Report Title:

Landlord Tenant Code; Illegal Drug Possession Prohibited

Description:

Prohibits tenants or guests from unlawfully possessing dangerous, harmful, or detrimental drugs in a dwelling unit or on surrounding premises. Authorizes a summary eviction proceeding for violation of the prohibition, wherein the landlord may rely upon notices or reports issued by law enforcement. (HB105 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

105

TWENTY-THIRD LEGISLATURE, 2005

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE RESIDENTIAL LANDLORD-TENANT CODE.

 

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

SECTION 1. Section 521-52, Hawaii Revised Statutes, is amended to read as follows:

"§521-52 Tenant to use properly. (a) The tenant shall comply with all obligations or restrictions, whether denominated by the landlord as rules, or otherwise, concerning the tenant's use, occupancy, and maintenance of the tenant's dwelling unit, appurtenances thereto, and the premises of which the dwelling unit is a part, if:

(1) Such obligations or restrictions are brought to the attention of the tenant at the time of the tenant's entry into the rental agreement; or

(2) Such obligations or restrictions, if not so known by the tenant at the time of the tenant's entry into the rental agreement, are brought to the attention of the tenant and, if they work a substantial modification of the tenant's bargain under the rental agreement, are consented to in writing by the tenant.

(b) No such obligation or restriction shall be enforceable against the tenant unless:

(1) It is for the purpose of promoting the convenience, safety, or welfare of the tenants of the property, [or] for the preservation of the landlord's property from abusive use, or for the fair distribution of services and facilities held out for the tenants generally;

(2) It is reasonably related to the purpose for which it is established;

(3) It applies to all tenants of the property in a fair manner; and

(4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant's conduct to fairly inform the tenant of what the tenant must or must not do to comply.

(c) In a rental agreement for a single family residence, a landlord shall not prohibit a tenant from erecting, maintaining, or displaying an otherwise legal sign or outdoor advertising device that urges voters to vote for or against any person or issue; provided that reasonable restrictions are permissible for purposes of complying with applicable building and housing laws affecting health and safety.

(d) If the dwelling unit is an apartment in a condominium property regime, the tenant shall comply with the bylaws of the association of apartment owners, and if the dwelling unit is an apartment in a cooperative housing corporation, the tenant shall comply with the bylaws of the corporation.

(e) A tenant, household member, guest, visitor, or other person under the tenant’s control shall not unlawfully possess any dangerous, harmful, or detrimental drug while in the tenant's dwelling unit or on the premises of which the dwelling unit is a part.

A person is under the tenant’s control when that person enters or remains in the tenant's dwelling unit or on the premises with the tenant’s permission or consent when the tenant knows or reasonably should know that the person unlawfully possesses or is likely to unlawfully possess a dangerous, harmful, or detrimental drug.

For the purposes of this subsection:

"Dangerous drug", "harmful drug", and "detrimental drug" have the same meanings as defined in section 712-1240."

SECTION 2. Section 521-72, Hawaii Revised Statutes, is amended to read as follows:

"§521-72 Landlord's remedies for improper use. (a) If the tenant breaches any rule authorized under section 521-52, the landlord may notify the tenant in writing of the tenant's breach. The notice shall specify the time, not less than ten days, within which the tenant is required to remedy the breach and shall be in substantially the following form:

"(Name and address of tenant) (date)

You are hereby notified that you have failed to perform according to the following rule:

(specify rule allegedly breached)

Be informed that if you (continue violating) (again violate) this rule after (a date not less than ten days after this notice), the landlord may terminate the rental agreement and sue for possession of your dwelling unit."

No allowance of time to remedy the breach of any rule authorized under section 521-52 shall be required when the breach by the tenant causes or threatens to cause damage to any person or constitutes a violation of section 521-51(1) or (6)[.] or section 521-52(e).

(b) If the breach complained of continues or recurs after the date specified in the notice, the landlord may bring a summary proceeding for possession within thirty days after such continued or recurring breach.

(c) If the breach complained of is a violation of section 521-52(e), the landlord may immediately bring a summary proceeding for possession. The landlord may rely upon any written notice or report issued by a county, state, or federal law enforcement officer or agency regarding possession of a dangerous, harmful, or detrimental drug on the landlord's property, and the notice or report shall be admissible as evidence in a summary proceeding subject to the requirements of chapter 626. Notwithstanding the reference to section 712-1240 in section 521-52(e), the standard of proof applicable to the summary proceeding shall remain at a preponderance of the evidence, the standard applicable to civil actions."

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

SECTION 4. This Act shall take effect on January 1, 2096.