AR-News: FW: Bill To Prohibit Animal Companion Housing Discrimination

Mon Jan 26 15:27:30 EST 2004

Subject: Bill To Prohibit Animal Companion Housing Discrimination

Hawai`i has a chance to lead the nation by forbidding discrimination in
housing based solely upon whether or not a person lives with animals. This
would mean people with animals could more easily find rentals, and could not
be kicked out soley on the basis of whther there are animals in the rental.
It would supercede condominuum and apartment rules as well as apply to home
buying.

This means a number of things:

-Many thousands of animals will not be killed at local "humane" societies
across the state.  The number killed goes up with the number of animals now
coming into the state due to reduced quarantine law witing periods.  People
arrive with animals only to find they cannot get housing for them.

-Less evictions and homelessness for people with animals - rehabbers, foster
families, shelteres, etc.

-A one time jump in a number of new homes if passed.  People who want to
rescue animals from "humane" societies will go up because they will now be
able to have animal companions live with them.

-The level of respect for animals will be increased - raising them to at
least the level of children and other family members.

-It should save taxpayers millions in reduced court costs, homeless related
costs, and animal killing costs.

SO, CONTACT SENATORS COLLEEN HANABUSA AND ROB MENOR TODAY!!!  TELL THEM HOW
IMPORTANT THE BILL IS TO YOU AND MOST IMPORTANTLY ASK THEM TO HOLD PUBLIC
HEARINGS ON THE BILL.  Without a hearing the bill will never be considered.
Their contact information is below along with the full text of the bill.

For the Animals,

Animal CARE Foundation

Colleen Hanabusa
21st Senatorial District
Hawaii State Capitol, Room 214
415 South Beretania Street
Honolulu, HI 96813
Phone 808-586-7793; Fax 808-586-7797
Email senhanabusa at Capitol.hawaii.gov

Ron Menor
17th Senatorial District
Hawaii State Capitol, Room 219
415 South Beretania Street
Honolulu, HI 96813
phone 808-586-6740, 623-7797; fax 808-586-6829
e-mail senmenor at Capitol.hawaii.gov

http://www.capitol.hawaii.gov/sessioncurrent/bills/sb2675_.htm

Report Title:

Real Property Transactions; Animal Companions

Description:

Includes discrimination against individuals who live with an animal as a
discriminatory practice in real property transactions.

THE SENATE
 S.B. NO.
 2675

TWENTY-SECOND LEGISLATURE, 2004

STATE OF HAWAII

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A BILL FOR AN ACT

relating to discrimination in real property transactions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that one out of every seven people in
Hawaii have an animal as a companion or as part of their ohana. Yet about
one hundred thousand animal companions are killed each year, many because
their owners are forced to surrender their animal companions because their
housing does not permit them. Courts are being clogged with eviction
proceedings for those who have animals, and many families are homeless from
those evictions. All these factors contribute to millions of taxpayer
dollars that could be saved.

The purpose of the Act is to include discrimination against individuals who
live with an animal as a discriminatory practice in real property
transactions.

SECTION 2. Section 515-3, Hawaii Revised Statutes, is amended to read as
follows:

"§515-3 Discriminatory practices. It is a discriminatory practice for an
owner or any other person engaging in a real estate transaction, or for a
real estate broker or salesperson, because of race, sex, color, religion,
marital status, familial status, ancestry, disability, age, animal companion
status, or HIV (human immunodeficiency virus) infection:

(1) To refuse to engage in a real estate transaction with a person;

(2) To discriminate against a person in the terms, conditions, or privileges
of a real estate transaction or in the furnishing of facilities or services
in connection therewith;

(3) To refuse to receive or to fail to transmit a bona fide offer to engage
in a real estate transaction from a person;

(4) To refuse to negotiate for a real estate transaction with a person;

(5) To represent to a person that real property is not available for
inspection, sale, rental, or lease when in fact it is so available, or to
fail to bring a property listing to the person's attention, or to refuse to
permit the person to inspect real property, or to steer a person seeking to
engage in a real estate transaction;

