HOUSE OF REPRESENTATIVES	H.B. NO.	33
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII

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-   Application screening fee; administrative fee for screening. (a)  When a landlord or the landlord's agent receives a request to rent residential property from an applicant, the landlord or the landlord's agent may charge the applicant an application screening fee at the time the applicant will be processed for the residential property, to cover the costs of obtaining information about the applicant.  Information sought by the landlord or the landlord's agent charging the fee may include personal reference checks, tenant reports, and credit reports produced by any consumer credit reporting agency.

(b)  The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including the cost of using a tenant screening service or a consumer credit reporting service.

(c)   When information is sought pursuant to subsection (a), the landlord or landlord's agent may also charge the applicant an administrative fee in an amount no greater than fifty per cent of the application screening fee, as calculated pursuant to subsection (b).

(d)  If an application screening fee has been paid by the applicant, the landlord or the landlord's agent shall provide to the applicant a copy of any report obtained with the fee within ten days of obtaining the report.

(e)  The landlord or the landlord's agent shall return to the applicant any amount of the application screening fee that is not used for the purposes authorized by this section.

(f)  For the purposes of this section,

"Consumer credit reporting agency" has the same meaning as in section 489P-2.

"Credit report" has the same meaning as in section 489P-2."

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 July 1, 2050.

Report Title:

Residential Landlord-Tenant Code; Application Screening Fee; Tenant Report; Consumer Credit Report

Description:

Allows a landlord, when processing an application to rent residential property to charge an application screening fee for the actual costs of screening the applicant, plus an additional administrative fee.  Requires landlords to refund any unused amount of the application screening fee and provide a copy of any report obtained via the screening process to the applicant.  (HB33 HD1)

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