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HB1398 • 2026

RELATING TO PROPERTY.

RELATING TO PROPERTY.

Crime Housing
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
PIERICK, ALCOS, KUSCH, REYES ODA, WARD, Matsumoto
Last action
2025-12-08
Official status
Carried over to 2026 Regular Session.
Effective date
Not listed

Plain English Breakdown

The bill is still in an active legislative process and has not yet been approved.

Rules for Removing People from Property

This bill establishes an expedited process to remove unauthorized persons from property, criminalizes damaging property while occupying it without permission, and penalizes false statements about real estate ownership or fraudulent sale/lease of residential properties.

What This Bill Does

  • Establishes an expedited procedure for property owners to request the removal of unauthorized individuals from their property through a detailed application process.
  • Requires criminal penalties for damaging property while occupying it without permission, with different degrees based on the cost of damage ($1,000 or more is a felony; $100-$999 is a misdemeanor).
  • Makes it illegal to present false documents claiming ownership of real estate and imposes penalties.
  • Imposes criminal penalties for advertising residential property for sale or rent without owning it or having permission from the owner.

Who It Names or Affects

  • Property owners in Hawaii who want to remove unauthorized individuals from their properties.
  • Individuals occupying properties without permission.
  • Law enforcement agencies responsible for enforcing these rules.

Terms To Know

Unauthorized persons
Individuals who are not tenants or former tenants of a property and do not have the owner's permission to be there.
False swearing in official matters
The act of submitting false information under penalty of perjury when applying for removal of unauthorized persons from property.

Limits and Unknowns

  • Does not specify the exact fee required to submit an application.
  • Only applies to properties with at least one residential dwelling unit or commercial building.
  • The bill is still active and awaiting further action in the legislature.

Bill History

  1. 2025-12-08 D

    Carried over to 2026 Regular Session.

  2. 2025-01-27 H

    Referred to JHA, FIN, referral sheet 4

  3. 2025-01-23 H

    Introduced and Pass First Reading.

Official Summary Text

RELATING TO PROPERTY.
Eviction; Squatters; Property; Department of Law Enforcement; Police
Establishes an expedited procedure to remove persons from a property who are not tenants or former tenants. Establishes criminal offenses for persons who illegally occupy and damage property, for making a false statement to detain real property, and for fraudulent sale or lease of residential real property.

Current Bill Text

Read the full stored bill text 
HB1398

HOUSE OF REPRESENTATIVES

H.B. NO.

1398

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to property
.

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

����
SECTION 1.
�
The legislature finds that the right to
exclude persons from entering, and the right to direct persons to immediately
vacate, residential and commercial real property are fundamental property
rights.

����
SECTION 2.
�
Chapter 666, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�666-
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Alternative remedy to remove unauthorized
persons.
�
(a)
�
In addition to any other remedy authorized by
law, a property owner seeking to remove a person from the owner's property may
submit an application to the director of law enforcement.

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(b)
�
The application shall include:

����
(1)
�
A request for
the director of law enforcement to immediately remove a person from the
property;

����
(2)
�
A statement
signed under penalty of perjury that:

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(A)
�
The
individual signing the statement is the owner of the property or the owner's
authorized agent;

���������
(B)
�
T
he person to be removed occupies the property
without the permission of the property owner;

���������
(C)
�
The
property owner has directed the person to be removed to leave the property and that
person continues to occupy the property;

���������
(D)
�
The
person to be removed is not a former tenant of the property;

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(E)
�
The
person to be removed entered the property when the property was not open to the
public;

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(F)
�
The
person to be removed is not an immediate family member of the property owner;
and

���������
(G)
�
There
is no pending litigation between the person to be removed and the property
owner regarding occupation of the property; and

����
(3)
�
An indemnity
provision by which the property owner agrees to indemnify, defend, and hold
harmless the State, any political subdivision of the State, and its officers,
agents, and employees for good faith conduct that was based on the application;

provided that an application shall be processed
upon payment of a fee in the amount of $
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�
���
.

����
(c)
�
Upon receipt of the application and fee, the
director of law enforcement shall conduct a preliminary investigation that may
include reviewing any alleged lease agreement, interviewing neighbors, and
conducting any other relevant inquiries to ascertain the validity of the
application.
�
If the preliminary
investigation indicates probable cause that the assertions made in the application
are valid, then the director of law enforcement shall:

����
(1)
�
Serve notice on
the person to be removed to immediately vacate the property;

����
(2)
�
Remove that
person from the property;

����
(3)
�
Remove any
household goods and personal effects of the person from the property; and

����
(4)
�
Put the property
owner in possession of the property.

