Haw. Rev. Stat. § 521-7

Current through the 2024 Legislative Session

Section 521-7 - Exclusions from application of chapter

Unless created solely to avoid the application of this chapter, this chapter shall not apply to:

(1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services;

(2) Residence in a structure directly controlled and managed by:

(A) The University of Hawaii or any other university or college in the State for housing its own students or faculty or residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university; or

(B) A private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State;

(3) Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser;

(4) Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization;

(5) Transient occupancy on a day-to-day basis in a hotel or motel;

(6) Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon that employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant;

(7) A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease;

(8) Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner's rights;

(9) Occupancy by the seller of residential real property after the transfer of the seller's ownership rights;

(10) Occupancy in a homeless facility or any other program for the homeless authorized under part XVII of chapter 346;

(11) Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program;

(12) Residence or occupancy in a transitional facility for abused family or household members; or

(13) Residence or occupancy in a structure or on a property directly controlled, owned, or managed by the Hawaii public housing authority.

HRS § 521-7

Amended by L 2018, c 194,§ 2, eff. 11/1/2018.

Amended by L 2017, c 114,§ 1, eff. 7/10/2017.

Amended by L 2012, c 43, § 1, eff. 4/24/2012.

L 1972, c 132, pt of §1; am L 1986, c 112, §1; am L 1988, c 307, §1; am L 1991, c 18, §1 and c 212, §8; am L 1994, c 248, §1; am L 1995, c 43, §1; am L 1997, c 350, §14; am L 1998, c 11, §27; am L 2005, c 196, §26(a); am L 2006, c 24, §6 and c 180, §16; am L 2007, c 193, §5 as superseded by c 249, §30; am L 2010, c 89, §11 .