HOUSE OF REPRESENTATIVES

H.B. NO.

46

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public housing.

 

 

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

 


SECTION 1. Chapter 356D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"356D‑   Prohibition on smoking in and around public housing; designated smoking areas. (a) Smoking shall be prohibited in any public housing project, as defined in section 356D-1, or state low-income housing project, as defined in section 356D-51, within:

(1) Each individual housing unit;

(2) Hallways;

(3) Enclosed or partially enclosed common areas; and

(4) Twenty feet from each individual building of the public housing project or state low-income housing project.

(b) Notwithstanding subsection (a), the authority shall designate one or more permissible smoking areas not less than twenty feet from any residential building or community facility within the public housing project or state low-income housing project.

(c) For purposes of this section:

"Common areas" means those portions of the land, building, and all appurtenances and easements that are available for use by tenants or as designated by the authority as a common area.

"Smoking" means inhaling or exhaling the fumes of tobacco or any other plant material or burning or carrying any lighted smoking equipment for tobacco or any other plant material."

SECTION 2. Section 356D-92, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as otherwise provided, the authority may terminate any lease, rental agreement, permit, or license covering the use and occupation of any dwelling unit or other premises located within a public housing project and evict from any premises any tenant, licensee, or other occupant for any of the following reasons:

(1) Failure to pay rent when due;

(2) Violation of any of the provisions of a lease, rental agreement, permit, or license;

(3) Violation of any of the rules of the authority;

(4) Failure to maintain the dwelling unit in a clean, sanitary, and habitable condition; [or]

(5) Upon a third violation of section 356D‑   ; provided that a violation by a non-resident who is visiting a resident shall be deemed a violation by the resident only if the resident is within twenty feet of the visitor at the time of the violation; or

[(5)] (6) The existence of any other circumstances giving rise to an immediate right to possession by the authority."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Housing; Smoking Prohibited

 

Description:

Prohibits smoking in and around public housing projects or state low-income housing projects under the jurisdiction of the Hawaii public housing authority.

 

 

 

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