reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 28. Property › 516D. Residential Leasehold Condominiums and Cooperatives › 516D-11.5 Civil penalty. Failure to furnish disclosures substantially complying with the requirements of section 516D-11 shall entitle the buyer to the recovery of a civil penalty of $1,000 in any proceeding at law brought within one year of the violation and the violator shall be liable further for the actual damages of the buyer, if any, reasonable attorneys' fees and court costs. [L 1991, c 276, §7]

§516D-11.5
Civil penalty.
Failure to furnish disclosures substantially complying with the requirements of section 516D-11 shall entitle the buyer to the recovery of a civil penalty of $1,000 in any proceeding at law brought within one year of the violation and the violator shall be liable further for the actual damages of the buyer, if any, reasonable attorneys' fees and court costs. [L 1991, c 276, §7]
2023 Hawaii Revised Statutes › Title 28. Property › 516D. Residential Leasehold Condominiums and Cooperatives › 516D-12 Mandatory arbitration of rent renegotiation.

§516D-12 Mandatory arbitration of rent renegotiation.
(a) Every residential lease shall contain a provision for the mandatory arbitration of any rent renegotiation reopening.
(b) In the event that a residential lease does not contain a mandatory arbitration provision, the following arbitration procedure shall apply:
(1) Rent shall be determined by three impartial arbitrators, who shall be recognized real estate appraisers;
(2) Each party shall select an arbitrator, both of whom shall select the third arbitrator;
(3) The three arbitrators shall determine the rent renegotiation which shall be final, conclusive, and binding on both parties; and
(4) Lessor and lessee shall each pay one-half of all proper costs and expenses other than attorneys' fees. [L 1989, c 168, pt of §4; ree L 1990, c 277, pt of §1]
Cross References
Other arbitration procedures, see § §519-2, 519-3.
2023 Hawaii Revised Statutes › Title 28. Property › 517. Disposition of Trust Real Property › 517-1 Court approval of disposition of property under restraint.

§517-1 Court approval of disposition of property under restraint.
Notwithstanding any limitation in any instrument creating any estate or trust, whether or not eleemosynary or incorporated, and whether or not in effect prior to April 24, 1957, which forbids or restrains the sale of real property of such estate or trust or which limits the terms of lease of such property to periods less than fifty-five years, the trustees or officers of the estate or trust, with the approval of the court, may sell the real property of the estate or trust or may lease the same for periods up to fifty-five years whether or not the lease shall extend beyond the expiration date of the estate or trust. [L 1957, c 13, §2; Supp, §345A-2; HRS §517-1]
2023 Hawaii Revised Statutes › Title 28. Property › 517. Disposition of Trust Real Property › 517-2 Construction of wills and trust instruments.

§517-2 Construction of wills and trust instruments.
Whenever any will or trust instrument contains any provision restraining the free alienation of land or limiting the term of leases to the duration of the trust or to a term of less than fifty-five years and any such provision comes before the court for construction, all doubts shall be resolved against any such restraint or limitation, and doubts as to the existence of a power of sale or power to lease beyond the term of the trust shall be resolved in favor of the existence of such power. In all cases every will or trust instrument now in existence or hereinafter executed shall be construed in harmony with the public policy declared by this chapter. [L 1957, c 13, §3; Supp, §345A-3; HRS §517-2]
2023 Hawaii Revised Statutes › Title 28. Property › 517. Disposition of Trust Real Property › 517-3 Effect on existing and subsequent trusts.

§517-3 Effect on existing and subsequent trusts.
The legislature declares that if this chapter is held invalid or unconstitutional with respect to trusts and estates existing prior to April 24, 1957, it would have enacted this chapter as applicable to estates and trusts arising subsequent to April 24, 1957. [L 1957, c 13, pt of §4; Supp, §345A-4; HRS §517-3]
2023 Hawaii Revised Statutes › Title 28. Property › 517E. Uniform Prudent Management of Institutional Funds Act › 517E-2 Definitions.

§517E-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.
"Community foundation" means a community foundation or community trust recognized as exempt from federal income tax and referred to in section 170(c) of the Internal Revenue Code of 1986, as amended, and which meets the single entity requirements of United States Treasury Regulations sections 1.170A-9(e)(10-14) adopted thereunder.
"Endowment fund" means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.
"Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
"Institution" means:
(1) A person, other than an individual, organized and operated exclusively for charitable purposes;
(2) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; or
(3) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
"Institutional fund" means a fund held by an institution exclusively for charitable purposes. The term does not include:
(1) Program-related assets;
(2) A fund held for an institution by a trustee that is not an institution, unless the fund is held exclusively for the benefit of a community foundation; or
(3) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
"Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [L 2009, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 517E. Uniform Prudent Management of Institutional Funds Act › 517E-4 Appropriation for expenditure or accumulation of endowment fund; rules of construction.

