If a rental property in Hawai’i fails to meet legally required health and safety standards, tenants have the right to report their landlord to local public officials who may choose to follow up, inspect the property and cite the landlord for such violations.
What Are Considered Unsafe Living Conditions in Hawai’i?
In Hawai’i, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Plumbing.
- Electrical facilities.
- Supplied appliances.
- Common areas.
- Water (except in single-family residences).
- Garbage containers and service (except in single-family residences).
- Other features that impact health, safety, or habitability.
What Should Tenants Do Before Reporting a Violation in Hawai’i?
In most cases, before reporting a violation, a tenant in Hawai’i must notify the landlord in writing about the issue and ask him to fix it in good faith within 3-12 business days, depending on the issue.
How Can Tenants Report a Violation in Hawai’i?
Tenants in Hawai’i should report violations to the office or officers responsible for local housing code enforcement. The exact process depends on county. They can also report issues to the state department of consumer protection.
| Location | Organization | Contact |
| Honolulu County | Department of Planning and Permitting | Online Form |
| Hawai’i County | Department of Public Works | Online Form |
| Maui County | Zoning Enforcement and Administration Division | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Honolulu County?
A tenant in Honolulu County can report a health or safety violation by calling (808) 768-8000 or using the online form provided by the Department of Planning and Permitting. Most complaints will fall under the “Residential” category. Describe the issue including date, provide location and contact information, and submit.
How Can a Tenant Report a Health or Safety Violation in Hawai’i County?
A tenant in Hawai’i County can report a health or safety violation by calling (808) 961-8321 or using the online form provided by the Department of Public Works. The complaint type will be “Building Code Violations.” Provide contact information and location, describe the issue, and submit.
How Can a Tenant Report a Health or Safety Violation in Maui County?
A tenant in Maui County can report a health or safety violation by calling (808) 270-7253 or using the online form provided by the Zoning Enforcement and Administration Division. Select “Zoning, SMA, and Shoreline Questions,” attach a photo if possible, provide issue and contact information, and submit.
What Could Happen to a Landlord After a Complaint Is Made in Hawai’i?
After a tenant files a complaint about unsafe living conditions in Hawai’i, an officer may inspect the property. The landlord must fix noted code violations. Otherwise, the landlord could be fined and the local government might file to condemn the property.
Sources
- 1 Haw. Rev. Stat. § 521-42(a) (2022)
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“The landlord shall at all times during the tenancy: (1) Comply with all applicable building and housing laws materially affecting health and safety; (2) Keep common areas of a multi-dwelling unit premises in a clean and safe condition; (3) Make all repairs and arrangements necessary to put and keep the premises in a habitable condition; (4) Maintain all electrical, plumbing, and other facilities and appliances supplied by the landlord in good working order and condition, subject to reasonable wear and tear; (5) Except in the case of a single family residence, provide and maintain appropriate receptacles and conveniences for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials; and (6) Except in the case of a single family residence, or where the building is not required by law to be equipped for the purpose, provide for the supplying of running water as reasonably required by the tenant.”
Source Link - 2 Haw. Rev. Stat. § 521-64(c) (2022)
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“The landlord, upon written notification by the tenant of any defective condition on the premises which is in material noncompliance with section 521-42(a) [landlord duties for upkeep] or with the rental agreement, shall commence repairs of the condition within twelve business days of the notification with a good faith requirement that the repairs be completed as soon as possible… In any case involving repairs, except those required due to misuse by the tenant, to electrical, plumbing, or other facilities, including major appliances provided by the landlord pursuant to the rental agreement, necessary to provide sanitary and habitable living conditions, the landlord shall commence repairs within three business days of [notice, and in either case shall notify the tenant if unable to begin repair within the required timeframe].”
Source Link - 3 Haw. Rev. Stat. § 521-63(a) (2022)
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“If any condition within the premises deprives the tenant of a substantial part of the benefit and enjoyment of the tenant’s bargain under the rental agreement, the tenant may notify the landlord in writing of the situation and, if the landlord does not remedy the situation within one week, terminate the rental agreement. The notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care by the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.”
Source Link - 4 Haw. Rev. Stat. § 521-77 (2022)
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“The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter.”
Source Link
