§521-7 Exclusions from application of
chapter. 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;