§517E-4 Appropriation for expenditure or accumulation of endowment fund; rules of construction.
(a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund shall be donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(1) The duration and preservation of the endowment fund;
(2) The purposes of the institution and the endowment fund;
(3) General economic conditions;
(4) The possible effect of inflation or deflation;
(5) The expected total return from income and the appreciation of investments;
(6) Other resources of the institution; and
(7) The investment policy of the institution.
(b) To limit the authority to appropriate for expenditure or accumulate under subsection (a), a gift instrument shall specifically state the limitation.
(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only "income", "interest", "dividends", or "rents, issues, or profits", or "to preserve the principal intact", or words of similar import:
(1) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(2) Do not otherwise limit the authority to appropriate for expenditure or accumulate under subsection (a). [L 2009, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 517E. Uniform Prudent Management of Institutional Funds Act › 517E-5 Delegation of management and investment functions.

§517E-5 Delegation of management and investment functions.
(a) Subject to any specific limitation set forth in a gift instrument or otherwise provided by law, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(1) Selecting an agent;
(2) Establishing the scope and terms of the delegation consistent with the purposes of the institution and the institutional fund; and
(3) Periodically reviewing the agent's actions to monitor the agent's performance and compliance with the scope and terms of the delegation.
(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(c) An institution that complies with subsection (a) shall not be liable for the decisions or actions of an agent to which the function was delegated.
(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this State, an agent submits to the jurisdiction of the courts of this State in all proceedings arising from or related to the delegation or the performance of the delegated function.
(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by the laws of this State. [L 2009, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 517E. Uniform Prudent Management of Institutional Funds Act › 517E-6 Release or modification of restrictions on management, investment, or purpose.

§517E-6 Release or modification of restrictions on management, investment, or purpose.
(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction on the management, investment, or purpose of an institutional fund contained in a gift instrument. A release or modification shall not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention.
(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard.
(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, without application to the court, but with the consent of the attorney general, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument if the fund subject to the restriction has a total value of less than $250,000.
(e) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, sixty days after notification to the attorney general, may release or modify the restriction, in whole or part, if:
(1) The institutional fund subject to the restriction has a total value of less than $50,000;
(2) More than twenty years have elapsed since the fund was established; and
(3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. [L 2009, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 517E. Uniform Prudent Management of Institutional Funds Act › 517E-7 Reviewing compliance.

§517E-7 Reviewing compliance.
Compliance with this chapter shall be determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight. [L 2009, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 517E. Uniform Prudent Management of Institutional Funds Act › 517E-8 Application to existing institutional funds.

§517E-8 Application to existing institutional funds.
This chapter shall apply to institutional funds existing on or established after July 1, 2009. As applied to institutional funds existing on July 1, 2009, this chapter shall govern only decisions made or actions taken on or after that date. [L 2009, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 517E. Uniform Prudent Management of Institutional Funds Act › 517E-9 Relation to Electronic Signatures in Global and National Commerce Act.

§517E-9 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter shall modify, limit, and supersede the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but shall not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. section 7003(b). [L 2009, c 135, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 518. Covenants in Leases › 518-1 Unlawful covenants.

§518-1 Unlawful covenants.
It is unlawful for any person, association, firm, or corporation, as the lessor, to lease agricultural or farm lands with covenants or clauses in the lease stating that the lessee must sell all or a portion of the crop grown on the agricultural or farm lands to the lessor. [L 1961, c 12, §1; Supp, §345C-1; HRS §518-1]
2023 Hawaii Revised Statutes › Title 28. Property › 518. Covenants in Leases › 518-2 No recovery on illegal covenants.

§518-2 No recovery on illegal covenants.
Any covenant or clause contained in any lease made by any person, association, firm, or corporation in violation of this chapter is declared to be illegal, and no recovery thereon shall be had, provided that the illegal covenant or clause shall not affect the validity of the remainder of the lease. [L 1961, c 12, §2; Supp, §345C-2; HRS §518-2]
2023 Hawaii Revised Statutes › Title 28. Property › 518. Covenants in Leases › 518-3 Invalidity of certain restrictive covenants.

