reglab/housing_qa huggingface dataset:
HI Rev Stat § 521-78 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-78 Rent trust fund.

  §521-78 Rent trust fund. (a) At the request of either the tenant or the landlord in any court proceeding in which the payment or nonpayment of rent is in dispute, the court shall order the tenant to deposit any disputed rent as it becomes due into the court as provided under subsection (c), and in the case of a proceeding in which a rent increase is in issue, the amount of the rent prior to the increase; provided that the tenant shall not be required to deposit any rent where the tenant can show to the court's satisfaction that the rent has already been paid to the landlord; provided further that if the parties had executed a signed, written instrument agreeing that the rent could be withheld or deducted, the court shall not require the tenant to deposit rent into the fund. No deposit of rent into the fund ordered under this section shall affect the tenant's rights to assert either that payment of rent was made or that any grounds for nonpayment of rent exist under this chapter.  (b) If the tenant is unable to comply with the court's order under subsection (a) in paying the required amount of rent into the court, the landlord shall have judgment for possession and execution shall issue accordingly. The writ of possession shall issue to the sheriff or to a police officer of the circuit where the premises are situated, commanding the sheriff or police officer to remove all persons from the premises, and to put the landlord, or the landlord's agent, into the full possession thereof.  (c) The court in which the dispute is being heard shall accept and hold in trust any rent deposited under this section and shall make such payments out of money collected as provided herein. The court shall order payment of such money collected or portion thereof to the landlord if the court finds that the rent is due and has not been paid to the landlord and that the tenant did not have any basis to withhold, deduct, or otherwise set off the rent not paid. The court shall order payment of such money collected or portion thereof to the tenant if the court finds that the rent is not due or has been paid, or that the tenant had a basis to withhold, deduct, or otherwise set off the rent not paid.  (d) The court shall, upon finding that either the landlord or the tenant raised the issue of payment or nonpayment of rent in bad faith, order that person to pay the other party reasonable interest on the rent deposited into the court. [L 1978, c 75, §2; am L 1981, c 235, §5; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11] Cross References  Sheriff, etc., see §26-14.6. Case Notes  Mentioned: 74 H. 294, 845 P.2d 1186 (1992).
HI Rev Stat § 521-79 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-79 Definitions.

  §521-79 Definitions. For the purposes of this part, "domestic violence" shall have the same meaning as "domestic abuse" as defined in section 586-1. [L 2015, c 220, pt of §1]
HI Rev Stat § 521-81 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-81 Change of locks; victims of domestic violence.

  §521-81 Change of locks; victims of domestic violence. (a) Subject to subsections (b) and (c), if a tenant of a dwelling unit or an immediate family member of the tenant has been the victim of domestic violence and the tenant does not elect to be released from the rental agreement pursuant to section 521-80, the tenant may require the landlord to change the locks to the dwelling unit by submitting a request to the landlord to do so.  (b) Within three days of the receipt of the request in subsection (a), the landlord shall change the locks at the tenant's expense. If the landlord fails to act within the three-day period, the tenant may change the locks without the landlord's permission and shall give the landlord a key to the new locks.  (c) If the person who committed domestic violence against the tenant or immediate family member of the tenant is also a party to the rental agreement, the locks shall not be changed unless there is a court order requiring the person to vacate the dwelling unit and a copy of the order has been furnished to the landlord.  (d) The tenant shall not be required to pay any additional rent, fees, or security deposit because of the exclusion of the person who committed domestic violence from the dwelling unit.  (e) The person who committed domestic violence against the tenant or immediate family member of the tenant shall not be entitled to any damages or other relief against the landlord or the tenant who in good faith complies with this section. [L 2015, c 220, pt of §1]
HI Rev Stat § 521-82 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|521. Residential Landlord-Tenant Code|521-82 Court order to vacate; domestic violence.

  §521-82 Court order to vacate; domestic violence. (a) If a court of competent jurisdiction, in an action relating to domestic violence, has ordered the person who committed domestic violence against the tenant or immediate family member of the tenant to vacate the dwelling unit, upon issuance of the order, neither the landlord nor the tenant shall have any duty to:  (1) Allow the person access to the dwelling unit, unless the person is accompanied by a law enforcement officer; or   (2) Provide the person with keys to the dwelling unit.  (b) If the person is a party to the rental agreement, then upon issuance of the court order requiring the person to vacate the dwelling unit, the person's interest in the tenancy shall terminate, and the landlord and tenant shall be entitled to any actual damages resulting from that termination.  (c) Pursuant to section 521-80, the landlord shall return security deposits recoverable under section 521-44 and recoverable prepaid rent following the termination of the rental agreement and the surrender of the dwelling unit to the landlord.  (d) The tenant shall not be required to pay any additional rent, fees, or security deposit because of the termination of the person's interest as a tenant of the dwelling unit. [L 2015, c 220, pt of §1]
HI Rev Stat § 523A-3.5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-3.5 Gift certificates and gift cards.

