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HB699
HOUSE OF REPRESENTATIVES
H.B. NO.
699
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to pet animals
.
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 pet ownership can complicate
a pet owner's search for housing.
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Pet
owners may encounter barriers when trying to buy or rent a home due to various
factors, such as difficulties obtaining homeowners insurance, breed
restrictions in insurance policies, and expensive pet deposits.
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The legislature recognizes that these housing
difficulties can lead to some pet owners surrendering or rehoming their pet
animals, which can have a detrimental impact on both the owner and the pet
animal and can strain the resources of animal rescue organizations.
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A recent survey of households on Oahu found that
thirty per cent of respondents were forced to surrender a pet in the past five
years and that the lack of pet friendly housing was the number one reason cited
for why the pet was surrendered.
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Accordingly, the purpose of this Act
is to provide protections for pet owners and pet animals by:
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(1)
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Prohibiting insurers from refusing to issue or renew,
canceling, restricting, otherwise terminating, or charging higher rates for a commercial
general liability insurance policy, homeowners insurance policy, renters
insurance policy, or dwelling fire policy based on the breed of any dog that is
kept on the insured premises
;
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(2)
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Prohibiting landlords from charging additional
monthly fees for the keeping of a pet animal, except in certain circumstances;
and
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(3)
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Limiting the
monetary amount that a landlord may charge for a pet deposit.
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SECTION 2.
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Chapter 431, Hawaii Revised Statutes, is
amended by adding a new part to article 10 to be appropriately designated and
to read as follows:
"
Part .
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MISCELLANEOUS PROVISIONS
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431:10-
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Breed restrictions; prohibited.
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(a)
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No insurer shall deny or refuse to accept an
application for insurance, refuse to insure, refuse to renew, cancel, restrict,
or otherwise terminate a commercial general liability insurance policy or
charge a different rate for the same coverage, on the basis of the breed of any
dog that is kept on the insured premises.
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(b)
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Notwithstanding subsection (a), an insurer may refuse to insure, refuse
to renew, cancel, restrict, or otherwise terminate a commercial general
liability insurance policy or charge a different rate for the same coverage, if
a dog being kept on the insured premises has been declared a vicious or
dangerous dog by a county law enforcement agency."
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SECTION 3.
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Chapter 431, Hawaii Revised Statutes, is
amended by adding a new part to article 10E to be appropriately designated and
to read as follows:
"
Part .
�
MISCELLANEOUS PROVISIONS
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�
431:10E-
�
Breed restrictions; prohibited.
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(a)
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No insurer shall deny or refuse to accept an
application for insurance, refuse to insure, refuse to renew, cancel, restrict,
or otherwise terminate a homeowners insurance policy, renters insurance policy,
or dwelling fire policy, or charge a different rate for the same coverage, on
the basis of the breed of any dog that is kept on the insured premises.
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(b)
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Notwithstanding subsection (a), an insurer may refuse to insure, refuse
to renew, cancel, restrict, or otherwise terminate a homeowners insurance
policy, renters insurance policy, or dwelling fire policy, or charge a
different rate for the same coverage, if a dog being kept on the insured premises
has been declared a vicious or dangerous dog by a county law enforcement
agency."
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SECTION
4
.
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Section 521-21,
Hawaii Revised Statutes, is amended to read as follows:
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"
�521-21
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Rent.
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(a)
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The landlord and tenant may agree to any consideration, not otherwise
prohibited by law, as rent.
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In the
absence of such agreement, and subject to section 521-71(e) in the case of
holdover tenants, the tenant shall pay to the landlord the fair rental value
for the dwelling unit.
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(b)
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Rents shall be payable at the time and place agreed to by the
parties.
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Unless otherwise agreed, the
entire rent shall be payable at the beginning of any term for one month or
less, and for longer terms in equal monthly installments payable at the
beginning of each month.
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When a rental
agreement with a public assistance recipient requires that the rent be paid on
or before the third day after the day on which the public assistance check is
usually received, the tenant shall have the option of establishing a new due
date by making a one-time payment to cover the period between the original due
date and the newly established date.
