REPORT TITLE:
Pets In Housing


DESCRIPTION:
Prohibits landlords from preventing persons 62 years old and over
and disabled persons from owning an animal in a condominium,
cooperative, and planned unit development with 6 or more units
privately owned or rented if rented or purchased by a senior
citizen or disabled person.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           564
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO HOUSING. 


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

 1      SECTION 1.  Chapter 515, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "515-      Pet discrimination against senior citizens and
 
 5 disabled persons.  (a)  Notwithstanding any law to the contrary,
 
 6 a domesticated animal shall be allowed in condominiums,
 
 7 cooperatives, and planned unit developments with six or more
 
 8 units if rented or purchased by a senior citizen or a disabled
 
 9 person.
 
10      (b)  Any senior citizen or disabled person residing in a
 
11 condominium, cooperative, or planned unit development, upon
 
12 providing written notice to the landlord or governing body, shall
 
13 be permitted to own, harbor, or care for a domesticated animal
 
14 while a resident of that dwelling unit.
 
15      (c)  A landlord or governing body shall not refuse to renew
 
16 a lease for a dwelling unit to any senior citizen or disabled
 
17 person who owns, harbors, or cares for a domesticated animal in
 
18 accordance with this section except as provided in this section.
 
19      (d)  A landlord or governing body may refuse to renew a
 

 
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                                     S.B. NO.           564
                                                        
                                                        

 
 1 lease to a senior citizen or disabled person when the senior
 
 2 citizen or disabled person fails to:
 
 3      (1)  Properly care for the domesticated animal;
 
 4      (2)  Properly control the animal by using a leash, if
 
 5           appropriate, or other necessary safety devices when
 
 6           walking to and from the dwelling unit; or 
 
 7      (3)  Promptly remove any animal waste. 
 
 8      (e)  A landlord or governing body may require a disabled
 
 9 person to present a physician statement as proof of disability.
 
10      (f)  A landlord or governing body who is in compliance with
 
11 this section shall not be liable for any damages in a civil
 
12 action for injury to person or property caused by a domesticated
 
13 animal owned, harbored, or cared for by a senior citizen or
 
14 disabled person; provided that the damages are not the result of
 
15 a wilful or wanton act of the landlord or governing body.
 
16      (g)  For purposes of this section:
 
17      "Disabled person" means a person with a disability.
 
18      "Domesticated animal" means a dog, cat, bird, fish, or other
 
19 animal that does not constitute a health or safety hazard. 
 
20      "Senior citizen" means a person sixty-two years of age or
 
21 older and shall include a surviving spouse if that surviving
 
22 spouse is fifty-five years of age or over."
 
23      SECTION 2.  New statutory material is underscored.
 

 
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                                     S.B. NO.           564
                                                        
                                                        

 
 1      SECTION 3.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________