Bill Text: HI HB2085 | 2024 | Regular Session | Introduced
Bill Title: Relating To The Residential Landlord-tenant Code.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced) 2024-02-08 - The committee(s) on CPC recommend(s) that the measure be deferred. [HB2085 Detail]
Download: Hawaii-2024-HB2085-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2085 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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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. The legislature finds that there are
numerous barriers to accessing affordable housing for low-income households and
people experiencing homelessness. There
is significant competition for rental units in the State, with landlords often
receiving multiple applications per unit.
Individuals and families must often apply to as many open rentals as
possible, which can cost hundreds of dollars.
While the legislature recognizes that landlords and their agents need to
collect application fees in order to vet all applicants, the legislature believes
that the costs of multiple applications for prospective tenants can result in
significant economic hardship, especially in a tight housing market.
The legislature further finds that to help
individuals and families seeking rental housing in the State, the legislature
enacted Act 200, Session Laws of Hawaii 2023, which authorizes an application
screening fee for rental applications to ensure that costs associated with
vetting an application are used only for that purpose and any remaining fees
are returned to the applicant. However,
an applicant will still be required to submit multiple application fees to
landlords or their agents who are using those fees to obtain similar
information. Allowing an applicant to
receive a certified copy of certain information to provide to another landlord
or the landlord's agent will further reduce the financial burden of applying
for rental units and reduce the work of landlords and their agents to obtain
certain information.
Accordingly, the purpose of this Act is to allow an applicant to request a certified copy of the applicant's criminal background check and credit report from one landlord or the landlord's agent to provide to another landlord or that landlord's agent in lieu of paying a fee to cover the costs of obtaining another criminal background check or credit report.
SECTION 2. Section 521-46, Hawaii Revised Statutes, is amended to read as follows:
"[[]§521-46[]] Application screening fee. (a) When a landlord or the landlord's agent
receives a request from an applicant to rent a dwelling unit, the landlord or
the landlord's agent may charge the applicant an application screening fee at
the time the application is processed for the dwelling unit to cover the costs
of obtaining information about the applicant; provided that [a]:
(1) A landlord
or the landlord's agent shall only charge an application screening fee for an
applicant who is eighteen years of age or older or an emancipated minor[.];
and
(2) If an applicant
provides a landlord or the landlord's agent with a certified copy of the
applicant's criminal background check or credit report received within thirty
days from another landlord or that landlord's agent, the landlord or the
landlord's agent shall not charge an application fee to cover the costs of
obtaining another criminal background check or credit report.
Information sought by the landlord or the landlord's agent charging the fee may include personal reference checks, tenant reports, criminal background checks, and credit reports produced by any consumer credit reporting agency.
(b) Upon request by the applicant, a landlord or the landlord's agent shall provide to the applicant a:
(1) Receipt for payment
of the application screening fee; [and]
(2) Breakdown of costs
covered by the application screening fee[.]; and
(3) Certified
copy of the applicant's criminal background checks and credit reports that are
less than thirty days old.
(c) A 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 within thirty days after the landlord has submitted screening requests.
(d)
If a person is found to have altered or manipulated a criminal
background check or credit report, that person shall be subject to a penalty as
determined by the department of commerce and consumer affairs.
[(d)] (e) 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 3. The department of commerce and consumer affairs shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to establish:
(1) A certification process for a landlord or the landlord's agent to certify copies of criminal background checks and credit reports produced by any consumer credit reporting agency; and
(2) Penalties for a person who is found to have altered or manipulated a criminal background check or credit report.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Rental Application Screening Fee; Criminal Background Check; Credit Report; Certified Copies
Description:
Prohibits
a landlord or the landlord's agent from charging an application fee for a
criminal background check or credit report if an applicant provides a certified
copy of a criminal background check or credit report. Requires a landlord or the landlord's agent
to provide, upon request, a certified copy of an applicant's criminal
background check or credit report.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
