When This Law Does Not Apply

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.