Relating To Affordable Housing.
The bill proposes amendments to Chapter 663 of the Hawaii Revised Statutes, outlining that if a contractor, developer, or owner of affordable housing conducts activities that involve temporary intrusion into a neighboring landowner's airspace, it should not constitute a trespass as long as it doesn’t materially interfere with the landowner's use of that space. This provision is aimed at streamlining construction practices and allowing the development of affordable housing without the looming threat of legal action for trespass due to temporary airspace occupation.
House Bill 1987 aims to address the severe shortage of affordable housing in Hawaii. The bill specifically tackles issues regarding the rights of contractors and developers to utilize construction cranes that may temporarily intrude into the airspace of neighboring properties. It highlights the financial burden placed on these contractors due to the necessity of obtaining air rights, which can often lead to exorbitant fees demanded by neighboring landowners for minimal impact on their actual use of property. This financial strain potentially delays housing projects, aggravating the housing crisis in the state.
While supporters argue that this measure will promote the development of affordable housing and assist in alleviating the housing crisis, there may be considerable contention. Homeowners could raise concerns about their property rights, and the potential impact on their enjoyment of their land could ignite legal disputes of its own. Additionally, further clarification may be needed to ensure protections for both developers and landowners, preventing any possible exploitation or unfair practices that could arise from such an amendment.