           modifications may be necessary to afford the person
 5           full enjoyment of the premises.  A real estate broker
 6           or salesperson, where it is reasonable to do so, may
 7           condition permission for a modification on the person
 8           agreeing to restore the interior of the premises to the
 9           condition that existed before the modification,
10           reasonable wear and tear excepted;
11     (11)  To refuse to make reasonable accommodations in rules,
12           policies, practices, or services, when the
13           accommodations may be necessary to afford a person with
14           a disability equal opportunity to use and enjoy a
15           housing accommodation;
16     (12)  In connection with the design and construction of
17           covered multi-family housing accommodations for first
18           occupancy after March 13, 1991, to fail to design and
19           construct housing accommodations in such a manner that:
20           (A)  The housing accommodations have at least one
21                accessible entrance, unless it is impractical to
22                do so because of the terrain or unusual
23                characteristics of the site; and

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 1           (B)  With respect to housing accommodations with an
 2                accessible building entrance:
 3                (i)  The public use and common use portions of the
 4                     housing accommodations are accessible to and
 5                     usable by disabled persons;
 6               (ii)  Doors allow passage by persons in
 7                     wheelchairs; and
 8              (iii)  All premises within covered multi-family
 9                     housing accommodations contain an accessible
10                     route into and through the housing
11                     accommodations; light switches, electrical
12                     outlets, thermostats, and other environmental
13                     controls are in accessible locations;
14                     reinforcements in the bathroom walls allow
15                     installation of grab bars; and kitchens and
16                     bathrooms are accessible by wheelchair; or
17     (13)  To discriminate against or deny a person access to, or
18           membership or participation in any multiple listing
19           service, real estate broker's organization, or other
20           service, organization, or facility involved either
21           directly or indirectly in real estate transactions, or
22           to discriminate against any person in the terms or
23           conditions of such access, membership, or
24           participation.

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 1      (b)  Nothing in this section, as it pertains to
 2 discriminatory practices on the basis of familial status, shall
 3 limit a person's right to impose reasonable occupancy limits in a
 4 sleeping area.
 5      (c)  For the purposes of this section, a policy or practice
 6 that limits occupancy in a dwelling unit to two persons per
 7 sleeping area shall be presumptively lawful."
 8      SECTION 3.  New statutory material is underscored.
 9      SECTION 4.  This Act shall take effect upon its approval.
11                           INTRODUCED BY:  _______________________