Relating To The Residential Landlord-tenant Code.
If enacted, HB 2085 will significantly alter the existing statutes governing application screening by limiting the circumstances under which landlords may charge screening fees. Specifically, landlords will not be able to charge applicants for additional screening if they provide certified copies of their background checks or credit reports obtained from previous landlords within a specified timeframe. This change is anticipated to foster greater access to rental units for those who may be economically disadvantaged, as it discourages the practice of multiple fee collections for similar information. Additionally, landlords must provide receipts and breakdowns for any fees charged and ensure any unused portions of these fees are returned promptly to applicants.
House Bill 2085 seeks to amend the existing residential landlord-tenant code in Hawaii to reduce the financial burdens on prospective tenants. This bill addresses the challenges faced by low-income households and those experiencing homelessness when navigating the competitive rental market. It proposes a mechanism by which applicants can use a certified copy of their criminal background check and credit report obtained from one landlord to apply with another landlord without incurring additional application screening fees, thereby easing their financial strain. Current practices often require tenants to pay multiple fees for each application, which can accumulate to a substantial amount, especially in a tight housing market.
While the bill aims to support tenants, it may also create contention amongst landlords who depend on application fees to cover administrative costs associated with the tenant vetting process. There may be concerns regarding how the implementation of certified documents will be managed and whether landlords will be able to adequately trust information received from other landlords. Additionally, some stakeholders may argue about potential loopholes that could arise from the provisions of the bill. The discussions surrounding this measure are likely to invoke broader conversations about the balance between tenant rights and landlord protections in the constantly evolving rental landscape.