Bill Text: HI HB1407 | 2013 | Regular Session | Introduced

Hawaii House Bill 1407 (Prior Session Legislation)

Introduced

Bill Title: Energy Consumption Consumer Information; Rent; Lease; Residential or Commercial Real Property

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-02-04 - The committee(s) on HSG recommend(s) that the measure be deferred. [HB1407 Detail]

Download: Hawaii-2013-HB1407-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1407
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

relating to the disclosure of energy consumption to renters and lessees.

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

SECTION 1. The legislature finds that attaining independence from our detrimental reliance on fossil fuels has been a long-standing objective for the State. Accelerating the use and development of energy efficiency in homes and businesses is consistent with that objective and with the mandates of the Hawaii clean energy initiative. The legislature finds that one method of accelerating the use and development of energy efficiency is to make energy consumption more transparent to energy consumers.

In 2009, the legislature enacted section 508D-10.5, Hawaii Revised Statutes, requiring the disclosure of energy costs during real property transactions.

The title of section 508D-10.5, Hawaii Revised Statutes, is "Energy-efficiency consumer information in sale or lease of real property". Although its title references the "lease" of real property, the content of section 508D-10.5, Hawaii Revised Statutes, applies only to the "sale" of real property.

The purpose of this Act is to promote energy efficiency and transparency by requiring the disclosure of energy costs prior to renting or leasing residential or commercial property.

SECTION 2. Chapter 666, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Energy consumption disclosure

§666-A Energy consumption consumer information in rental or lease of commercial real property. (a) A landlord, or any person authorized to enter into a rental agreement on the landlord's behalf, shall make a good faith declaration to a prospective commercial tenant, in writing, at or before execution of the rental agreement, of monthly energy costs, including electricity costs and gas costs, as applicable for the premise.

(b) In the event of an oral rental agreement, this disclosure shall be made at or before commencement of the tenancy.

(c) This disclosure requirement shall apply irrespective of whether energy costs are passed on to the tenant, or paid by the landlord.

(d) This disclosure of monthly energy costs shall be based on the most recent three-month period in which the premises were occupied prior to the date of the disclosure, and shall be based on amounts determined from actual energy bills. However, in the event that applicable energy costs are not billed monthly, this disclosure may be based on average monthly energy costs determined from annual energy costs for the most recent year in which the premises were generally occupied prior to the disclosure.

(e) In the event that the electricity or gas account is not held in the name of the landlord or the landlord's agent, this disclosure of monthly energy costs may be based on information obtained from the electric or gas utility under subsection (f).

(f) A gas or electric public utility shall provide, upon the request of a person who states in writing that the person is a landlord or agent of a landlord of a property which is or has been receiving electric or gas service from the public utility, the monthly electricity or gas cost over a three-month period designated by the landlord or agent of the landlord. Upon receipt of such a request, the gas or electric public utility shall provide the requested information to the landlord or landlord's agent within ten business days.

(g) If a landlord does not provide the energy efficiency disclosures required under this section, the tenant may terminate the rental agreement."

SECTION 3. Section 521-43, Hawaii Revised Statutes, is amended to read as follows:

"§521-43 Rental agreement, disclosure. (a) A landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:

(1) Each person authorized to manage the premises; and

(2) Each person who is an owner of the premises or who is authorized to act for or on behalf of the owner for the purpose of service of process and receiving and receipting for rents, notices, and demands.

The information required to be furnished shall be kept current and shall be enforceable against any successor landlord, owner, or manager.

(b) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for:

(1) Service of process and receiving and receipting for rents, notices, and demands; and

(2) Performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

(c) Any owner or landlord not dealing directly with the tenant shall be responsible for compliance with this section by an owner or landlord dealing directly with the tenant and shall be stopped from any objection to a failure to serve process upon an owner or landlord in any proceeding arising under this chapter when such failure is due to failure to comply with this section. The owner or landlord who deals directly with the tenant and fails to comply with this section shall be deemed an agent of every other landlord under the rental agreement for performing the obligations of the landlord under this chapter and under the rental agreement.

(d) In the case of a written rental agreement, the landlord shall furnish a copy of the lease or rental agreement to the tenant.

