2023-50 ATTORNEY GENERAL LOPEZ SEEKS INFORMATION REGARDING ILLEGAL RESIDENTIAL RENT INCREASES, EVICTIONS ON THE ISLAND OF MAUI

Posted on Oct 23, 2023 in Latest Department News, Newsroom

DEPARTMENT OF THE ATTORNEY GENERAL 

KA ʻOIHANA O KA LOIO KUHINA 

 

JOSH GREEN, M.D. 
GOVERNOR 

 

ANNE LOPEZ 

ATTORNEY GENERAL 

News Release 2023-50

 

ATTORNEY GENERAL LOPEZ SEEKS INFORMATION REGARDING ILLEGAL RESIDENTIAL RENT INCREASES, EVICTIONS ON THE ISLAND OF MAUI

FOR IMMEDIATE RELEASE

October 23, 2023

 

HONOLULU – Attorney General Anne Lopez is asking residential rental tenants on the island of Maui to inform the Department of the Attorney General if their landlords are illegally raising rent or threatening them with eviction for failure to pay rent, taxes, or fees.

Under the Seventh Proclamation Relating to Wildfires, signed by Governor Josh Green, M.D. (the Emergency Proclamation), the landlord of a residential dwelling unit on the island of Maui is prohibited from charging more rent than what was being assessed as of August 9, 2023, unless such rent increase is contained in a written agreement that was signed by the tenant prior to August 9, 2023.

It does not matter if the landlord re-rents the property to a new tenant or enters into a new agreement with the same tenant—the rent cannot exceed what was being assessed as of August 9, 2023, so long as the prohibition on rent increases in the Emergency Proclamation and subsequent emergency proclamations remains in effect. 

Additionally, under the Emergency Proclamation, a landlord on the island of Maui is prohibited from initiating, continuing, or prosecuting an eviction action against a residential rental tenant for failure to pay all or any portion of the rent, maintenance fees, utility charges, taxes, or other fees for the residential unit. Given this prohibition, merely threatening eviction under such circumstances may constitute an unlawful act.

Landlords violating these provisions of the Emergency Proclamation may be subject to penalties and remedies as provided by law, including civil penalties of up to $10,000 per day. See sections 127A-30(e) and 480-3.1, Hawaii Revised Statutes.

“We are aware of reports of Maui landlords raising rent beyond what was being assessed for the same unit as of August 9, 2023,” said Attorney General Lopez. “The purpose of the rent and eviction restrictions in the Emergency Proclamation is to address the unprecedented humanitarian crisis caused by the August wildfires. If you believe that a landlord on Maui is acting illegally under the Emergency Proclamation, report what you know to the Department of the Attorney General.”

If you would like to report a Maui landlord for potentially violating the terms of the Emergency Proclamation, email your complaint to [email protected].

 

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Media Contact:

Dave Day

Special Assistant to the Attorney General

(808) 586-1284                                                  

Email: [email protected]        

Web: http://ag.hawaii.gov