Haw. Rev. Stat. § 127A-30 § 127A-30

Rental or sale of essential commodities during a state of emergency; prohibition against price increases.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiEviction & Just Cause

Operative Text

Haw. Rev. Stat. § 127A-30 § 127A-30
(a) Whenever the governor declares a state of emergency for the entire State or any portion thereof, or a mayor declares a local state of emergency for the county or any portion thereof, or when the State, or any portion thereof, is the subject of a severe weather warning:
(1) There shall be prohibited any increase in the selling price of any commodity, whether at the retail or wholesale level, in the area that is the subject of the proclamation or severe weather warning; provided that the prohibition may be restricted to particular commodities in the proclamation; and
(2) No landlord shall terminate any tenancy for a residential dwelling unit in the area that is the subject of the proclamation or severe weather warning, except for a breach of a material term of a rental agreement or lease, or if the unit is unfit for occupancy as defined in this chapter; provided that:
(A) Nothing in this chapter shall be construed to extend a fixed-term lease beyond its termination date, except that a periodic tenancy for a residential dwelling unit may be terminated by the landlord upon forty-five days' written notice:
(i) When the residential dwelling unit is sold to a bona fide purchaser for value; or
(ii) When the landlord or an immediate family member of the landlord will occupy the residential dwelling unit; or
(B) Under a fixed-term lease or periodic tenancy, upon forty-five days' written notice, a landlord may require a tenant or tenants to relocate during the actual and continuous period of any repair to render a residential dwelling unit fit for occupancy; provided that:
(i) Reoccupancy shall first be offered to the same tenant or tenants upon completion of the repair;
(ii) The term of the fixed-term lease or periodic tenancy shall be extended by a period of time equal to the duration of the repair; and
(iii) It shall be the responsibility of the tenant or tenants to find other accommodations during the period of repair.
(b) Notwithstanding this section, any additional operating expenses incurred by the seller or landlord because of the emergency, disaster, or severe weather warning that can be documented may be passed on to the consumer. In the case of a residential dwelling unit, if rent increases are contained in a written instrument that was signed by the tenant before the declaration or severe weather warning, the increases may take place pursuant to the written instrument.
(c) The prohibitions under subsection (a) shall remain in effect until twenty-four hours after the severe weather warning is canceled by the issuing agency; or in the event of a declaration, seventy-two hours after the effective date and time of the declaration, unless the prohibition is identified and continued and the types of commodities are identified by the governor or mayor in the proclamation or any supplementary proclamation. Any proclamation issued under this chapter that fails to state the time at which it will take effect, shall take effect at noon on the day on which it takes effect.
(d) In any action against a merchant, landlord, or other business for violation of the price limitations in this section, the defendant shall be deemed not to have violated this section if the defendant proves all of the following:
(1) The violation of the price limitation was unintentional;
(2) The defendant voluntarily rolled back prices to the appropriate level upon discovering that this section was or may have been violated; and
(3) The defendant has instituted a restitution program for all consumers who may have paid excessive prices.
(e) Any violation of this section shall constitute unfair methods of competition and unfair and deceptive acts or practices in the conduct of any trade or commerce under section 480-2 and shall be subject to a civil penalty as provided in section 480-3.1. Each item sold at a price that is prohibited by this section shall constitute a separate violation.
(f) As used in this section:
"Breach of a material term" means the failure of a party to perform an obligation under the rental agreement or lease, which constitutes the consideration for entering into the contract and includes the failure to make a timely payment of rent.
"Commodity" means any good or service necessary for the health, safety, and welfare of the people of Hawaii; provided that this term shall include, but not be limited to: materials; merchandise; supplies; equipment; resources; and other articles of commerce that shall include food; water; ice; chemicals; petroleum products; construction materials; or residential dwellings.
"Fixed-term lease" means a lease for real property that specifies its beginning date and its termination date as calendar dates, or contains a formula for determining the beginning and termination dates; and the application of the formula as of the date of the agreement will produce a calendar date for the beginning and termination of the lease.
"Periodic tenancy" means a tenancy wherein real property is leased for an indefinite time with monthly or other periodic rent reserved. A periodic tenancy may be created by express agreement of the parties, or by implication upon the expiration of a fixed-term lease when neither landlord nor tenant provides the other with written notice of termination and the tenant retains possession of the premises for any period of time after the expiration of the original term.
"Unfit for occupancy" means that a residential dwelling unit has been damaged to the extent that the appropriate county agency determines that the unit creates a dangerous or unsanitary situation and is dangerous to the occupants or to the neighborhood. [L 2014, c 111, pt of §2; am L 2024, c 206, §4]
Source: Legislative text reproduced verbatim
Plain English

Under Haw. Rev. Stat. § 127A-30, when a state or local emergency is declared or a severe weather warning is issued, landlords are barred from raising rents and from terminating most residential tenancies in the affected area. Price increases on essential commodities are similarly prohibited at both retail and wholesale levels. These restrictions generally expire 72 hours after a declaration or 24 hours after a severe weather warning is lifted, unless extended by proclamation. Documented extra costs caused by the emergency may be passed through to consumers, and pre-signed rent-increase agreements remain enforceable.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Haw. Rev. Stat. § 127A-30 generally refrain from raising rents or issuing termination notices during a covered emergency or severe weather warning, except in narrow circumstances such as a material lease breach, a sale to a bona fide purchaser, owner-occupancy, or a unit deemed unfit for occupancy. Compliant operators document any additional emergency-related operating costs before passing them on to tenants. Landlords who inadvertently charge prohibited amounts and wish to invoke the good-faith defense under subsection (d) typically roll back prices promptly and establish a restitution program for affected tenants.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Haw. Rev. Stat. § 127A-30 protects residential tenants from rent increases and most evictions during a declared emergency or severe weather warning in the affected area. A landlord may still terminate tenancy for a material lease breach or if the unit is officially deemed unfit for occupancy. Tenants who believe this provision has been violated may raise it as a defense in eviction proceedings, file a complaint with the Hawaii Office of Consumer Protection, or contact a local tenant-rights organization to explore available options.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 23, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

Snapshot SHA:
Fetched:Oct 23, 2026, 07:46 AM UTC