Relating To The Landlord-tenant Code.
The bill mandates that landlords must engage in mediation if a tenant schedules or attempts to schedule it. This is intended to reduce the anticipated spike in eviction actions following the end of the moratorium. Notably, the bill stipulates that both landlords and tenants are responsible for their own mediation costs unless the tenant defaults on the mediated agreement, in which case the landlord might seek compensation for related fees. This could foster a more cooperative environment between landlords and tenants to resolve disputes without legal escalation.
SB3331, introduced in the 2024 legislative session, amends the landlord-tenant code in Hawaii with specific provisions for addressing challenges posed by the expiration of an eviction moratorium that was enacted in response to the devastating wildfires on Maui. The bill aims to establish a balanced approach for landlords and tenants, particularly focusing on the process of mediation prior to any summary possession actions being taken for failure to pay rent. This comes as a response to the significant economic disruptions that resulted from the wildfires, causing many residents to struggle with rent payments.
One notable point of contention surrounding SB3331 is the requirement for landlords to participate in mediation before pursuing eviction. Some landlords may be concerned about the additional time and resources required for mediation, particularly when they are facing significant financial losses due to nonpayment of rent by tenants. On the other hand, advocates of the bill argue that mediation can help facilitate fair resolutions and prevent homelessness, especially in the wake of the financial hardships caused by natural disasters. The bill's provisions could significantly alter the approach to landlord-tenant relationships in Hawaii, placing a strong emphasis on communication and mediation.