Bill Text: HI SB249 | 2019 | Regular Session | Introduced
Bill Title: Relating To The Residential Landlord-tenant Code.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2019-01-22 - Referred to CPH. [SB249 Detail]
Download: Hawaii-2019-SB249-Introduced.html
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THE SENATE |
S.B. NO. |
249 |
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THIRTIETH LEGISLATURE, 2019 |
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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. 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. (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 to cover the costs of obtaining
information about the applicant.
(b) A landlord or the landlord's agent shall not
charge an applicant an application screening fee when the landlord or the
landlord's agent knows or should have known that the rental unit is either
unavailable at that time or will not become available within the time stated in
an advertisement or in a written notice provided to the applicant.
(c) The amount of the application screening fee
shall not exceed $25 per applicant.
(d) The landlord or landlord's agent shall waive
subsequent application screening fees for a period of up to three months after
the date of the original application if the same applicant applies to rent
residential properties that the landlord or landlord's agent owns or manages.
(e) If an application screening fee has been paid
by the applicant, the landlord or the landlord's agent shall provide to the
applicant a receipt for payment of the application screening fee and a copy of
any report obtained by the landlord or landlord's agent.
(f) The landlord or 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.
(g) For the purposes of this section:
"Applicant" means any
person who makes a request to a landlord or a landlord's agent to rent a
dwelling unit with the intention of signing a rental agreement, or any person
who agrees to act as a guarantor or cosigner for a person making a request to
rent a dwelling unit on a rental agreement.
"Application screening
fee" means any payment charged by a landlord or a landlord's agent to an
applicant to offset the cost of personal reference checks, tenant reports, and
credit reports produced by any consumer credit reporting agency.
"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, 2019.
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INTRODUCED BY: |
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Report Title:
Residential Landlord-Tenant Code; Application Screening Fee
Description:
Allows a landlord or landlord's agent to charge an application screening fee as part of the applicant screening process for renting residential property. Limits the amount that may be charged for an application screening fee. Requires the landlord or landlord's agent to return any unauthorized fee amounts to the applicant.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
