Bill > HB2197

This bill establishes a process for property owners to remove unauthorized individuals from their dwellings, creating new criminal offenses for squatting and fraudulent sale or lease of residential property, and reclassifying certain property damage and falsification of documents as criminal offenses. Specifically, it outlines a procedure where a property owner or their agent can post a notice to vacate, and if the unauthorized individual does not leave within 24 hours, the owner can submit a sworn affidavit to law enforcement. This affidavit must confirm the unauthorized status of the occupant and that no litigation is pending, and upon verification, law enforcement can then serve a notice to vacate and potentially arrest the individual for trespass or other crimes. The bill also defines "unauthorized individual" as someone occupying a dwelling without the owner's permission, explicitly excluding tenants, holdover tenants, and immediate family members. Furthermore, it makes squatting, defined as unlawfully entering or remaining in an unoccupied or unlawfully occupied dwelling, a class C felony, and fraudulent sale or lease of residential property, which involves knowingly listing or leasing property without legal authority, also a class C felony. Property damage caused by squatters is now classified as criminal property damage in the second degree, and presenting false documents to authorities to remain on property is considered unsworn falsification. The bill provides protections for law enforcement and governmental entities acting in good faith and allows for civil action against property owners for wrongful removal, with potential recovery of damages. This legislation is set to take effect on July 1, 3000.

Housing and Urban Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=2197&year=2026