����
(d)
�
Any individual who submits an application under
this section that contains false information shall be guilty of the offense of
false swearing in official matters under section 710‑1061.

����
(e)
�
A person wrongfully removed from a property
under this section may bring a civil action for appropriate relief and damages
within two years after the occurrence of the alleged violation.
�
The civil action shall be brought in the
circuit court for the circuit where the property is located.

����
(f)
�
For purposes of this section:

����
"Damages" means damages
for injury or loss caused by each violation of this section, including
reasonable attorney fees.

����
"Director of law
enforcement" includes any designee of the director of law enforcement.
�
The director of law enforcement may designate
the chiefs of police of the counties for purposes of this section, who may then
designate any employee of their respective departments for purposes of this
section.

����
"Property" means real property
with at least one residential dwelling unit or commercial building.

����
"Property owner"
includes an authorized agent of the property owner.
"

����
SECTION 3.
�
Chapter 708, Hawaii Revised Statutes, is
amended by adding two new sections to part III to be appropriately designated
and to read as follows:

����
"
�708-
�
�
��
Criminal
trespasser property damage in the first degree.
�
(1)
�

A person commits the offense of criminal trespasser property damage in
the first degree if:

����
(a)
�
The person
occupies a property having a residential dwelling or commercial building
without the permission of the property owner or authorized agent of the
property owner;

����
(b)
�
The property
owner or authorized agent of the property owner has directed the person to
leave the property and the person continues to occupy the property;

����
(c)
�
The person is
not a former tenant of the property;

����
(d)
�
The person
entered the property when the property was not open to the public;

����
(e)
�
The person is
not an immediate family member of the property owner or of the authorized agent
of the property owner;

����
(f)
�
There is no pending
litigation
between the person and the property owner regarding occupation of the property;
and

����
(g)
�
The person intentionally
damaged a residential dwelling or commercial building on the property and the
cost of damage exceeded $1,000.

����
(2)
�
Criminal trespasser property damage in the
first degree is a class C felony.

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�708-
�
�
��
Criminal trespasser property damage in the
second degree.
�
(1)
�
A person commits the offense of criminal
trespasser property damage in the second degree if:

����
(a)
�
The person
occupies a property having a residential dwelling or commercial building
without the permission of the property owner or authorized agent of the
property owner;

����
(b)
�
The property
owner or authorized agent of the property owner has directed the person to
leave the property and the person continues to occupy the property;

����
(c)
�
The person is
not a former tenant of the property;

����
(d)
�
The person
entered the property when it was not open to the public;

����
(e)
�
The person is
not an immediate family member of the property owner or of the authorized agent
of the property owner;

����
(f)
�
There is no
pending litigation between the person and the property owner regarding
occupation of the property; and

����
(g)
�
The person
intentionally damaged a residential dwelling or commercial building on the
property and the cost of the damage exceeded $100.

����
(2)
�
Criminal trespasser property damage in the
first degree is a misdemeanor.
"

����
SECTION 4.
�
Chapter 708, Hawaii Revised Statutes, is
amended by adding two new sections to part VI to be appropriately designated
and to read as follows:

����
"
�708-
��
��
False
statement to detain real property.
�

(1)
�
A person commits the
offense of false statement to detain real property if the person intentionally
or knowingly presents a false document purporting to convey real property
rights to another.

����
(2)
�
False statement to detain real property is a misdemeanor.

����
�708-
��
��
Fraudulent
sale or lease of residential real property.
�

(1)
�
A person commits the
offense of
fraudulent sale or lease of residential real
property
if the person:

����
(a)
�
Intentionally
or knowingly lists or advertises residential real property for sale or rent;
and

����
(b)
�
Does not own
the residential real property or have permission from the owner or owner's
authorized agent of the residential real property to list or advertise the
residential real property for sale or rent.

����
(2)
�
Fraudulent sale or lease of residential real
property is a class C felony.
"

����
SECTION 5.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 6.
�
New statutory material is underscored.

����
SECTION 7.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Eviction;
Squatters; Property; Department of Law Enforcement; Police

Description:

Establishes
an expedited procedure to remove persons from a property who are not tenants or
former tenants.
�
Establishes criminal
offenses for persons who illegally occupy and damage property, for making a false
statement to detain real property, and for fraudulent sale or lease of
residential real property.

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