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, or planned unit development with 6 or more units privately owned or rented if rented or purchased by a senior citizen or disabled person.

HOUSE OF REPRESENTATIVES

H.B. NO.

406

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to housing.

 

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

SECTION 1. Chapter 515, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§515-   Pet discrimination against senior citizens and disabled persons. (a) Notwithstanding any law to the contrary, a domesticated animal shall be allowed in a dwelling unit of a condominium, cooperative, or planned unit development with six or more units, if the dwelling unit is rented or owned by a senior citizen or a disabled person.

(b) Any senior citizen or disabled person residing in a condominium, cooperative, or planned unit development, upon providing written notice to the landlord or governing body, shall be permitted to own, harbor, or care for a domesticated animal while a resident of that dwelling unit.

(c) A landlord or governing body shall not refuse to renew a lease for a dwelling unit to any senior citizen or disabled person who owns, harbors, or cares for a domesticated animal in accordance with this section except as provided in this section.

(d) A landlord or governing body may refuse to renew a lease to a senior citizen or disabled person when the senior citizen or disabled person fails to:

(1) Properly care for the domesticated animal;

(2) Properly control the animal by using a leash, if appropriate, or other necessary safety devices when walking to and from the dwelling unit; or

(3) Promptly remove any animal waste.

(e) A landlord or governing body may require a disabled person to present a physician statement as proof of disability.

(f) A landlord or governing body who is in compliance with this section shall not be liable for any damages in a civil action for injury to person or property caused by a domesticated animal owned, harbored, or cared for by a senior citizen or disabled person; provided that the damages are not the result of a wilful or wanton act of the landlord or governing body.

(g) For purposes of this section:

"Disabled person" means a person with a disability.

"Domesticated animal" means a dog, cat, bird, fish, or other animal that does not constitute a health or safety hazard.

"Senior citizen" means a person sixty-two years of age or older and shall include a surviving spouse if that surviving spouse is fifty-five years of age or over."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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