Report Title:

Companion Pets; Apartment Rentals

Description:

Requires bylaws and apartment owners to allow individuals who are over 55 years of age or disabled and who have written certification from a doctor to have pets in an apartment. Allows the apartment owner or condominium association to retain a deposit and assess fees and fines.

THE SENATE

S.B. NO.

2697

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to companion pets.

 

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

SECTION 1. Section 514A-82.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Whenever the bylaws do not forbid apartment owners from keeping animals as pets in their apartments, the bylaws shall not forbid the tenants of the apartment owners from keeping pets in the apartments rented or leased from the owners; provided that:

(1) The apartment owner agrees in writing to allow the apartment owner's tenant to keep a pet in the apartment;

(2) The tenants may keep only those types of pets which may be kept by apartment owners;

(3) The bylaws may allow each owner or tenant to keep only one pet in the apartment;

(4) The animals shall not include those described as pests under section 150A-2, or animals prohibited from importation under section 141-2, 150A-5, or 150A-6;

(5) The bylaws may include reasonable restrictions or prohibitions against excessive noise or other problems caused by pets on the property; [and]

(6) The bylaws may reasonably restrict or prohibit the running of pets at large in the common areas of the property[.];

(7) The bylaws shall not restrict or prohibit pets in apartments if the tenant:

(A) Is age fifty-five years or older or disabled; and

(B) Provides written certification from a licensed physician that the tenant is required to have a pet for health reasons; and

(8) The bylaws may allow the apartment owner or condominium association, to assess a reasonable deposit or fee to cover cleaning expenses when the tenant fails to clean up after the pet in the apartment or common areas, and to assess a fine of $       ."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

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