RELATING TO PROPERTY.

HB2197

HOUSE OF REPRESENTATIVES

H.B. NO.

2197

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO PROPERTY
.

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

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SECTION 1.
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The
legislature finds that the fundamental rights of owning property include the
right of property owners to exclude others from entering or remaining
unlawfully on their properties.
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The legislature
further finds that squatting, or the unauthorized entry into or remaining in a
dwelling, is a violation of the rights of property owners and is against the public
interest.
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Squatters often make dwellings
unhabitable by causing property damage, or deny potentially responsible tenants
the opportunity to move into the dwellings.
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The legislature believes that decisive action is necessary to deter this
behavior.

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Accordingly, the purpose of this Act is to
protect residential property rights by:

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(1)
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Specifying
a process by which property owners may utilize law enforcement officers to remove
unauthorized individuals from dwellings;

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(2)
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Establishing
the criminal offenses of:

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(A)
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Squatting;
and

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(B)
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Fraudulent
sale or lease of residential real property;

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(3)
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Classifying
the type of property damage typically inflicted by squatters as a form of
criminal property damage in the second degree; and

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(4)
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Classifying
the falsification of documentation typically performed by squatters as a form
of unsworn falsification to authorities.

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SECTION 2.
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The Hawaii Revised Statutes is amended by adding a new chapter to title
28 be appropriately designated and to read as follows:

"
Chapter

REMOVAL
OF UNAUTHORIZED INDIVIDUALS FROM DWELLINGS

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"
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-1
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Definitions
.
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For the purposes of this chapter, unless the
context otherwise requires:

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"Agent"
means the representative of an owner.

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"Dwelling"
shall have the same meaning as in section 708‑800.

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"Holdover
tenant" means a tenant who has remained in a dwelling after the
termination of a rental agreement, as described in section 521-71(e).

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"Immediate
family member" shall have the same meaning as in section 454F-1.

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"Owner"
means the owner of a dwelling.

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"Tenant"
shall have the same meaning as in section 521-8.

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"
U
nauthorized individual" means any individual who has entered and is occupying
a dwelling without the authorization of the owner or an agent of the owner.

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"Unauthorized individual" does
not include any tenant or holdover tenant of the dwelling, or any immediate
family member of the owner.

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Removal of an unauthorized individual from a dwelling
.
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(a)
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The owner of a dwelling, or an agent of the
owner, may request that an unauthorized individual be removed from the dwelling
pursuant to this section if the owner or agent first posts at the dwelling a
notice to vacate.
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The notice shall:

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(1)
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Inform
the unauthorized individual that the individual has no right to the dwelling
and must vacate immediately; and

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(2)
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Include
the street address of the law enforcement agency from which the owner or agent
will seek assistance to remove the unauthorized individual from the property.

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(b)
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If the unauthorized individual fails to
vacate the property within twenty-four hours of the posting of the notice, the owner
or agent may request that the unauthorized individual be removed from the
dwelling by submitting a sworn or affirmed affidavit to a law enforcement
agency in the county where the dwelling is located.
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The affidavit shall confirm that:

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(1)
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The
affiant is the owner of the dwelling or an agent of the owner;

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(2)
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An
unauthorized individual has entered into and is remaining in the dwelling unlawfully;

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(3)
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The unauthorized individual is not a tenant,
holdover tenant, or an immediate family member of the owner;

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(4)
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A
notice has been posted at the dwelling pursuant to subsection (a), and the
unauthorized individual failed to vacate the dwelling within twenty-four hours
of the posting of the notice;

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(5)
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There
is no pending litigation related to the dwelling between the property owner and
the unauthorized individual.

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(c)
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The recitals in the affidavit required under
subsection (b) may, but need not, be substantially in the following form:

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"(1)
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I
am the owner, or an agent of the owner, of the real property located at
______________;

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(2)
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The real property is a dwelling;

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(3)
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An unauthorized individual has
unlawfully entered and currently occupies the dwelling;

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(4)
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The unauthorized individual is not a
tenant, holdover tenant, or an immediate family member of the owner, and any
lease that may be produced by the unauthorized individual is fraudulent;

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(5)
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The
unauthorized individual does not have an ownership interest in the property and
is not listed on the title to the property, unless the individual has engaged
in title fraud;

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(6)
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There
is no litigation related to the dwelling pending between the owner, or his or
her agent, and any unauthorized individual;

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(7)
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Notice
was posted at the dwelling, and evidence of the notice, including the date and
time of delivery, is attached;

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(8)
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I
understand that an individual wrongfully removed from the property pursuant to
this affidavit may bring a cause of action against me for any false statements
made in the affidavit, or for the wrongful use of this procedure, and that, as
a result of the action, I may be held liable for actual damages, penalties,
costs, and reasonable attorney fees;

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(9)
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I
am requesting a law enforcement officer to remove the unauthorized individual
from the dwelling as soon as possible;

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(10)
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A
copy of my valid government-issued identification is attached, or I am an agent
of the property owner, and documents evidencing my authority to act on the
property owner's behalf are attached; and

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(11)
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This affidavit is signed under penalty
of perjury."

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(d)
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A copy of the notice required pursuant to
subsection (a), including the date and time of the posting, shall be attached
to the affidavit.

