DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
KA ʻOIHANA PILI KĀLEPA
OFFICE OF CONSUMER PROTECTION
JOSH GREEN, M.D.
GOVERNOR | KE KIAʻĀINA
NADINE Y. ANDO
DIRECTOR | KA LUNA HOʻOKELE
THOMAS MANA MORIARTY
EXECUTIVE DIRECTOR
FOR IMMEDIATE RELEASE
February 6, 2024
New Tenant Screening Fee Law to Take Effect on May 1 , 2024
H ON OLULU — In an effort to protect renters and promote transparency in the rental applicati on process, a new law governing tenant screening fee s is scheduled to take effect May 1 , 2024 . The law , enacted as Act 200 (SLH 2023) and codified in Hawai‘i Revised Statutes § 52 1 -46, prohibits a landlord from charging an applicant for a residential dwelling unit, a tenant screening fee that is more than the actual cost to obtain informati on about the applicant.
Under the new law , charges that exceed the cost of obtaining informati on about the applicant must be returned to the applicant. Landlords must refund the tenant any fee s not used for authorized costs within 30 days of submitting the screening request. The fee can on ly be charged at the time the rental applicati on is processed and may on ly be charged to an adult 1 8 years and older or an emancipated minor who is applying to rent the residential dwelling unit.
The law aims to ensure fairness in the tenant screening process and protect applicants from unreas on able fee s. Landlords are encouraged to familiarize themselves with these new requirements to remain compliant with the law . For more informati on , landlords and tenant s can refer to Hawai‘i Revised Statutes § 52 1 -46; visit https://cca.hawaii.gov/ocp/landlord- tenant /, where OCP has published Frequently Asked Questi on s, or call the Office of C on sumer Protecti on (OCP) at the numbers listed below.
A Frequently Asked Questi on s document regarding tenant screening fee s will be disseminated to real estate industry s take holders, tenant -advocacy groups, and legal services organizati on s and is available on line at https://cca.hawaii.gov/ocp/ Tenant Screening Fee FAQ.
OCP operates the Hawai‘i Residential Landlord- Tenant Informati on Center. This free service offers informati on to the general public about Hawai‘i’s Residential Landlord- Tenant Code and other law s affecting residential landlords and tenant s. Callers can access the Informati on Center via on e of the numbers listed below between 8:00 AM and 1 2:00 PM:
If you encounter a pre-recorded message, please leave a message and your call will be returned in the order it was received on the same or next business day.
Media Contact:
William Nhieu
Communications Officer
Department of Commerce and Consumer Affairs
Email: [email protected]
Phone: 808-586-7582