§518-3 Invalidity of certain restrictive covenants.
It is the public policy of the State to establish community residences in residential areas. Therefore, any restrictive covenant or other private legal impediment made by any person, association, firm, or corporation which directly or indirectly prevents or restricts the establishment in an area zoned for residential use of a facility licensed by the State as an adult residential care home as defined under section 321-15.1; intermediate care facility for individuals with intellectual disabilities in the community; or special treatment facility as defined under section 334-1 shall be void and unenforceable as to such community residences. [L 1988, c 204, §2; am L 2011, c 220, §10; am L 2014, c 193, §8]
2023 Hawaii Revised Statutes › Title 28. Property › 519. Real Property Leases › 519-1 Lease renegotiations; calculation of rent; definition.

§519-1 Lease renegotiations; calculation of rent; definition.
(a) Whenever any agreement or document for the lease of private lands provides for the renegotiation of the rental amount or other recompense during the term of the lease and such renegotiated rental amount or other recompense is based, according to the terms of the lease, in whole or in part upon the fair market value of the land, or the value of the land as determined by its highest and best use, or words of similar import, such value, for the purposes of determining the amount of rental or other recompense, shall be calculated upon the use to which the land is restricted by the lease document.
(b) The term "lease", "lease agreement", or "document" as used in this section, means a conveyance leasing privately-owned land by a fee simple owner as lessor, or by a lessee as sublessor, to any person, for a term exceeding five years, in consideration of a return of rent or other recompense. [L 1969, c 267, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 519. Real Property Leases › 519-4 Exemption for sustainable affordable developments.

§519-4 Exemption for sustainable affordable developments.
Notwithstanding any other law to the contrary, no lessee under a sustainable affordable lease as defined in section 516-1 and qualified under section 516-202 may exercise the rights granted to a lessee under section 519-2. [L 2005, c 197, §4]
2023 Hawaii Revised Statutes › Title 28. Property › 520. Landowners' Liability › 520-1 Purpose.

§520-1 Purpose.
The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes. [L 1969, c 186, §1]
Case Notes
Cited: 557 F.2d 1308 (1977); 916 F. Supp. 1511 (1996).
2023 Hawaii Revised Statutes › Title 28. Property › 520. Landowners' Liability › 520-2 Definitions.

§520-2 Definitions.
As used in this chapter:
"Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
"House guest" means any person specifically invited by the owner or a member of the owner's household to visit at the owner's home whether for dinner, or to a party, for conversation or any other similar purposes including for recreation, and includes playmates of the owner's minor children.
"Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government.
"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.
"Recreational purpose" includes but is not limited to any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.
"Recreational user" means any person who is on or about the premises that the owner of land either directly or indirectly invites or permits, without charge, entry onto the property for recreational purposes. [L 1969, c 186, §2; gen ch 1985; am L 1997, c 272, §1]
Law Journals and Reviews
The Hawai`i Recreational Use Statute: A Practical Guide to Landowner Liability. 22 UH L. Rev. 237 (2000).
Case Notes
Plaintiff who suffered personal injuries while plaintiff was using a military recreational facility was not "charged" an "admission price or fee ... in return for ... permission to enter or go upon the [government's] land". 181 F.3d 1064 (1999).
Where plaintiff who was engaged in activity of boating argued that plaintiff was not engaging in a recreational activity while taking the sailing course, although plaintiff may have had professional as well as personal reasons for taking the course, plaintiff's alleged professional motivation did not convert plaintiff into a nonrecreational user; plaintiff's subjective intent was, in the situation, immaterial. 181 F.3d 1064 (1999).
No requirement that landowner open property to every person in the public in order to obtain protection under statute; defendant's duty to recreational user of property arose where defendant undertook and posted lifeguards at beach. 691 F. Supp. 256 (1988).
Where plaintiff alleged that the United States navy received a financial benefit from the Pearl Harbor bike path when its members commuted by bicycle on the bike path, reducing the need for parking spaces at Pearl Harbor naval station, and that the city of Honolulu's bicycle registration fee constituted a "charge" under Hawaii recreational use statute (HRUS), the United States did not charge plaintiff to enter the bike path and the "charge" exception to HRUS was not applicable. 180 F. Supp. 2d 1132 (2001).
2023 Hawaii Revised Statutes › Title 28. Property › 520. Landowners' Liability › 520-3 Duty of care of owner limited.

