HOUSE OF REPRESENTATIVES

H.B. NO.

1503

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

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.  Chapter 521, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§521-    Medical marijuana; tenant use; eviction.  A provision in a rental agreement allowing for eviction of a tenant who has a valid certificate for the medical use of marijuana as provided in section 329-123 in any form is void, unless the rental agreement allows for eviction for smoking tobacco and the medical marijuana is used by means of smoking; provided that this section shall not apply where the articles of incorporation, declaration, bylaws, administrative rules, house rules, association documents, or a similar document of a condominium property regime or planned community association prohibits the medical use of marijuana."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.


     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on November 1, 2014.


 


 

Report Title:

Residential Landlord-Tenant Code; Medical Marijuana; Eviction; Rental Agreement; Voided Provisions

 

Description:

Voids any rental agreement provision that allows for eviction of a tenant who has a valid certificate for the medical use of marijuana unless:  (1) the rental agreement allows for eviction for smoking tobacco and the medical marijuana is smoked; or (2) the documents of a condominium property regime or planned community association prohibit the medical use of marijuana.  Effective 11/01/2014.  (SD1)

 

 

 

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