  §523A-3.5 Gift certificates and gift cards. (a) This part shall not apply to a gift certificate or gift card; provided the gift certificate or gift card has no expiration date, no expiration period, and no type of post-sale charge or fee (including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges).  (b) This part shall not apply to a gift certificate or gift card that has an expiration date, expiration period, or any type of post-sale charge or fee, including but not limited to service charges, dormancy fees, account maintenance fees, cash-out fees, replacement card fees, and activation or reactivation charges if:  (1) The gift certificate or gift card was issued before January 1, 2010; and  (2) It is the policy and practice of the issuer of the gift certificate or gift card to:  (A) Honor the gift certificate or gift card after its expiration date or the end of its expiration period; and  (B) Eliminate all post-sale charges and fees.  (c) As used in this section, "gift certificate" or "gift card":  (1) Means a written promise or electronic payment device that:  (A) Is usable at a single merchant or an affiliated group of merchants that share the same name, mark, or logo, or is usable at multiple, unaffiliated merchants or service providers;  (B) Is issued in a specific amount (which may or may not be denominated on the gift certificate or gift card);  (C) May or may not be increased in value or reloaded;  (D) Is purchased, or loaded, or both, on a prepaid basis for the future purchase or delivery of any goods or services; and  (E) Is honored upon presentation.  (2) Shall not include:  (A) An electronic payment device linked to a deposit account, or prepaid telephone calling cards;  (B) Flexible spending arrangements as defined in section 106(c)(2) of the Internal Revenue Code (26 U.S.C. 106(c)(2)); flexible spending accounts subject to section 125 of the Internal Revenue Code (26 U.S.C. 125), Archer MSAs as defined in section 220(d) of the Internal Revenue Code (26 U.S.C. 129); dependent care reimbursement accounts subject to section 129 of the Internal Revenue Code (26 U.S.C. 129); health savings accounts subject to section 223(d) of the Internal Revenue Code (26 U.S.C. 223(d)), as amended by section 1201 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (P.L. 108-173); or similar accounts for which, under the Internal Revenue Code and its implementing regulations, individuals may pay medical expenses, health care expenses, dependent care expenses, or similar expenses on a pretax basis. As used in this subparagraph, "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended; and  (C) Payroll cards or other electronic payment devices that are linked to a deposit account and that are given in exchange for goods or services rendered. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-4 Contents of safe deposit box or other safekeeping depository.

  §523A-4 Contents of safe deposit box or other safekeeping depository. Tangible property held in a safe deposit box or other safekeeping depository in this State in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, shall be presumed abandoned if the property remains unclaimed by the owner for more than five years after expiration of the lease or rental period on the box or other depository. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-5 Rules of taking custody.

  §523A-5 Rules of taking custody. Except as otherwise provided in this part or by other statute of this State, property that is presumed abandoned, whether located in this or another state, shall be subject to the custody of this State if:  (1) The last known address of the apparent owner, as shown on the records of the holder, is in this State;  (2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this State;  (3) The records of the holder do not reflect the last known address of the apparent owner and it is established that:  (A) The last known address of the person entitled to the property is in this State; or  (B) The holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property;  (4) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State;  (5) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this State or is a government or governmental subdivision, agency, or instrumentality of this State;  (6) The transaction out of which the property arose occurred in this State, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property; or  (7) The property is a traveler's check or money order purchased in this State, or the issuer of the traveler's check or money order has its principal place of business in this State and the issuer's records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-6 Dormancy charge.

  §523A-6 Dormancy charge. A holder may deduct from property presumed abandoned a charge imposed by reason of the owner's failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the owner under which the holder may impose the charge and the holder regularly imposes the charge, which is not regularly reversed or otherwise canceled. The amount of the deduction shall be limited to an amount that is not unconscionable. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-7 Burden of proof as to property evidenced by record of check or draft.

  §523A-7 Burden of proof as to property evidenced by record of check or draft. A record of the issuance of a check, draft, or similar instrument shall be prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment shall be satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that shall be established by the holder. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-9 Payment or delivery of abandoned property.