§520-3 Duty of care of owner limited.
Except as specifically recognized by or provided in section 520-6, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes, or to persons entering for a purpose in response to a recreational user who requires assistance, either direct or indirect, including but not limited to rescue, medical care, or other form of assistance. [L 1969, c 186, §3; am L 1997, c 272, §2]
Case Notes
Section renders United States not liable under Federal Tort Claims Act. 723 F.2d 705 (1984).
Encompasses any land which is used for recreation; purpose of statute is to encourage landowners to allow others to use their land without threat of liability; type of landowner covered by statute, discussed. 696 F. Supp. 538 (1987).
Cited: 902 F. Supp. 1207 (1995); 916 F. Supp. 1511 (1996).
2023 Hawaii Revised Statutes › Title 28. Property › 520. Landowners' Liability › 520-4 Liability of owner limited.

§520-4 Liability of owner limited.
(a) Except as specifically recognized by or provided in section 520-6, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of such persons; and
(4) Assume responsibility for, or incur liability for, any injury to person or persons who enter the premises in response to an injured recreational user.
(b) An owner of land who is required or compelled to provide access or parking for such access through or across the owner's property because of state or county land use, zoning, or planning law, ordinance, rule, ruling, or order, to reach property used for recreation purposes, or as part of a habitat conservation plan, or safe harbor agreement, shall be afforded the same protection as to such access, including parking for such access, as an owner of land who invites or permits any person to use that owner's property for recreational purposes under subsection (a). [L 1969, c 186, §4; am L 1996, c 151, §2; am L 1997, c 272, §3 and c 380, §9]
Case Notes
U.S. government immune from negligence liability under Hawaii recreational use statute (HRUS) for personal injuries suffered by plaintiff while plaintiff was using a military recreational facility, where (1) because the government did not impose a "charge" or "fee" for plaintiff to enter upon and use the recreational facility, plaintiff's use of the government's property was "without charge" under the statute; (2) the fact that dock on which plaintiff was injured was closed to everyone except the instructors and students of the sailing course on day of plaintiff's injury did not strip the government of its HRUS immunity; (3) plaintiff argued that legislative history indicated that HRUS was not intended to immunize businesses from liability to their business invitees, there was no need to resort to statute's legislative history in search of an exception that was clearly not included; and (4) although plaintiff may have had professional as well as personal reasons for taking the sailing course, plaintiff's alleged "professional" motivation did not convert plaintiff into a "nonrecreational" user; plaintiff's subjective intent was, in the situation, immaterial. 181 F.3d 1064 (1999).
Cited: 902 F. Supp. 1207 (1995); 916 F. Supp. 1511 (1996).
2023 Hawaii Revised Statutes › Title 28. Property › 520. Landowners' Liability › 520-6 Persons using land.

§520-6 Persons using land.
Nothing in this chapter shall be construed to:
(1) Create a duty of care or ground of liability for injury to persons or property.
(2) Relieve any person using the land of another for recreational purposes from any obligation which the person may have in the absence of this chapter to exercise care in the person's use of such land and in the person's activities thereon, or from the legal consequences of failure to employ such care. [L 1969, c 186, §6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 520A. Landowner's Liability for Access to Control Invasive Species › 520A-1 Purpose.

§520A-1 Purpose.
The purpose of this chapter is to encourage owners of land to make their land and water areas available to other persons for the purpose of controlling or eradicating invasive species by limiting landowners' liability toward persons entering thereon for such purposes. [L 2003, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 520A. Landowner's Liability for Access to Control Invasive Species › 520A-2 Definitions.

§520A-2 Definitions.
As used in this chapter, unless the context requires otherwise:
"Charge" means an admission price or fee asked in return for invitation or permission to enter or go upon the land.
"Invasive species" means any plant, plant pest, noxious weed, microorganism, biological control organism, or animal that can directly or indirectly injure or cause damage to the environment or to the interests of agriculture, horticulture, aquaculture, animal or public health, native species, natural resources, irrigation, or navigation.
"Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government.
"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises. [L 2003, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 520A. Landowner's Liability for Access to Control Invasive Species › 520A-3 Duty of care of owner limited.

§520A-3 Duty of care of owner limited.
Except as specifically recognized by or provided in section 520A-6, an owner of land owes no duty of care to keep the premises safe for entry or use by others for control or eradication of invasive species, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes, or to persons entering in response to such persons who require assistance, either directly or indirectly, including but not limited to rescue, medical care, or other form of assistance. [L 2003, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 520A. Landowner's Liability for Access to Control Invasive Species › 520A-4 Liability of owner limited.