(6) To print, circulate, post, or mail, or cause to be so published a
statement, advertisement, or sign, or to use a form of application for a
real estate transaction, or to make a record or inquiry in connection with a
prospective real estate transaction, which indicates, directly or
indirectly, an intent to make a limitation, specification, or discrimination
with respect thereto;

(7) To offer, solicit, accept, use, or retain a listing of real property
with the understanding that a person may be discriminated against in a real
estate transaction or in the furnishing of facilities or services in
connection therewith;

(8) To refuse to engage in a real estate transaction with a person or to
deny equal opportunity to use and enjoy a housing accommodation due to a
disability because the person uses the services of a guide dog, signal dog,
or service animal; provided that reasonable restrictions or prohibitions may
be imposed regarding excessive noise or other problems caused by those
animals. For the purposes of this paragraph:

"Animal companion status" means the status of a human who lives with an
animal;

"Blind" shall be as defined in section 235-1;

"Deaf" shall be as defined in section 235-1;

"Guide dog" means any dog individually trained by a licensed guide dog
trainer for guiding a blind person by means of a harness attached to the dog
and a rigid handle grasped by the person;

"Reasonable restriction" shall not include any restriction that allows any
owner or person to refuse to negotiate or refuse to engage in a real estate
transaction; provided that as used in this paragraph, the "reasonableness"
of a restriction shall be examined by giving due consideration to the needs
of a reasonable prudent person in the same or similar circumstances.
Depending on the circumstances, a "reasonable restriction" may require the
owner of the animal companion, service animal, guide dog, or signal dog to
comply with one or more of the following:

(A) Observe applicable laws including leash laws and pick-up laws;

(B) Assume responsibility for damage caused by the [dog;] animal; or

(C) Have the housing unit cleaned upon vacating by fumigation, deodorizing,
professional carpet cleaning, or other method appropriate under the
circumstances.

The foregoing list is illustrative only, and neither exhaustive nor
mandatory;

"Service animal" means any animal that is trained to provide those life
activities limited by the disability of the person;

"Signal dog" means any dog that is trained to alert a deaf person to
intruders or sounds;

(9) To solicit or require as a condition of engaging in a real estate
transaction that the buyer, renter, or lessee be tested for human
immunodeficiency virus infection (HIV), the causative agent of acquired
immunodeficiency syndrome (AIDS);

(10) To refuse to permit, at the expense of a person with a disability,
reasonable modifications to existing premises occupied or to be occupied by
the person if modifications may be necessary to afford the person full
enjoyment of the premises. A real estate broker or salesperson, where it is
reasonable to do so, may condition permission for a modification on the
person agreeing to restore the interior of the premises to the condition
that existed before the modification, reasonable wear and tear excepted;

(11) To refuse to make reasonable accommodations in rules, policies,
practices, or services, when the accommodations may be necessary to afford a
person with a disability equal opportunity to use and enjoy a housing
accommodation;

(12) In connection with the design and construction of covered multifamily
housing accommodations for first occupancy after March 13, 1991, to fail to
design and construct housing accommodations in such a manner that:

(A) The housing accommodations have at least one accessible entrance, unless
it is impractical to do so because of the terrain or unusual characteristics
of the site; and

(B) With respect to housing accommodations with an accessible building
entrance:

(i) The public use and common use portions of the housing accommodations are
accessible to and usable by disabled persons;

(ii) Doors allow passage by persons in wheelchairs; and

(iii) All premises within covered multifamily housing accommodations contain
an accessible route into and through the housing accommodations; light
switches, electrical outlets, thermostats, and other environmental controls
are in accessible locations; reinforcements in the bathroom walls allow
installation of grab bars; and kitchens and bathrooms are accessible by
wheelchair; or

(13) To discriminate against or deny a person access to, or membership or
participation in any multiple listing service, real estate broker's
organization, or other service, organization, or facility involved either
directly or indirectly in real estate transactions, or to discriminate
against any person in the terms or conditions of such access, membership, or
participation."

SECTION 3. If any provision of this Act, or the application thereof to any
person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of the Act, which can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New
statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:
 _____________________________

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