HB224 creates a new statutory process for the immediate removal of unlawful occupants from a residential dwelling or premises with the assistance of state or county law enforcement. The bill allows an owner, or the owner’s authorized agent, to submit a verified complaint form to police if the property was not open to the public, the occupants were told to leave, and the occupants are not tenants under chapter 521 or immediate family members. If the complaint is validated, law enforcement must serve a notice to immediately vacate and may place the owner back in possession, with authority to arrest for trespass or other offenses where appropriate.
The bill also establishes related rules for fees, liability, and remedies. It authorizes law enforcement to charge service and standby fees, allows the owner to change locks and remove personal property while police keep the peace, and limits liability for officers and owners except in cases of wrongful removal. It creates a misdemeanor for submitting a fraudulent or knowingly false complaint that results in wrongful removal, and it gives wrongfully removed occupants a civil cause of action for restoration to possession, damages, triple fair market rent, costs, and attorney fees. In addition, the bill makes unlawful occupants liable for unpaid utility charges incurred during their occupancy and raises the threshold for second-degree criminal property damage to $999 when the damage occurs during unlawful trespass in a dwelling or premises.
Impact
HB224 would add a new part to chapter 803 of the Hawaii Revised Statutes governing removals, while also adding a new civil liability provision in chapter 663 and amending the criminal property damage statute in chapter 708. It would give law enforcement a defined role in removing alleged squatters or other unlawful occupants from residential property, create an official complaint process to be developed by the Attorney General, and expand owner remedies for utility costs and property damage. The bill would also change the felony threshold for criminal property damage when committed during unlawful trespass in a dwelling or premises, lowering the amount from the general $1,500 threshold to more than $999 in that context.
Sentiment
The bill’s stated purpose and report title suggest strong support for property owners and a policy focus on rapid response to trespass and unlawful occupation. The available record contains no committee transcripts or recorded votes, so there is no documented floor or committee debate to indicate broader legislative sentiment. Based on the text alone, the measure appears designed to address concerns about squatters, property damage, and delays in eviction-like situations, while also building in penalties for false complaints and remedies for wrongful removal.
Contention
The main points of potential contention are the bill’s expansion of police involvement in what can resemble landlord-tenant or civil possession disputes, and the risk of wrongful removal of lawful occupants. The bill tries to address that risk by excluding tenants and immediate family members, requiring verification of ownership, and creating criminal and civil penalties for fraudulent complaints. Another likely area of concern is the lowered property-damage threshold for felony treatment during unlawful trespass, which could be viewed as a stronger punitive response than the general criminal property damage statute. The bill also shifts some costs to property owners requesting police assistance, which may be seen as either a necessary service fee or an added burden depending on perspective.