  §523A-9 Payment or delivery of abandoned property. (a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required by section 523A-8, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the administrator the property described in the report as unclaimed; provided that if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance shall be extended until a penalty or forfeiture would no longer result. Tangible property held in a safe deposit box or other safekeeping depository shall not be delivered to the administrator until an additional one hundred twenty days after the time for payment or delivery to the administrator of property presumed abandoned as required by this subsection.  (b) If the property reported to the administrator is a security or security entitlement under article 8 of the Uniform Commercial Code €“ Investment Securities, the administrator shall be an appropriate person to make an indorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with article 8 of the Uniform Commercial Code €“ Investment Securities.  (c) If the holder of property reported to the administrator is the issuer of a certificated security, the administrator shall have the right to obtain a replacement certificate pursuant to section 490:8-405; provided that an indemnity bond shall not be required.  (d) An issuer, the holder, and any transfer agent or other person acting pursuant to the instructions of and on behalf of the issuer or holder in accordance with this section shall not be liable to the apparent owner and shall be indemnified against claims of any person in accordance with section 523A-11. [L 2008, c 55, pt of §1; am L 2012, c 229, §1]
HI Rev Stat § 523A-10 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-10 Notice and publication of lists of abandoned property.

  §523A-10 Notice and publication of lists of abandoned property. (a) The administrator shall publish a notice not later than March 1 of the year next following the report required by section 523A-8 at least once statewide. The notice shall be in a form that, in the judgment of the administrator, is likely to attract the attention of the apparent owner of the unclaimed property. The form shall contain:  (1) The name of each person appearing to be the owner of the property, as set forth in the report filed by the holder;  (2) The last known address or location of each person appearing to be the owner of the property, if an address or location is set forth in the report filed by the holder;  (3) A statement explaining that property of the owner is presumed to be abandoned and has been taken into the protective custody of the administrator; and  (4) A statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon request to the administrator.  (b) The notice shall be given by using one or more of the following methods:  (1) Posting on the State of Hawaii, department of budget and finance internet website;  (2) Publication in a daily or weekly publication of statewide circulation; or  (3) Any other method the administrator deems effective for publicizing the notice.  (c) The administrator shall not be required to advertise the name and address or location of an owner of property having a total value less than $100, or information concerning a traveler's check, money order, or similar instrument. [L 2008, c 55, pt of §1]
HI Rev Stat § 523A-12 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-12 Crediting of dividends, interest, and increments to owner's account.

  §523A-12 Crediting of dividends, interest, and increments to owner's account. If property other than money is delivered to the administrator under this part, the owner shall be entitled to receive from the administrator any income or gain realized or accruing on the property at or before liquidation or conversion of the property into money. If the property was an interest-bearing demand, savings, or time deposit, including a deposit that is automatically renewable, the administrator shall pay simple interest at the legal rate of interest established in section 478-2, or any lesser rate the property earned while in the possession of the administrator. Interest shall begin to accrue when the property is delivered to the administrator and ceases on the earlier of the expiration of ten years after delivery or the date on which payment is made to the owner. Interest on interest-bearing property shall not be payable for any property delivered to the administrator before July 1, 2009. [L 2008, c 55, pt of §1] Revision Note  "July 1, 2009" substituted for "the effective date of this chapter".
HI Rev Stat § 523A-13 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-13 Public sale of abandoned property.

  §523A-13 Public sale of abandoned property. (a) Except as otherwise provided in this section, the administrator, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale at a location in the State which in the judgment of the administrator affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator considers the bid to be insufficient. The administrator need not offer the property for sale if the administrator considers that the probable cost of sale will exceed the proceeds of the sale. A sale held under this section shall be preceded by a single publication of notice, at least three weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold.  (b) Securities listed on an established stock exchange shall be sold at prices prevailing on the exchange at the time of sale. Other securities may be sold over-the-counter at prices prevailing at the time of sale or by any reasonable method selected by the administrator. If securities are sold by the administrator before the expiration of three years after their delivery to the administrator, a person making a valid claim under this part before the end of the three-year period shall be entitled to the proceeds of the sale of the securities or the market value of the securities at the time the valid claim is made, whichever is greater, plus dividends, interest, and other increments thereon up to the time the valid claim is made, less any deduction for expenses of sale. A person making a valid claim under this part after the expiration of the three-year period shall be entitled to receive the securities delivered to the administrator by the holder, if they still remain in the custody of the administrator, or the net proceeds received from sale, and shall not be entitled to receive any appreciation in the value of the property occurring after delivery to the administrator, except in a case of intentional misconduct or malfeasance by the administrator.  (c) A purchaser of property at a sale conducted by the administrator pursuant to this part shall take the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The administrator shall execute all documents necessary to complete the transfer of ownership. [L 2008, c 55, pt of §1]