(a) Whenever the governor declares a state of emergency for the entire State or any portion thereof, or a mayor declares a local state of emergency for the county or any portion thereof, or when the State, or any portion thereof, is the subject of a severe weather warning:

Terms Used In Hawaii Revised Statutes 127A-30

  • Agency: means the Hawaii emergency management agency established by section 127A-3. See Hawaii Revised Statutes 127A-2
  • Contract: A legal written agreement that becomes binding when signed.
  • County: means the city and county of Honolulu, and the counties of Hawaii, Kauai, and Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127A-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Disaster: means any emergency, or imminent threat thereof, which results or may likely result in loss of life, property, or environment and requires, or may require, assistance from other counties, states, the federal government, or from private agencies. See Hawaii Revised Statutes 127A-2
  • Emergency: means any occurrence, or imminent threat thereof, which results or may likely result in substantial injury or harm to the population or substantial damage to or loss of property or substantial damage to or loss of the environment. See Hawaii Revised Statutes 127A-2
  • 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
  • Local state of emergency: means the occurrence in any part of a county that requires efforts by the county government to save lives, and to protect property, environment, public health, welfare, or safety in the event of an emergency or disaster, or to reduce the threat of an emergency or disaster. See Hawaii Revised Statutes 127A-2
  • Materials: includes medicines, supplies, products, commodities, articles, equipment, machinery, and component parts. See Hawaii Revised Statutes 127A-2
  • Necessary: means and refers to such means, measures, or other actions or determinations as are required to be taken in the opinion of the governor or governor's authorized representative or a mayor or the mayor's authorized representative. See Hawaii Revised Statutes 127A-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) There shall be prohibited any increase in the selling price of any commodity, whether at the retail or wholesale level, in the area that is the subject of the proclamation or the severe weather warning; and
(2) No landlord shall terminate any tenancy for a residential dwelling unit in the area that is the subject of the proclamation or the severe weather warning, except for a breach of a material term of a rental agreement or lease, or if the unit is unfit for occupancy as defined in this chapter; provided that:

(A) Nothing in this chapter shall be construed to extend a fixed-term lease beyond its termination date, except that a periodic tenancy for a residential dwelling unit may be terminated by the landlord upon forty-five days’ written notice:

(i) When the residential dwelling unit is sold to a bona fide purchaser for value; or
(ii) When the landlord or an immediate family member of the landlord will occupy the residential dwelling unit; or
(B) Under a fixed-term lease or a periodic tenancy, upon forty-five days’ written notice, a landlord may require a tenant or tenants to relocate during the actual and continuous period of any repair to render a residential dwelling unit fit for occupancy; provided that:

(i) Reoccupancy shall first be offered to the same tenant or tenants upon completion of the repair;
(ii) The term of the fixed-term lease or periodic tenancy shall be extended by a period of time equal to the duration of the repair; and
(iii) It shall be the responsibility of the tenant or tenants to find other accommodations during the period of repair.
(b) Notwithstanding this section, any additional operating expenses incurred by the seller or landlord because of the emergency or disaster or the severe weather, and which can be documented, may be passed on to the consumer. In the case of a residential dwelling unit, if rent increases are contained in a written instrument that was signed by the tenant prior to the declaration or severe weather warning, the increases may take place pursuant to the written instrument.
(c) The prohibitions under subsection (a) shall remain in effect until twenty-four hours after the severe weather warning is canceled by the National Weather Service; or in the event of a declaration, the later of a date specified by the governor or mayor in the declaration or ninety-six hours after the effective date and time of the declaration, unless such prohibition is continued by a supplementary declaration issued by the governor or mayor. Any proclamation issued under this chapter that fails to state the time at which it will take effect, shall take effect at twelve noon of the day on which it takes effect.
(d) In any action against a merchant, landlord, or other business for violation of the price limitations in this section, the defendant shall be deemed not to have violated this section if the defendant proves all of the following:

(1) The violation of the price limitation was unintentional;
(2) The defendant voluntarily rolled back prices to the appropriate level upon discovering that this section was or may have been violated; and
(3) The defendant has instituted a restitution program for all consumers who may have paid excessive prices.
(e) Any violation of this section shall constitute unfair methods of competition and unfair and deceptive acts or practices in the conduct of any trade or commerce under section 480-2 and shall be subject to a civil penalty as provided in section 480-3.1. Each item sold at a price that is prohibited by this section shall constitute a separate violation.
(f) As used in this section:

“Breach of a material term” means the failure of a party to perform an obligation under the rental agreement or lease, which constitutes the consideration for entering into the contract and includes the failure to make a timely payment of rent.

“Commodity” means any good or service necessary for the health, safety, and welfare of the people of Hawaii; provided that this term shall include, but not be limited to: materials; merchandise; supplies; equipment; resources; and other articles of commerce that shall include food; water; ice; chemicals; petroleum products; construction materials; or residential dwellings.

“Fixed-term lease” means a lease for real property that specifies its beginning date and its termination date as calendar dates, or contains a formula for determining the beginning and termination dates; and the application of the formula as of the date of the agreement will produce a calendar date for the beginning and termination of the lease.

“Periodic tenancy” means a tenancy wherein real property is leased for an indefinite time with monthly or other periodic rent reserved. A periodic tenancy may be created by express agreement of the parties, or by implication upon the expiration of a fixed-term lease when neither landlord nor tenant provides the other with written notice of termination and the tenant retains possession of the premises for any period of time after the expiration of the original term.

“Unfit for occupancy” means that a residential dwelling unit has been damaged to the extent that the appropriate county agency determines that the unit creates a dangerous or unsanitary situation and is dangerous to the occupants or to the neighborhood.

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