Haw. Rev. Stat. § 521 § 521-7
Exclusions from application of chapter.
Operative Text
Unless created solely to avoid the application of this chapter, this chapter shall not apply to: (1) Residence at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, geriatric, educational, religious, or similar services; (2) Residence in a structure directly controlled and managed by: (A) The University of Hawaii or any other university or college in the State for housing its own students or faculty or residence in a structure erected on land leased from the university or college by a nonprofit corporation for the exclusive purpose of housing students or faculty of the college or university; or (B) A private dorm management company that offers a minimum of fifty beds to students of any college, university, or other institution of higher education in the State; (3) Occupancy under a bona fide contract of sale of the dwelling unit or the property of which it is a part where the tenant is, or succeeds to the interest of, the purchaser; (4) Residence by a member of a fraternal organization in a structure operated without profit for the benefit of the organization; (5) Transient occupancy on a day-to-day basis in a hotel or motel; (6) Occupancy by an employee of the owner or landlord whose right to occupancy is conditional upon that employment or by a pensioner of the owner or landlord or occupancy for a period of up to four years subsequent thereto, pursuant to a plan for the transfer of the dwelling unit or the property of which it is a part to the occupant; (7) A lease of improved residential land for a term of fifteen years or more, measured from the date of the commencement of the lease; (8) Occupancy by the prospective purchaser after an accepted offer to purchase and prior to the actual transfer of the owner's rights; (9) Occupancy by the seller of residential real property after the transfer of the seller's ownership rights; (10) Occupancy in a homeless facility or any other program for the homeless authorized under part XVII of chapter 346; (11) Residence or occupancy in a public housing project or complex directly controlled, owned, or managed by the Hawaii public housing authority pursuant to the federal low rent public housing program; (12) Residence or occupancy in a transitional facility for abused family or household members; or (13) Residence or occupancy in a structure or on a property directly controlled, owned, or managed by the Hawaii public housing authority. [L 1972, c 132, pt of §1; am L 1986, c 112, §1; am L 1988, c 307, §1; am L 1991, c 18, §1 and c 212, §8; am L 1994, c 248, §1; am L 1995, c 43, §1; am L 1997, c 350, §14; am L 1998, c 11, §27; am L 2005, c 196, §26(a); am L 2006, c 24, §6 and c 180, §16; am L 2007, c 193, §5 as superseded by c 249, §30; am L 2010, c 89, §11; am L 2012, c 43, §1; am L 2017, c 114, §1; am L 2018, c 194, §2]
Hawaii Revised Statutes § 521-7 carves out a list of living arrangements to which the state's residential landlord-tenant chapter (Chapter 521) does not apply, provided those arrangements were not created simply to dodge the law's protections. The exclusions cover a wide range of situations, including institutional residences, certain university and private dormitory housing, transient hotel or motel stays, long-term land leases of fifteen or more years, public housing managed by the Hawaii Public Housing Authority, transitional facilities for abuse survivors, and several other specific occupancy types. When a living situation falls within one of these categories, the rights and obligations established elsewhere in Chapter 521 generally do not govern the relationship between the occupant and the housing provider.
Plain English — not legal advice.
Operators and property managers should be aware that § 521-7 defines the boundaries of Chapter 521's reach, meaning that certain housing arrangements—such as employer-provided housing tied to employment, qualifying private dormitories offering at least fifty beds to college students, or properties managed directly by the Hawaii Public Housing Authority—fall outside the chapter's standard landlord-tenant framework. Compliant operators in these excluded categories typically document the nature of the occupancy clearly in their agreements so that the basis for the exclusion is evident. Because the statute expressly disallows exclusions that are created solely to avoid Chapter 521, housing providers generally ensure that any qualifying arrangement reflects a genuine operational purpose rather than a technical workaround.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are living in a setting that a housing provider claims is excluded from Hawaii's landlord-tenant law under § 521-7—such as a dormitory, a hotel, an employer-tied residence, or a public housing authority property—it is worth understanding that the exclusion only applies when the arrangement was not set up solely to avoid Chapter 521's protections. Tenants who believe an exclusion is being improperly claimed may have grounds to raise that issue as a defense in a legal proceeding or to seek guidance from a tenant-rights organization familiar with Hawaii housing law. Consulting a legal aid organization or Hawaii's state court self-help resources can help clarify whether a particular living situation genuinely falls outside Chapter 521's coverage.
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.
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