SB2464

Report Title:

Housing Discrimination; Restrictive Covenants

 

Description:

Prohibits real property agreements and written instruments from containing restrictions etc. based on status of victim of domestic violence; allows property owner to request domestic violence victim to provide proof that victim is taking appropriate action to lessen violence.

THE SENATE	S.B. NO.	2464
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to domestic violence.

 

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 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) If an incident of domestic violence has occurred at the victim's residence, the owner of the property may request the victim to provide proof that the victim is taking appropriate action, including but not limited to lessening the:

(1) Threat of future incidences of domestic violence; and

(2) Possibility that others who reside on the property may be harmed as a result of domestic violence;

by reporting the domestic violence to appropriate law enforcement authorities, or taking action to obtain a restraining order against the perpetrator of the domestic violence."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________