ยง521-7 - Exclusions from application of chapter.
ยง521-7ย Exclusions from application of
chapter.ย Unless created solely to avoid the application of this chapter,
this chapter shall not apply to:
(1)ย 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;
(2)ย Residence in a structure directly controlled and
managed by the University of Hawaii for housing students or faculty of the
University of Hawaii or residence in a structure erected on land leased from
the University of Hawaii by a nonprofit corporation for the exclusive purpose
of housing students or faculty of the University of Hawaii;
(3)ย 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)ย Residence by a member of a fraternal organization
in a structure operated without profit for the benefit of the organization;
(5)ย Transient occupancy on a day-to-day basis in a
hotel or motel;
(6)ย 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)ย 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)ย Occupancy by the prospective purchaser after an
accepted offer to purchase and prior to the actual transfer of the owner's
rights;
(9)ย Occupancy in a homeless facility or any other
program for the homeless authorized under part VII of chapter 356D;
(10)ย 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; or
(11)ย Residence or occupancy in a transitional facility
for abused family or household members. [L 1972, c 132, pt of ยง1; am L 1986, c
112, ยง1; am L 1988, c 307, ยง1; am L 1991, c 18, ยง1 and c 212, ยง8; am L 1994, c
248, ยง1; am L 1995, c 43, ยง1; am L 1997, c 350, ยง14; am L 1998, c 11, ยง27; am L
2005, c 196, ยง26(a); am L 2006, c 24, ยง6 and c 180, ยง16; am L 2007, c 193, ยง5
as superseded by c 249, ยง30]