(a) Any records of
real estate transactions made or kept by an owner, any person engaging in a
real estate transaction, or real estate broker or salesperson involving the
lease or rental of a housing accommodation:
(1) In a building which has four or more
housing accommodations; or
(2)
Which is owned by a person who owns three or more housing accommodations;
shall be preserved for one year from the date of making the
record or the occurrence of the real estate transaction practice, policy, or
action involved, whichever is later. The records shall include, but not be
limited to, advertisements, applications, and any other information furnished
by the person seeking the housing accommodation, lease or rental agreements,
eviction records, any records affecting changes in the terms, conditions,
privileges, or enjoyment of tenancy, occupancy, or use of the premises, and
corporate or association minutes and resolutions adopting house rules affecting
occupancy.
(b)
Any other records of real estate transactions, not involving a lease or rental,
made or kept by an owner, any person engaging in a real estate transaction, or
real estate broker or salesperson shall be preserved for one year from the date
of making of the record or the occurrence of the real estate transaction
practice, policy, or action involved, whichever is later.
(c) Where a complaint has been filed or a
civil action has been brought against a respondent under chapter 368 or 515,
HRS, the respondent shall preserve all records relevant to the complaint or
action until final disposition of the complaint or action, as defined in
section
12-46-21(c)(2).
(d) Where a
respondent is required to preserve records under this section and the records
have been destroyed or are unavailable, in an investigation or proceeding on a
complaint filed with the commission or in a civil action it may be presumed
that the evidence contained in the records was adverse to the interest or
position of the respondent.
Notes
Haw. Code R.
§
12-46-304
[Eff 10/15/93] (Auth:
HRS §§
368-3;
515-9(7))
(Imp: HRS §§
515-1,
515-3,
515-5,
515-6,
515-9)
