As the imposition of a rent trust fund--requiring tenants to
pay rent in exchange for possession for the duration of the dispute--appears
rationally related to achieving the purpose of providing landlords with an
expeditious alternative to eviction proceedings and tenants with an opportunity
to maintain possession so long as rent is paid when properly due, this section
does not violate the equal protection clauses of the U.S. and Hawaii
Constitutions. 107 H. 73, 110 P.3d 397 (2005).
Before ordering that a rent trust fund pursuant to this
section be established, the trial court should have held a hearing on the claim
of defendant, as tenant of outdoor spaces rented to tenant by plaintiff, that
defendant was not allowed to take possession of the spaces. 107 H. 73, 110
P.3d 397 (2005).