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(e)
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Upon receipt of the affidavit required by subsection (b) and a copy of
the notice required by subsection (d), the law enforcement agency shall verify
that the affiant is the record owner of the dwelling, or an agent of the owner,
and appears to be otherwise entitled to relief.
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Upon verification and after at least twenty-four hours from receipt of
the affidavit, the law enforcement agency shall serve on the unauthorized
individual a notice to immediately vacate.
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Service may be accomplished by hand delivery
of the notice to any unauthorized individual occupying the dwelling or by
posting

notice on
the front door or entrance of the dwelling.
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Law enforcement officers shall also attempt to
verify the identities of all individuals occupying the dwelling and note the
identities on the return of service.
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If
appropriate, a law enforcement officer may arrest an unauthorized individual
found in the dwelling for trespass, burglary, theft, or any other criminal act,
or for any outstanding warrant.

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(f)
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An affiant who knowingly provides a false affidavit to law enforcement
pursuant to this chapter may be prosecuted for perjury under section 710-1060.

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Protections; law enforcement; governmental entities
.
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(a)
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No law enforcement officer, governmental
entity, or political subdivision of the State shall be held liable for any action
or omission made in good faith pursuant to this chapter.

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(b)
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No law enforcement officer shall be liable to
an unauthorized individual or any other party for the loss, destruction, or
damaging of property during the officer's good faith execution of the duties
and powers authorized by this section.

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Wrongful removal actions
.
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(a)
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An
individual may bring a civil cause of action against an affiant for wrongful
removal under this chapter.

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(b)
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An individual harmed by a wrongful removal
under this chapter may have the possession of the dwelling restored and may
recover actual costs and damages incurred, as well as punitive damages of
triple the fair market rent for the dwelling, plus court costs and reasonable
attorney fees.

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No limitations on owners; agents; law enforcement.
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This
chapter shall not be construed to limit:

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(1)
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The
rights of an owner or agent to other remedies provided by law; or

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(2)
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The
authority of any law enforcement officer to arrest the unlawful occupant of a property
for trespassing, theft, burglary, or other crimes.

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Fee.
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A law enforcement agency may charge a fee of
not more than $
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to process an
affidavit filed pursuant to section
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-2."

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

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"
�708-
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Squatting.
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(1)
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A person commits the offense of squatting if the person intentionally or
knowingly enters unlawfully into a dwelling that is:

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(1)
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Otherwise
unoccupied; or

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(2)
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Otherwise
occupied by other persons whom the person knows, or should know, are unlawfully
occupying the dwelling.

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(2)
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Squatting is a class C felony.

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�708-
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Fraudulent sale or lease of residential real property.
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(1)
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A person commits the offense of fraudulent
sale or lease of residential real property if the person intentionally:

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(1)
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Lists
or advertises residential real property for sale knowing that that the person
or purported seller has no legal title or authority to sell the property; or

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(2)
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Rents
or leases residential real property to another person knowing that the person
or purported lessor has no legal ownership or other authority to lease the
property.
"

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

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SECTION
4
.
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Section 708-821, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:

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"(1)
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A person commits the offense of criminal property damage in the second
degree if [
by means other than fire
]:

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(a)
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The
person intentionally or knowingly damages
, by means other than fire,
the
property of another, without the other's consent, by the use of widely
dangerous means;

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(b)
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The
person intentionally or knowingly damages
, by means other than fire,
the
property of another, without the other's consent, in an amount exceeding
$1,500; [
or
]

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(c)
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The
person intentionally or knowingly damages
, by means other than fire,
the
agricultural equipment, supplies, or products or aquacultural equipment,
supplies, or products of another, including trees, bushes, or any other plant
and livestock of another, without the other's consent, in an amount exceeding
$500.
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In calculating the amount of
damages to agricultural products, the amount of damages includes future losses
and the loss of future production[
.
]
; or

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(d)
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The
person knowingly enters or remains unlawfully in a dwelling and intentionally
or knowingly damages, by means other than fire, the dwelling, in an amount exceeding
$
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�
.
"

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SECTION
5
.
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Section 710-1063, Hawaii Revised Statutes, is
amended by amending subsection (1) to read as follows:

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"
(1)
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A person commits the offense of unsworn
falsification to authorities if, with an intent to mislead a public servant in
the performance of the public servant's duty, the person:

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(a)
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Makes any statement, in written, printed, or
electronic form, which the person does not believe to be true, in an
application for any pecuniary or other benefit or in a record or report
required by law to be submitted to any governmental agency;

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(b)
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Knowingly makes a false
statement in written, printed, electronic, or oral form, to a state
investigator or a county inspector during an investigation into compliance with
any state law, rule, or regulation or any county ordinance, rule, or
regulation;

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(c)
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Submits or invites reliance on any statement,
document, or record, in written, printed, or electronic form, which the person
knows to be falsely made, completed, or altered; [
or
]

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(d)
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Submits or invites reliance on any sample,
specimen, map, boundary-mark, or other object the person knows to be false[
.
]
;
or

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(e)
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Knowingly
presents to any law enforcement officer or government official with the intent
to remain upon real property a false document purporting to

be a lease agreement, deed, or other instrument conveying or providing a
right to, or in, the real property.
"

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SECTION 6.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 7.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 8.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Real
Property; Dwellings; Squatters; Removal; Hawaii Penal Code

Description:

Specifies
a process by which property owners may utilize law enforcement officers to
remove unauthorized individuals from dwellings.
�

Establishes the criminal offenses of squatting and fraudulent sale or
lease of residential real property.
�
Classifies
the type of property damage typically inflicted by squatters as a form of
criminal property damage in the second degree.
�

Classifies the falsification of documentation typically performed by
squatters as a form of unsworn falsification to authorities.

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