Pass-Through Utility Charges for Mobile Home Renters in Hawaii

Mobile and manufactured home renters in Hawaii often wonder if parks can legally charge 'pass-through' utility costs, such as water, electricity, or gas. Understanding these charges and your rights will help you spot unfair practices and know when to take action. This article uses up-to-date Hawaii law and official resources to explain your bill, your rights, and how to resolve problems with utility pass-through charges.

What Are Pass-Through Utility Charges?

Pass-through utility charges are amounts the park owner bills renters based on utility costs paid to outside utility companies. Instead of charging you a flat monthly fee, the landlord might pass on the park's actual utility bills directly to tenants, dividing the total cost among all homes or charging according to individual use.

Are Pass-Through Utility Charges Allowed in Hawaii?

In Hawaii, rules about charging for utilities in mobile home and manufactured housing communities are set by state landlord-tenant law. While Hawaii does not have dedicated mobile home park legislation, Hawaii’s Residential Landlord-Tenant Code governs rental arrangements, including utility charges for mobile home renters.^[1]

• Landlords may only pass through actual utility costs—they cannot add extra fees or profit from utility billing.
• The landlord must provide a written rental agreement that clearly states how utilities are charged.
• Charges must be based on either each home’s actual usage (if separately metered) or a fair formula outlined in your lease.
• Landlords must provide bill copies or documentation on how charges are calculated, if requested.

Disclosure Requirements

Your rental agreement must include:

• A list of utilities you are responsible for
• The method used to calculate or divide these charges
• Whether units are separately metered or submetered

If this is not in writing, landlords cannot require you to pay additional utility pass-throughs beyond what was agreed.

Protections Against Overcharging

The law prohibits marking up actual utility costs. Landlords must not charge more than what the outside utility provider bills for the entire property, divided as described in your agreement.

If you believe you are being overcharged for utilities, you can:

• Request documentation from your landlord
• File a complaint with the Office of Consumer Protection

Official Forms and How to Use Them

• Hawaii Residential Landlord-Tenant Complaint Form (OCP LT-01):
  • When/How to Use: Use this form if you believe your landlord is overcharging for utilities or breaking the rules regarding utility disclosures and fees. Describe your issue and attach any supporting documents (utility bills, lease copies).
  • Landlord-Tenant Complaint Form PDF

Once filled, submit this form to the Office of Consumer Protection for investigation.

Which Board Handles Tenant Utility Complaints?

In Hawaii, the Office of Consumer Protection Landlord-Tenant Branch is the official agency that investigates utility and rental dispute complaints for mobile home residents.

Relevant Legislation

See the Hawaii Residential Landlord-Tenant Code for the most current utility and disclosure rules.^[2]

FAQs for Hawaii Mobile Home Renters

1. Can my landlord charge me more for utilities than they pay to the utility company?
   No, landlords may only bill you for actual utility costs as invoiced by the utility company. They cannot mark up charges or add extra profit.^[2]
2. What if my rental agreement does not mention utility charges?
   If your lease is silent on utilities, the landlord cannot require you to pay extra pass-through utility fees unless you agree in writing.
3. How do I dispute suspicious or unclear utility charges?
   Ask your landlord for written proof of calculation and the original utility bill. If you're unsatisfied with the response, file a complaint with the Office of Consumer Protection using their complaint form.
4. Can my landlord disconnect my utilities if I dispute the charges?
   Hawaii law prohibits landlords from shutting off utilities as retaliation or without proper legal process.^[2]
5. Where can I get help or learn more about my rights?
   Visit the Office of Consumer Protection or call their Landlord-Tenant line for guidance and official information.

Key Takeaways for Renters

• Only pay utility pass-throughs if the method and amounts are in your written agreement.
• Landlords cannot overcharge or add prohibited fees to utility bills.
• Always ask for documentation if charges appear higher than expected.
• If you have concerns, contact Hawaii's Office of Consumer Protection for help.

Summing up, be proactive in reviewing your utility charges and knowing your rights. Documentation and written agreements offer the strongest protection from unfair pass-through utility charges.

Need Help? Resources for Renters

• Hawaii Office of Consumer Protection – Landlord-Tenant Branch
  For complaints, official forms, and answers to rental questions
• Hawaii Residential Landlord-Tenant Code (full legislation)
• Landlord-Tenant Complaint Form OCP LT-01 (PDF)
• Call the Hawaii Landlord-Tenant Information Line: (808) 586-2634 (Oahu) or toll-free (800) 586-2634 (neighbor islands)

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1. Hawaii Office of Consumer Protection – Landlord-Tenant Branch
2. Hawaii Residential Landlord-Tenant Code

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