Hawaii House Bill HCR109

Hawaii 2024 Regular Session

• Introduced: 3/7/24
• Refer: 3/13/24

Caption

Requesting Congress To Propose To Amend The United States Constitution To Authorize The State Of Hawaii To Enact Laws To Authorize Only Hawaii Residents To Purchase Residential Real Properties In The State.

Impact

If successful, the proposed amendment would allow Hawaii to legislate in favor of resident-only purchasing, aimed at reducing the competition for housing that nonresident buyers create. Proponents argue that such laws could lead to lower home prices, thereby improving affordability for local residents; a pressing issue in a state where homeownership is increasingly out of reach for many. The resolution underscores the necessity of legislative action due to the increasing difficulty for locals to secure real estate amid rising market prices fueled by outside investment.

Summary

HCR109 is a House Concurrent Resolution introduced in the Hawaii State Legislature during the 2024 session, which seeks to request Congress to propose an amendment to the United States Constitution. The objective of this bill is to empower the State of Hawaii to enact laws restricting the purchase of residential real properties solely to Hawaii residents. This initiative is motivated by the unique geographical and demographic challenges faced by Hawaii, where limited land availability is compounded by significant pressure from nonresident buyers driving up home prices.

Contention

HCR109 anticipates legal challenges, as such a restriction on property purchases is likely to conflict with existing constitutional provisions regarding interstate commerce and property rights. Critics may argue that the resolution may violate the Constitution by imposing a restriction that could be seen as discriminatory against nonresidents. Hence, before any potential implementation by the state, the bill stresses the need for congressional approval to amend the Constitution, reflecting a proactive approach to address Hawaii's unique housing crisis while acknowledging the complexities of federal law.