HOUSE OF REPRESENTATIVES

H.B. NO.

2577

TWENTY-SEVENTH LEGISLATURE, 2014

 

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-A  Lease, rental agreement; smoking prohibition.  (a)  Effective July 1, 2014, the authority shall not enter into or renew any lease, rental agreement, permit, or license, including a month-to-month tenancy, unless the lease, rental agreement, permit, or license contains a provision that prohibits the tenant or any guest of the tenant from smoking anywhere in the public housing project, including the dwelling unit of the tenant.

     (b)  Upon learning of any noncompliance with the provision required by subsection (a), the authority shall notify the tenant in writing of the noncompliance.  If the tenant cannot be served with notice as required, notice may be given the tenant by posting the notice in a conspicuous place on the dwelling unit.

     (c)  Failure of a tenant or any guest of the tenant to comply with the no smoking provision pursuant to subsection (a) constitutes a ground for termination of the lease, rental agreement, permit, or license, including a month-to-month tenancy, and eviction from the dwelling unit."

     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)  The existence of any other circumstances giving rise to an immediate right to possession by the authority[.]; or

     (6)  Smoking anywhere in the public housing project, including a dwelling unit or other premises located within a public housing project when smoking is prohibited pursuant to section 356D-A."

     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.  In codifying the new section added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new section in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Public Housing; Smoking; Ban

 

Description:

Prohibits smoking anywhere in a public housing project.

 

 

 

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