§520A-4 Liability of owner limited.
(a) Except as specifically recognized by or provided in section 520A-6, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for control or eradication of invasive species does not:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for, or incur liability for, any injury to any person or property caused by an act of omission or commission of such persons; and
(4) Assume responsibility for, or incur liability for, any injury to any person or persons who enter the premises in response to an injured person who entered the premises to control or eradicate invasive species.
(b) An owner of land who is required or compelled to provide access or parking for such access through or across the owner's property because of state or county land use, zoning, or planning law, ordinance, rule, ruling, or order, to reach property subject to control or eradication of invasive species, shall be afforded the same protection as to such access, including parking for such access, as an owner of land who invites or permits any person to use that owner's property for control or eradication of invasive species under subsection (a). [L 2003, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 520A. Landowner's Liability for Access to Control Invasive Species › 520A-5 Exceptions to limitations.

§520A-5 Exceptions to limitations.
Nothing in this chapter limits in any way any liability which otherwise exists:
(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates; or
(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the control or eradication of invasive species, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section. [L 2003, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 520A. Landowner's Liability for Access to Control Invasive Species › 520A-6 Persons using land.

§520A-6 Persons using land.
Nothing in this chapter shall be construed to:
(1) Create a duty of care or ground for liability for injury to persons or property; or
(2) Relieve any person using the land of another for control or eradication of invasive species from any obligation which the person may have in the absence of this chapter to exercise care in the person's use of such land and in the person's activities thereon, or from the legal consequences of failure to employ such care. [L 2003, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-2 Purposes; rules of construction.

§521-2 Purposes; rules of construction.
(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of this chapter are:
(1) To simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants of dwelling units;
(2) To encourage landlords and tenants to maintain and improve the quality of housing in this State; and
(3) To revise the law of residential landlord and tenant by changing the relationship from one based on the law of conveyance to a relationship that is primarily contractual in nature. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-3 Supplementary general principles of law, other laws, applicable.

§521-3 Supplementary general principles of law, other laws, applicable.
(a) Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law relative to capacity to contract, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.
(b) Every legal right, remedy, and obligation arising out of a rental agreement not provided for in this chapter shall be regulated and determined under chapter 666, and in the case of conflict between any provision of this chapter and a provision of chapter 666, this chapter shall control.
(c) Nothing in this chapter shall be applied to interfere with any right, obligation, duty, requirement, or remedy of a landlord or tenant which is established as a condition or requirement of any program receiving subsidy from the government of the United States. To the extent that any provision of this chapter is inconsistent with such a federal condition or requirement then as to such subsidized project the federal condition or requirement shall control.
(d) An association under chapter 514B shall have standing to initiate and prosecute a summary proceeding for possession against a tenant residing in the condominium project who repeatedly violates the association's governing documents or the rights of other occupants to quiet enjoyment and whose landlord refuses to act; provided that in such cases, the landlord shall be named as an additional party defendant. [L 1972, c 132, pt of §1; am L 2004, c 164, §3; am L 2008, c 28, §24; am L 2017, c 181, §36]
Case Notes
Cited in reference to common law doctrine of retaliatory eviction. 59 H. 104, 577 P.2d 326 (1978).
Cited with respect to conflict between §666-1 and chapter 521 concerning landlord's remedies against tenant for failure of tenant to maintain premises. 63 H. 110, 621 P.2d 971 (1980).
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-4 Construction against implicit repeal.

§521-4 Construction against implicit repeal.
This chapter being a general law intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-5 Severability.

§521-5 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-7 Exclusions from application of chapter.

§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. [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; am L 2012, c 43, §1; am L 2017, c 114, §1; am L 2018, c 194, §2]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-9 Notice, notification, knowledge, etc.

§521-9 Notice, notification, knowledge, etc.
(a) A person has notice of a fact when:
(1) The person has actual knowledge of it; or
(2) The person has received a notice or notification of it; or
(3) From all the facts and circumstances known to the person at the time in question the person has reason to know of it.
(b) A person knows or has knowledge of a fact when the person has actual knowledge of it. The terms "discover" or "learn" or terms of similar import refer to knowledge rather than reason to know. The time and circumstances under which a notice or notification ceases to be effective are not determined by this chapter.
(c) A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not the other actually comes to know of it. A person receives a notice or notification when:
(1) It comes to the person's attention; or
(2) It is delivered at the place of business through which the rental agreement was made or at any place held out as the place for receipt of such communications.
(d) Notice, knowledge, or a notice or notification received by a person other than an individual is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction or from the time it should have been brought to the individual's attention, whichever time is earlier. [L 1972, c 132, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-10 Duties; obligation of good faith.

