THE SENATE

S.B. NO.

3332

THIRTY-SECOND LEGISLATURE, 2024

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EVICTION MEDIATION.

 

 

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

 

     SECTION 1.  The legislature finds that, due to wildfires on Maui during 2023, thousands of Hawaii residents have lost their jobs and have been unable to pay their rent.  The governor has issued proclamations relating to wildfires to provide protections for tenants struggling to pay rent during this time, including an eviction moratorium that prohibits any eviction from a residential dwelling unit for failure to pay rent.  The legislature finds, however, that the eviction moratorium will expire.  Therefore, a balanced approach is needed to help reduce the large number of summary possession cases that are expected to follow the expiration of certain wildfire proclamations.

     Accordingly, the purpose of this Act is to delay filing an action for summary possession for certain tenancies affected by the eviction moratorium contained in certain emergency proclamations issued by the governor.

     SECTION 2.  (a)  This section shall apply to any tenancy subject to suspension of sections 521-68 and 521-71, and chapter 666, Hawaii Revised Statutes, under emergency proclamations issued by the governor and relating to wildfires when it becomes legally permissible to terminate a residential tenancy for nonpayment of rent.

     (b)  No landlord shall bring an action for summary possession for a tenant's failure to pay rent except pursuant to this section and as follows:

     (1)  Beginning on the first day after the expiration date of the final eviction moratorium through the thirtieth day after the expiration date of the final eviction moratorium, the rent due shall be equal to or greater than four months of rent;

     (2)  Beginning on the thirty-first day after the expiration date of the final eviction moratorium through the ninety-first day after the expiration date of the final eviction moratorium, the rent due shall be equal to or greater than three months of rent;

     (3)  Beginning on the ninety-second day after the expiration date of the final eviction moratorium through the one hundred fifty-second day after the expiration date of the final eviction moratorium, the rent due shall be equal to or greater than two months of rent; and

     (4)  Beginning on the one hundred fifty-third day after the expiration date of the final eviction moratorium through the three hundred sixty-fifth day after the expiration day of the final eviction moratorium, the rent due shall be equal to or greater than one month rent.

     (c)  For purposes of this Act, "final eviction moratorium" means an emergency proclamation or supplementary proclamation, or any extension thereof, issued by the governor and relating to wildfires, that prohibits any eviction from a residential dwelling for a failure to pay rent, and either is not renewed by the governor or, if renewed or extended, does not include any prohibition related to evictions from a residential dwelling unit for failure to pay rent; provided that nothing in this section shall prevent the governor from either reinstating or issuing a new emergency proclamation that contains a prohibition against eviction from a residential dwelling for failure to pay rent.

     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; provided that any contract in effect prior to the effective date of this Act that is subsequently renewed or extended on or after the effective date of this Act shall comply with the requirements of this Act.

     SECTION 4.  This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii State Constitution or article I, section 10, of the United States Constitution.

     SECTION 5.  This Act shall take effect on July 1, 2040; provided that:

     (1)  The governor shall notify the chief justice, legislature, and revisor of statutes no later than twenty days before the expiration of the final eviction moratorium identified in section 2 of this Act, that the governor will not issue any further eviction moratoria in response to the wildfires; and

     (2)  Section 2 of this Act shall take effect on the date of the expiration of the final eviction moratorium.

 

Report Title:

Failure to Pay Rent; Wildfires; Emergency Proclamations; Summary Possession

 

Description:

Delays filing an action for summary possession for certain tenancies affected by the eviction moratorium contained in certain emergency proclamations issued by the Governor.  Effective 7/1/2040.  (HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.