HB2121

Report Title:

Real Property; Discrimination; Domestic Violence

Description:

Establishes status as a victim of domestic violence as a class that may not be discriminated against in real property transactions. Allows a property owner to request domestic violence victim to provide proof of steps taken to reduce threat of repeat incidents.

HOUSE OF REPRESENTATIVES	H.B. NO.	2121
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to discrimination in real property transactions.

 

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

SECTION 1. Section 515-6, Hawaii Revised Statutes, is amended to read as follows:

"§515-6 Restrictive covenants and conditions. (a) Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, sex, color, religion, marital status, familial status, ancestry, disability, age, status as a victim of domestic violence, or [HIV (]human immunodeficiency virus[)] infection, is void.

(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, sex, color, religion, marital status, familial status, ancestry, disability, age, status as a victim of domestic violence, or [HIV] human immunodeficiency virus infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.

(c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title.

(d) Where an incident of domestic violence has occurred at the victim's residence, it is not a violation of this section for the owner of that property to request that the victim provide proof that they have taken or are taking appropriate actions to lessen the threat of future incidents of domestic violence and to lessen the possibility that others who reside on that property, including:

(1) The victim reporting the domestic violence to appropriate law enforcement entities; or

(2) Taking action to obtain a restraining order against the perpetrator of the domestic violence."

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:	_____________________________