The following are defined as unfair or deceptive practices in the rooming house business:

(1) Requiring, seeking, or encouraging any resident or prospective resident to execute a power of attorney in which the resident or prospective resident names the rooming house, its owner, or any of its agents or employees as attorney-in-fact;

Terms Used In Hawaii Revised Statutes 445-95.2

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • rooming house: means any building or portion thereof containing no more than nine rooming units, in which space is let by the owner or operator to three or more unrelated persons. See Hawaii Revised Statutes 445-90
(2) Making any representation that the rooming house offers medical care, rehabilitation, or therapeutic benefits of any type;
(3) Negotiating public assistance checks payable to a resident;
(4) Refusing to refund any deposit as provided in sections 521-44(c) and 521-66;
(5) Refusing to give any resident a partial rent refund in accordance with section 521-66;
(6) Encouraging, soliciting, or requiring any resident or prospective resident to consent to the release of information concerning the resident or prospective resident which is maintained by any government agency and otherwise confidential;
(7) Encouraging, soliciting, or requiring a resident or prospective resident to:

(A) Turn over food stamps to the rooming house, its agents, or employees; or
(B) Permit authorization to purchase (ATP) food stamp cards to be negotiated by the rooming house, its agents, or employees;
(8) Limiting, hindering, or restricting access of residents who are food stamp recipients to foodstuffs, food containers, refrigerators, or other food storage facilities;
(9) Encouraging, soliciting, or requiring any resident or prospective resident to apply for or receive food stamps if the rooming house has meal service;
(10) Accepting food stamps as payment for or in reduction of rent;
(11) Charging different rents for similar accommodations based on the amount of a resident’s public assistance benefits;
(12) Encouraging, soliciting, or requiring any resident or prospective resident to have public assistance benefits mailed to the rooming house, its owner, or its agents or employees; and
(13) Denying any prospective resident or evicting any resident from living accommodations solely on the basis of age or disability.

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