Bill Text: HI HB644 | 2024 | Regular Session | Amended
Bill Title: Relating To The Residential Landlord-tenant Code.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB644 Detail]
Download: Hawaii-2024-HB644-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
644 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
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:
"§521- Application screening fee. (a) When a landlord or the landlord's agent
receives a request from an applicant to rent residential property, the landlord
or the landlord's agent may charge the applicant an application screening fee
at the time the application is processed for the residential property to cover
the costs of obtaining information about the applicant; provided that 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 and whose income is
being used to meet financial qualifications for the rental application process. 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) 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.
(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) For the purposes of this section:
"Consumer
credit reporting agency" has the same meaning as in 489P-2.
"Credit report" has the same meaning as in section 489P-2."
SECTION 2. The office of consumer protection of the department of commerce and consumer affairs shall produce and make available informational materials to provide landlords and applicants with notice regarding the specific rights and obligations established pursuant to this Act and shall widely publicize the requirements for application screening fees under this Act.
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.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on June 30, 3000; provided that section 2 of this Act shall take effect on May 1, 2024.
Report Title:
Residential Landlord-Tenant Code; Application Screening Fee; Tenant Report; Credit Report; OCP; Informational Materials
Description:
Allows a landlord or landlord's agent to charge an application screening fee for certain applicants at the time a rental application is processed for residential property. Requires the landlord or landlord's agent to provide a receipt for payment of the application screening fee and a breakdown of the application screening fee. Requires the landlord or landlord's agent to return any unauthorized fee amounts to the applicant. Requires, on 5/1/2024, the office of consumer protection to produce and make available informational materials and publicize requirements regarding application fees and related rights and obligations. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