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The
new date shall not exceed by more than three days, excluding Saturdays,
Sundays, and holidays, the date on which checks are mailed.
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The one-time payment shall be established by
dividing the monthly rental by thirty and multiplying the result by the number
of days between the original and the new due dates.
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(c)
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Except as otherwise provided in subsection (b), rent shall be uniformly
apportionable from day to day.
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(d)
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When the tenancy is from month to month, the amount of rent for such
tenancy shall not be increased by the landlord without written notice given
forty-five consecutive days prior to the effective date of the increase.
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(e)
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When the tenancy is less than month to month, the amount of rent for
such tenancy shall not be increased by the landlord without written notice
given fifteen consecutive days prior to the effective date of the increase.
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(f)
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Where the rental agreement provides for a late charge payable to the
landlord for rent not paid when due, the late charge shall not exceed eight per
cent of the amount of rent due.
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(g)
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Landlords shall not charge any additional
monthly fees associated with keeping a pet animal; provided that a landlord of
a multi-dwelling unit with dedicated common areas for pet animals may charge an
additional rent of no more than 0.5 per cent of the tenant's gross rent;
provided further that this amount shall be utilized exclusively to provide
maintenance to common areas dedicated for pet animals.
"
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SECTION
5
.
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Section 521-44,
Hawaii Revised Statutes, is amended by amending subsection (b) to read as
follows:
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"(b)
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The landlord may require, as a condition of a
rental agreement, a security deposit to be paid by or for the tenant for the
items in subsection (a) and no others in an amount not in excess of a sum equal
to one month's rent, plus an amount agreed upon by the landlord and tenant to
compensate the landlord for any damages caused by any pet animal allowed to
reside in the premises pursuant to the rental agreement; provided that the
additional security deposit amount for a pet animal under this subsection:
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(1)
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Shall not be
required:
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(A)
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From any tenant
who does not have a pet animal that resides in the premises; or
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(B)
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For an assistance
animal that is a reasonable accommodation for a tenant with a disability
pursuant to section 515-3; and
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(2)
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Shall be in an
amount not in excess of a sum equal to one
third of one
month's rent.
The landlord may not require or receive from or on
behalf of a tenant at the beginning of a rental agreement any money other than
the money for the first month's rent and a security deposit as provided in this
section.
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No part of the security deposit
shall be construed as payment of the last month's rent by the tenant, unless
mutually agreed upon, in writing, by the landlord and tenant if the tenant
gives forty-five days' notice of vacating the premises; in entering such
agreement, the landlord shall not be deemed to have waived the right to pursue
legal remedies against the tenant for any damages the tenant causes.
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Any such security deposit shall be held by
the landlord for the tenant and the claim of the tenant to the security deposit
shall be prior to the claim of any creditor of the landlord, including a
trustee in bankruptcy, even if the security deposits are commingled."
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SECTION 6.
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New statutory material is underscored.
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SECTION 7.
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This Act shall take effect upon its approval
and shall apply to:
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(1)
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All commercial
general liability insurance policies, homeowners insurance policies, renters
insurance policies, and dwelling fire policies offered, delivered, issued, or
renewed on or after the effective date of this Act; and
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(2)
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All rental
agreements entered into or renewed on or after the effective date of this Act.
INTRODUCED BY:
_____________________________
Report Title:
Pet
Animals; Commercial General Liability Insurance Policies; Homeowners Insurance
Policies; Renters Insurance Policies; Dwelling Fire Policies; Breed
Restrictions; Landlord-Tenant Code; Rent; Security Deposits
Description:
Prohibits
insurers from refusing to issue or renew, canceling, restricting, otherwise
terminating, or charging higher rates for a commercial general liability
insurance policy, homeowners insurance policy, renters insurance policy, or
dwelling fire policy based on the breed of any dog that is kept on the insured
premises.
�
Prohibits landlords from
charging additional monthly fees for the keeping of a pet animal, except in
certain circumstances.
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Prohibits
landlords from charging more than one-third of one month's rent as an
additional pet animal security deposit.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.