§521-10 Duties; obligation of good faith.
Every duty imposed by this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-11 Time; reasonable time.

§521-11 Time; reasonable time.
(a) Whenever this chapter requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.
(b) What is a reasonable time for taking any action depends on the nature, purpose, and circumstances of the action. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-21 Rent.

§521-21 Rent.
(a) The landlord and tenant may agree to any consideration, not otherwise prohibited by law, as rent. 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.
(b) Rents shall be payable at the time and place agreed to by the parties. 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. 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. The new date shall not exceed by more than three days, excluding Saturdays, Sundays, and holidays, the date on which checks are mailed. 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.
(c) Except as otherwise provided in subsection (b), rent shall be uniformly apportionable from day to day.
(d) 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.
(e) 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.
(f) 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. [L 1972, c 132, pt of §1; am L 1974, c 180, §1; am L 1978, c 124, §1; am L 1989, c 383, §2; am L 2017, c 179, §1]
Note
Applicability of 2017 amendment. L 2017, c 179, §3.
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-22 Term of rental agreement.

§521-22 Term of rental agreement.
The landlord and tenant may agree in writing to any period as the term of the rental agreement. In the absence of such agreement, the tenancy shall be month to month or, in the case of boarders, week to week. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-31 Waiver; agreement to forego rights; settlement of claims.

§521-31 Waiver; agreement to forego rights; settlement of claims.
(a) Except as otherwise provided in this chapter, a tenant or landlord may not waive or agree to forego rights or remedies under this chapter.
(b) A claim by a tenant against a landlord for violation of this chapter or a claim by a landlord against a tenant for default or breach of duty imposed by this chapter, if disputed in good faith, may be settled by agreement.
(c) A claim, whether or not disputed, against a tenant or landlord may be settled for less value than the amount claimed.
(d) A settlement in which the tenant or landlord waives or agrees to forego rights or benefits under this chapter is invalid if the court, as a matter of law, finds the settlement to have been unconscionable at the time it was made. The competence of the tenant or landlord, any deception or coercion practiced against the tenant or landlord, the nature and extent of the legal advice received by the tenant or landlord, and the nature and value of the consideration are relevant to the issue of unconscionability. [L 1972, c 132, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-32 Separation of rents and obligations to property forbidden.

§521-32 Separation of rents and obligations to property forbidden.
Any agreement, conveyance, or trust instrument which authorizes a person other than the beneficial owner to act as the landlord of a dwelling unit shall operate, regardless of its terms, to authorize and require such person to use rents to conform with this chapter and any other law, code, ordinance, or regulation concerning the maintenance and operation of the premises. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-33 Landlord's waiver of liability prohibited.

§521-33 Landlord's waiver of liability prohibited.
A provision in a rental agreement exempting or limiting the landlord, or requiring the tenant to indemnify the landlord, from liability for damages to persons or property caused by or resulting from the acts or omissions of the landlord, the landlord's agents, servants, or employees, in or about the dwelling unit covered thereby or in or about the premises of which it is a part is void. [L 1972, c 132, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-34 Authorization to confess judgment prohibited.

§521-34 Authorization to confess judgment prohibited.
A tenant may not authorize any person to confess judgment on a claim arising out of a rental agreement of any dwelling unit. An authorization in violation of this section is void. [L 1972, c 132, pt of §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-35 Attorney's fees.

§521-35 Attorney's fees.
(a) A rental agreement may provide for the payment by the tenant of the costs of a suit, for unpaid rent, and reasonable attorney's fees not in excess of twenty-five per cent of the unpaid rent after default and referral to an attorney not a salaried employee of the landlord or the landlord's assignee.
(b) A rental agreement may further provide that reasonable attorney's fees and costs may be awarded to the prevailing party in all other matters arising under this chapter.
(c) A provision in violation of this section is unenforceable. [L 1972, c 132, pt of §1; gen ch 1985; am L 1986, c 103, §1]
2023 Hawaii Revised Statutes › Title 28. Property › 521. Residential Landlord-Tenant Code › 521-36 Effect of termination.

§521-36 Effect of termination.
Except as otherwise provided in this chapter, whenever a landlord or tenant exercises a right to terminate a rental agreement, the obligations of each party to the rental agreement shall cease upon the final discharge of all obligations imposed by the rental agreement and by this chapter. [L 1972, c 132, pt of §1]