Report Title:

Summary Possession; Venue

Description:

Requires venue for a residential landlord-tenant summary possession action to be in small claims court unless all parties agree to move the action to district court.

HOUSE OF REPRESENTATIVES

H.B. NO.

506

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SUMMARY POSSESSION.

 

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

SECTION 1. Section 633-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) All district courts, except as otherwise provided, shall exercise jurisdiction conferred by this chapter, and while sitting in the exercise of that jurisdiction, shall be known and referred to as the small claims division of the district court; provided that the jurisdiction of the court when sitting as a small claims division of the district court shall be confined to:

(1) Cases for the recovery of money only where the amount claimed does not exceed $3,500 exclusive of interest and costs, except as provided by section 633-30;

(2) Cases involving disagreement between landlord and tenant about the security deposit or concerning summary possession in a residential landlord-tenant relationship; and

(3) Cases for the return of leased or rented personal property worth $3,500 or less where the amount claimed owed for that lease or rental does not exceed $3,500 exclusive of interest and costs.

This chapter shall not abridge or affect the jurisdiction of the district courts under paragraphs (1) and (3) to determine cases under the ordinary procedures of the court, it being optional with the plaintiff in the cases to elect the procedure of the small claims division of the district court or the ordinary procedures, as provided by rule of court. No case filed in the small claims division after December 31, 1991, shall be removed from the small claims division to be heard under the ordinary procedures of the district court unless the removal is agreed to by the plaintiff. In cases arising under paragraph (2) the jurisdiction of the small claims division of the district court shall be exclusive. This subsection shall not abrogate nor supersede sections 604-5, 633-30, and 633-31."

SECTION 2. Section 666-6, Hawaii Revised Statutes, is amended to read as follows:

"§666-6 Summary possession proceedings; venue. In the case of summary possession proceedings, the person entitled to the possession of the premises shall bring and prosecute the person’s action in the district court of the circuit wherein the lands and premises in question are situated[.]; provided that for residential leases, jurisdiction in summary possession cases shall be in the small claims court of the circuit in which the premises are located unless all parties file a joint motion to transfer jurisdiction to the district court in the circuit in which the premises are located."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________