RICO is the enforcement arm for over forty-five
professional boards, commissions, and programs that are
administratively attached to DCCA. RICO receives
complaints, conducts investigations, and prosecutes
licensing law violations. RICO also prosecutes unlicensed
activity through the issuance of citations and by filing civil
lawsuits in the Circuit Courts. RICO works to resolve
consumer complaints where appropriate and provides
consumer education about various issues relating to
licensing and consumer protection. RICO also administers
the
State Certified Arbitration Program (SCAP)
for “lemon”
motor vehicle claims.
(19RICORent
WHAT DO YOU NEED TO
KNOW?
Hawaii's Residential Landlord-Tenant
Code. Hawaii’s Residential Landlord-
Tenant Code covers the rights and
obligations of landlords and tenants who
rent on a month-to-month, week-to-week,
or other term lease basis. A property owner
who rents or leases his/her own property
must comply.
Housing discrimination in Hawaii.
Hawaii law prohibits, among other things,
discrimination when renting or leasing
property. Protected categories include race,
sex, disability, familial status, religion, color,
ancestry/national origin, age, marital status,
and HIV infection.
State and county tax laws. Property
owners must also comply with applicable
state and county tax laws, including
Hawaii's Transient Accommodations Tax
law.
What should I do?
To start, read and
review Chapters 237, 467, 515, and 521 of
the Hawaii Revised Statutes (and their
related rules). A link to some of the Hawaii
Revised Statutes can be found at
hawaii.gov/hirec.
For questions about when a real estate
license may be required, contact the
Hawaii Real Estate Commission's Real
Estate Branch at (808) 586-2643.
Publications like “Working with a Real
Estate Broker” and links to Department
of Tax bulletins and more are available at
hawaii.gov/hirec.
To report unlicensed real estate activity,
call the Regulated Industries Complaints
Office’s Consumer Resource Center at
(808) 587-4272, or visit the RICO website
at
cca.hawaii.gov/rico.
To check licensing status or for
information about hiring a licensed
professional, call (808) 587-4272, or visit
the RICO website at
cca.hawaii.gov/rico
.
To obtain a copy of the Office of
Consumer Protection’s Handbook for the
Hawaii Residential Landlord-Tenant
Code, contact the Office of Consumer
Protection at (808) 586-2634, or
download it online at
cca.hawaii.gov/
ocp.
Neighbor island residents can call, toll-
free, by dialing the following numbers,
then the last 5 digits of the telephone
number they wish to call, followed by the
# sign. (Ex. To call the Real Estate
Branch from Kauai, dial 274-3141, then 6-
2643, then #.)
Kauai…274-3141
Maui… 984-2400
Hawaii..974-4000
Lanai…1-800-468-4644
Molokai. 1-800-468-4644
For More Information:
Regulated Industries
Complaints Office
235 S. Beretania Street, Ninth Floor
Honolulu, Hawaii 96813
cca.hawaii.gov/rico
(rev. 140925-REC-Rent)
Self-manage the property
Employ a custodian or caretaker, or
Hire a licensed real estate
professional
WHAT ARE MY
OPTIONS?
DO I HAVE TO HIRE A
LICENSED CONTRACTOR TO MAKE
REPAIRS?
Yes. A contractor’s license is required for
any project valued at over $1,000 for labor
and materials, and, regardless of cost,
whenever a building permit is required.
An electrician’s license is required for
electrical work. A plumber’s license is
required to perform plumbing work.
If you have questions about whether you
need to hire a licensed contractor, a licensed
electrician, or a licensed plumber, call the
Contractor’s License Board at (808) 586-
2700 or the Board of Electricians and
Plumbers at (808) 586-2698.
CAN I HIRE A “HANDYMAN”?
If the total cost of your project, including labor
and materials, is less than $1,000, and
doesn’t require a building permit, you can hire
a handyman. “Handymen” usually perform
minor repairs and projects that are typically
described as
“odd jobs” or "fix-up tasks.”
Note: The so-called “handyman exemption”
does not apply to electrical or plumbing work!
Self-Manage the Property
In the State of Hawaii, a real estate license
is required to sell, buy, lease, and manage
real property. The law provides an exception
for individuals, and an individual can sell, buy,
lease, and manage his/her own property
without a real estate license.
If you decide to self-manage your property,
you will need to be familiar with, and comply
with, all applicable Hawaii laws. For example,
under Hawaii’s Residential Landlord-Tenant
Code, if you offer to rent your property and live
off-island, you’ll need to find an on-island
agent to act on your behalf. The on-island
agent doesn’t have to be a licensed real
estate professional, unless he/she is involved
in real estate activities, like renting or offering
to rent the property.
If you’re off-island, you’ll also need to
designate a
local contact
who resides on the
same island as the transient accommodation.
The local contact may be an individual or an
entity with a principal place of business on the
same island as the property. Because they
are on the same island as the transient
accommodation, the local contact may be
able to assist with issues which may arise
relevant to the transient accommodation. The
on-island local contact doesn’t have to be a
licensed real estate professional, unless
he/she is also involved in real estate
activities, like renting or offering to rent the
property.
What to look for:
Who should you hire? To start, you may
want to (1) get referrals, (2) ask to speak
with other, current clients, and (3) ask to
see a sample property management
agreement.
Be sure to check licensing and prior
complaint history with the Regulated
Industries Complaints Office.
Employ a Custodian or Caretaker
As an alternative, a property owner can hire a
custodian or caretaker to manage or care for
his/her property(ies). A “custodian” or
“caretaker” doesn’t need a real estate license,
but must be employed by the owner, and can
only work as a custodian or caretaker for a
single owner. A custodian or caretaker can act
as your on-island agent and/or the local
contact, if one is required.
Hire a Licensed Real Estate Professional
If vetting tenants and collecting rent isn’t for
you, you should consider hiring a licensed real
estate broker or salesperson. Although a
licensed real estate professional will charge for
services, here are some things to consider:
•
Familiarity with Hawaii's laws & rules
Licensed real estate professionals are familiar
with the various laws and rules that relate to
managing real property in this State, including
Hawaii’s Landlord Tenant Code, state tax
reporting requirements for transient
accommodation operators, and Hawaii’s fair
housing laws.
• Experience
Sometimes there's no substitute for experience.
Marketing the rental, collecting rent, handling
maintenance and repair issues, responding to
tenant inquiries and complaints, and handling
evictions, are all part of the property
management process. Getting help from a
professional may save time, money, and
headaches, in the end.
• Manage geographically distant properties
Because of Hawaii’s unique geography,
property owners who rent and lease property
have additional obligations under Hawaii law. A
licensed real estate professional can act as
both your on-island agent and your local
contact, if one is required.