Unless created solely to avoid the application of this chapter, this chapter shall not apply to:
(1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services;
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Terms Used In Hawaii Revised Statutes 521-7
Contract: A legal written agreement that becomes binding when signed.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
Dwelling unit: means a structure, or part of a structure, which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others. See Hawaii Revised Statutes 521-8
Landlord: means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord. See Hawaii Revised Statutes 521-8
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
Owner: means one or more persons, jointly or severally, in whom is vested:
(1) All or any part of the legal title to property; or
(2) All or any part of the beneficial ownership and a right to present use and enjoyment of the property; and
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Tenant: means any person who occupies a dwelling unit for dwelling purposes under a rental agreement. See Hawaii Revised Statutes 521-8
(2) Residence in a structure directly controlled and managed by:
(A) The University of Hawaii or any other university or college in the State for housing its own students or faculty or residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university; or(B) A private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State;(3) Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser;(4) Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization;(5) Transient occupancy on a day-to-day basis in a hotel or motel;(6) Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon that employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant;(7) A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease;(8) Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner’s rights;(9) Occupancy by the seller of residential real property after the transfer of the seller’s ownership rights;(10) Occupancy in a homeless facility or any other program for the homeless authorized under part XVII of chapter 346;(11) Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program;(12) Residence or occupancy in a transitional facility for abused family or household members; or(13) Residence or occupancy in a structure or on a property directly controlled, owned, or managed by the Hawaii public housing authority.
