The hot topic among landlords and property managers is the emergence of the Hawaii's sex offender database website.

Chapter 846E, Hawaii Revised Statutes, mandates that the Hawaii Criminal Justice Data Center maintain a central repository of covered offenders in the State of Hawaii. The following information about those persons is available to the public: name, prior names, aliases, nicknames and pseudonyms, year of birth and alias year of births, physical description including scars and tattoos, photograph, residence, temporary and future addresses, personal vehicles(s) driven, street name of employment and volunteer location, college/university affiliation, and crime for which convicted, judgment of conviction, judgment of acquittal, or judicial determination of unfitness to proceed for which the offender is registered, and the provision of law defining the criminal offense.  Hawaii-Sex-Offenders.com

To read a discussion of the rules for the use of the database and the liability landlords may be assuming, whether they elect to use the database or not to use the database, JOIN Hawaii Landlord Solutions NOW!

Increased Penalties for Bad Faith Retention of Security Deposit

The court may award damages for bad faith whenever the facts warrant such an award, regardless of whether the injured party has specifically requested relief. In any action under this section, the landlord has the burden of proof as to the reasonableness of the amounts claimed. Members of Hawaii Landlord Solutions will find the forms necessary to comply with this new legislation.

Forms currently available to our Members are on our site for this application include:

• Notice to Resident of Right to Walk-Through

• Notice of Date

• Time of Walk-Through

• Statement of Inspection during Walk-Through.

Join Now to Find Out More About Mold and What You Need to Know...........

In recent years, there has been an increase in media coverage of mold-related problems in rental property. While mold has always been present in our environment, there has been an increase in mold occurrences in buildings. 

This increase has been attributed to an aging building stock; new housing construction where porous materials may not have been kept dry during construction; and modern building techniques designed to conserve energy that also seal in moisture. 

In 2001, the U.S. Environmental Protection Agency issued mold remediation guidelines, and in Hawaii, legislation was passed that requires the Department of Health Services to establish standards for mold hazard identification, disclosure, and remediation. 

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Federal Laws that Apply to All Landlords

Fair Housing Laws:

Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act) prohibits discrimination in the rental, and in other housing-related transactions, based on seven categories. In order to be sure you are in compliance with fair housing laws, you should be familiar with those seven categories and understand how they are applicable to the provision of housing. For specific information on tenants’ rights under the Fair Housing Act, order our complete article.

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Our complete article contains links to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of Title I of the Housing and Community Development Act of 1974, Title II of the Americans with Disabilities Act of 1990, Architectural Barriers Act of 1968, Age Discrimination Act of 1975, and Title IX of the Education Amendments Act of 1972

Advertising: Our complete article contains a link to guidance for landlords to use in advertising property to insure the landlords’ compliance with federal fair housing laws.

After September 11, 2001, landlords and property managers began developing security policies as a result of their concern for the possibility of future terrorist attacks. For information on how to insure that your policies are effective but fair, order our complete article.

Lead-based Paint

At the direction of Congress, who recognized that tenants have a right to know about potential lead hazards in the homes they rent, disclosure requirements were developed for landlords to make to their tenants when leasing homes built prior to 1978. These requirements became effective in 1996. To obtain a link to the rules and obtain the forms for disclosure, order our complete article. download form here. (FREE)

Fair Credit Reporting Act

The FCRA requires landlords, when they decline to rent to a rental applicant based in any way on a "consumer report" from a "consumer reporting agency," to provide an adverse action notice to that consumer. Our complete article describes how landlords may insure that they are complying with all aspects of the FCRA.

Immigration Laws

The Federal Immigration and Nationality Act governs the activities of "illegal aliens" and imposes penalties on those persons who assist them. In contrast to the federal law, some state laws prohibit inquiring about an applicant’s citizenship status. Our complete article describes this dilemma in detail.

Subsidized Housing

Some Federal laws apply or have additional provisions that are applicable to landlords who receive certain funding, such as rental assistance, from the federal government. Our complete article contains links to detailed descriptions of specific programs with special provisions.

Mold

Despite the lack of specific legislation related to mold, mold has been the subject of countless lawsuits, many involving landlords and tenants, in the last ten or more years. Our complete article describes how landlords and managers protect themselves from liability where mold is concerned.

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