Bill Text: HI SB1532 | 2019 | Regular Session | Introduced

---

Bill Title: Relating To Landlord-tenant Courts.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Introduced - Dead) 2019-02-11 - The committee on CPH deferred the measure. [SB1532 Detail]

Download: Hawaii-2019-SB1532-Introduced.html

---

THE SENATE	S.B. NO.	1532
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to landlord-tenant courts.

 

 

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

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

landlord-tenant courts

     §   -1  Landlord-tenant courts; establishment.  (a)  The landlord-tenant courts shall be created as divisions of the circuit courts of the State and shall not be deemed to be other courts as that term is used in the state constitution.  A landlord-tenant court shall be held at the courthouse in each circuit, or other duly designated place, by the judge or judges of the respective landlord-tenant courts.

     (b)  The chief justice of the supreme court shall designate a landlord-tenant judge or judges for each circuit, as may be necessary.  In any circuit that has more than one judge designated for the landlord-tenant court, the chief justice shall designate one of the judges as senior judge.  The chief justice may temporarily assign a landlord-tenant court judge to preside in another circuit when the chief justice determines that the urgency of one or more cases in the circuit court or the volume of the cases in the circuit court so requires.

     §   ‑2  Jurisdiction.  (a)  The landlord-tenant courts shall have exclusive original jurisdiction over all proceedings, including judicial review of administrative proceedings and proceedings for declaratory judgment arising under chapter 521; provided that upon the motion of a party or sua sponte by the chief justice, the chief justice may assign to the landlord-tenant courts issues before the circuit courts when the chief justice determines that due to their subject matter the assignment is required to ensure the uniform application of landlord-tenant laws throughout the State or to otherwise effectuate the purpose of this chapter.

     (b)  In any case in which it has jurisdiction, the landlord-tenant courts shall exercise general equity powers as authorized by law.  Nothing in this chapter shall be construed to limit the jurisdiction and authority of any circuit judge, designated as judge of a landlord-tenant court, to matters within the scope of this chapter.

     §   ‑3  Appeals.   Review of any final judgment of a landlord‑tenant court under this chapter shall be governed by chapter 602.

     §   ‑4  Rules.  The supreme court shall adopt rules regarding the administration, operation, and procedures of the landlord-tenant courts."

     SECTION 2.  Section 604-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise provided, the district courts shall have jurisdiction in all civil actions where the debt, amount, damages, or value of the property claimed does not exceed $40,000, except in civil actions involving summary possession or ejectment, in which case the [district court] landlord-tenant courts shall have jurisdiction over any counterclaim otherwise properly brought by any defendant in the action if the counterclaim arises out of and refers to the land or premises the possession of which is being sought, regardless of the value of the debt, amount, damages, or property claim contained in the counterclaim.  Attorney's commissions or fees, including those stipulated in any note or contract sued on, interest, and costs, shall not be included in computing the jurisdictional amount.  Subject to subsections (b) and (c), jurisdiction under this subsection shall be exclusive when the amount in controversy, so computed, does not exceed $10,000.  The district courts shall also have original jurisdiction of suits for specific performance when the fair market value of such specific performance does not exceed $20,000 [and original jurisdiction to issue injunctive relief in residential landlord-tenant cases under chapter 521]."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2019.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Landlord and Tenant Courts; Jurisdiction; Appeals

 

Description:

Establishes the landlord-tenant courts.

 

 

 

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