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;
lease

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Terms Used In Hawaii Revised Statutes 521-7

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dwelling unit: means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. See Hawaii Revised Statutes 521-8
  • Landlord: means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord. See Hawaii Revised Statutes 521-8
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Owner: means one or more persons, jointly or severally, in whom is vested:

    (1) All or any part of the legal title to property; or

    (2) All or any part of the beneficial ownership and a right to present use and enjoyment of the property; and

    includes a mortgagee in possession. See Hawaii Revised Statutes 521-8

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Tenant: means any person who occupies a dwelling unit for dwelling purposes under a rental agreement. See Hawaii Revised Statutes 521-8
(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.

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