| 47 | | - | SECTION 1. The legislature finds that rental housing is a vital source of housing for many working families and residents in Hawaii, with 38.2 per cent of Hawaii residents living as renters, according to the university of Hawaii economic research organization's 2024 Hawaii Housing Factbook. Increasing the availability of rental housing is essential to addressing Hawaii's housing shortage and ensuring stability for residents. The legislature further finds that landlord-tenant relationships are governed by various federal and state laws, which require clear understanding and compliance to ensure fair and equitable treatment for landlords and tenants. The increasing complexity of these laws and navigating the court process can also create difficulties for landlords and tenants. The legislature further finds that making improvements to the Residential Landlord-Tenant Code may help landlords have more certainty and confidence in their ability to rent their properties and provide Hawaii residents with much needed housing. In addition, clarifying the Residential Landlord-Tenant Code will reduce the number of cases that are brought to court, thus alleviating the burden placed on the judicial system. Accordingly, the purpose of this Act is to establish a three-year working group to conduct a comprehensive review of the Residential Landlord-Tenant Code and recommend necessary updates. SECTION 2. (a) There shall be established a three-year residential landlord-tenant code working group within the judiciary to: (1) Conduct a comprehensive review of the Residential Landlord-Tenant Code to determine if any amendments or updates are necessary; (2) Review existing mechanisms available to landlords and tenants for the enforcement of rights under the Residential Landlord-Tenant Code; and (3) Consider the feasibility of statutory processes through which injunctive relief might be obtained. (b) The working group shall consist of the following members: (1) The chief justice of the Hawaii supreme court, or the chief justice's designee, who shall serve as the chairperson of the working group; (2) The president of the senate, or the president's designee; (3) The speaker of the house of representatives, or the speaker's designee; (4) An attorney specializing in landlord-tenant laws, to be invited by the chairperson; (5) One member who owns and manages a property, but is not a real estate licensee, to be invited by the chairperson; (6) Two members from organizations representing professional property managers, to be invited as follows: (A) One member to be invited by the president of the senate, or the president's designee; and (B) One member to be invited by the speaker of the house of representatives, or the speaker's designee; (7) Two members from organizations representing tenant concerns, to be invited as follows: (A) One member to be invited by the president of the senate, or the president's designee; and (B) One member to be invited by the speaker of the house of representatives, or the speaker's designee; and (8) Any other member deemed necessary by the working group who provides the appropriate special expertise, including representatives from organizations with experience in landlord or tenant issues, upon approval by the chairperson. (c) The members of the working group shall serve without compensation. (d) No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group. (e) The working group shall submit an initial report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026, and a final report of its findings and recommendations, including any proposed legislation, to the legislature no later than July 1, 2028. (f) An initial meeting of the working group shall be convened no later than July 1, 2025. (g) The working group shall be dissolved on July 1, 2028. SECTION 3. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that rental housing is a vital source of housing for many working families and residents in Hawaii, with 38.2 per cent of Hawaii residents living as renters, according to the University of Hawaii economic research organization's 2024 Hawaii Housing Factbook. Increasing the availability of rental housing is essential to addressing Hawaii's housing shortage and ensuring stability for residents. The legislature further finds that landlord-tenant relationships are governed by various federal and state laws, which require clear understanding and compliance to ensure fair and equitable treatment for landlords and tenants. The increasing complexity of these laws and navigating the court process can also create difficulties for landlords and tenants. The legislature further finds that making improvements to the Residential Landlord-Tenant Code may help landlords have more certainty and confidence in their ability to rent their properties and provide Hawaii residents with much needed housing. In addition, clarifying the Residential Landlord-Tenant Code will reduce the number of cases that are brought to court, thus alleviating the burden placed on the judicial system. Accordingly, the purpose of this Act is to establish a three-year working group to research and improve the Residential Landlord-Tenant Code and address any other relevant landlord-tenant issues and provide an opportunity for collaboration among key stakeholders to identify concerns, evaluate potential solutions, and recommend best practices for the State's rental housing market. SECTION 2. (a) There is established a three-year residential landlord-tenant code working group within the department of the attorney general to: (1) Evaluate the challenges faced by landlords and tenants, including legal, financial, and procedural issues that are barriers to offering or obtaining rental housing; (2) Identify best practices and potential Residential Landlord-Tenant Code or other regulatory improvements for property managers, property owners, and tenants; (3) Determine problem areas that impact property managers, property owners, and tenants and whether educational resources or other solutions can help address those challenges; and (4) Explore any other feasible ideas or relevant solutions, pursuant to the discretion of the working group. (b) The working group shall consist of the following members: (1) The attorney general, or the attorney general's designee, who shall serve as the chairperson of the working group; (2) The president of the senate, or the president's designee; (3) The speaker of the house of representatives, or the speaker's designee; (4) A representative from the judiciary with experience in landlord-tenant cases; (5) An attorney specializing in landlord-tenant laws, to be invited by the chairperson; (6) One member who owns and manages a property, but is not a real estate licensee, to be invited by the chairperson; (7) Two members from organizations representing professional property managers, to be invited as follows: (A) One member to be invited by the president of the senate, or the president's designee; and (B) One member to be invited by the speaker of the house of representatives, or the speaker's designee; (8) Two members from organizations representing tenant concerns, to be invited as follows: (A) One member to be invited by the president of the senate, or the president's designee; and (B) One member to be invited by the speaker of the house of representatives, or the speaker's designee; and (9) Any other member deemed necessary by the working group who provides the appropriate special expertise, including representatives from organizations with experience in landlord or tenant issues, upon approval by the chairperson. (c) The members of the working group shall serve without compensation. (d) No member of the working group shall be subject to chapter 84, Hawaii Revised Statutes, solely because of the member's participation in the working group. (e) The working group shall submit an initial report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2026, and a final report of its findings and recommendations, including any proposed legislation, to the legislature no later than July 1, 2028. (f) An initial meeting of the working group shall be convened no later than July 1, 2025. (g) The working group shall be dissolved on July 1, 2028. SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. This Act shall take effect on July 1, 3000. |
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