(e) The landlord shall furnish to the tenant a written receipt for rents paid at the time of payment. Canceled checks shall also constitute and fulfill the requirement of a written receipt. If rent is paid by check, the landlord shall furnish a receipt therefor, provided a receipt is requested by the tenant.

(f) Any owner or landlord who resides without the State or on another island from where the rental unit is located shall designate on the written rental agreement an agent residing on the same island where the unit is located to act in the owner's or landlord's behalf. In the case of an oral rental agreement, the information shall be supplied to the tenant, on demand, in a written statement.

(g) Subsections (a) and (b) to the contrary notwithstanding, the information required to be disclosed to a tenant, instead of being disclosed in the manner described in subsections (a) and (b), may be disclosed as follows:

(1) In each multi-unit single-owner dwelling structure containing an elevator, a printed or typewritten notice containing the information required by subsections (a) and (b) shall be placed and continuously maintained in every elevator and in one other conspicuous place;

(2) In each multi-unit single-owner dwelling structure not containing an elevator, a printed or typewritten notice containing the information required by subsections (a) and (b) shall be placed and continuously maintained in at least two conspicuous places;

(3) In each multi-unit dwelling structure, a printed or typewritten notice containing the information required by subsections (a) and (b) shall be posted within the unit in a conspicuous place.

(h) Landlords shall provide their general excise tax number to all tenants for the purpose of filing for a low-income tax credit.

(i) A landlord or any person authorized to enter into a rental agreement on the landlord's behalf shall make a good faith declaration to a prospective tenant, in writing, at or before execution of the rental agreement, of monthly energy costs, including electricity costs and gas costs, as applicable for the premises; provided that:

(1) In the event of an oral rental agreement, this disclosure shall be made at or before commencement of the tenancy;

(2) This disclosure requirement shall apply irrespective of whether energy costs are passed on to the tenant, or paid by the landlord;

(3) This disclosure of monthly energy costs shall be based on the most recent three-month period in which the premises were occupied prior to the date of the disclosure, and shall be based on amounts determined from actual energy bills. However, in the event that applicable energy costs are not billed monthly, this disclosure may be based on average monthly energy costs determined from annual energy costs for the most recent year in which the premises were generally occupied prior to the disclosure;

(4) In the event that the electricity or gas account is not held in the name of the landlord or the landlord�s agent, this disclosure of monthly energy costs may be based on information obtained from the electric or gas utility pursuant to paragraph (6);

(5) If a landlord fails to provide the disclosure required by this subsection, the remedy prescribed in section 521-63(d) shall apply; and

(6) A gas or electric public utility shall provide, upon the request of a person who states in writing that the person is a landlord or agent of a landlord of premises which were or have been receiving electric or gas service from the public utility, the monthly electricity or gas cost over a three-month period designated by the landlord or agent of the landlord. Upon receipt of such a request, the gas or electric public utility shall provide the requested information to the landlord or landlord�s agent within ten business days."

SECTION 4. Section 521-63, Hawaii Revised Statutes, is amended to read as follows:

"§521-63 Tenant's remedy of termination at any time; unlawful removal or exclusion. (a) If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant's bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.

(b) If the condition referred to in subsection (a) was caused wilfully or negligently by the landlord, the tenant may recover any damages sustained as a result of the condition.

(c) If the landlord removes or excludes the tenant from the premises overnight without cause or without court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to two months rent or free occupancy for two months, and the cost of suit, including reasonable attorney's fees. If the rental agreement is terminated, the landlord shall comply with section 521-44(c). The court may also order any injunctive or other equitable relief it deems proper. If the court determines that the removal or exclusion by the landlord was with cause or was authorized by court order, the court may award the landlord the cost of suit, including reasonable attorney's fees if the attorney is not a salaried employee of the landlord or the landlord's assignee.

(d) If a landlord does not provide the energy consumption disclosure as required under section 521-43(i), the tenant may terminate the rental agreement."

SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Energy Consumption Consumer Information; Rent; Lease; Residential or Commercial Real Property

Description:

Requires disclosure of energy cost information to prospective tenants in rental or lease transactions.

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