Section 12-46-304 - Record keeping requirements(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.[Eff 10/15/93] (Auth: HRS §§ 368-3; 515-9(7)) (Imp: HRS §§ 515-1, 515-3, 515-5, 515-6, 515-9)