| 43 | | - | WHEREAS, rental housing is a vital source of housing for many working families, residents, and locals in Hawaii, with 38.2 percent of Hawaii residents living as renters, according to the Economic Research Organization at the University of Hawaii's 2024 Hawaii Housing Factbook; and WHEREAS, landlord-tenant relationships are governed by various state and federal laws, requiring clear understanding and compliance to ensure fair and equitable treatment for tenants and housing providers alike; and WHEREAS, the increasing complexity of these laws and navigating the court process can create difficulties for tenants and housing providers; and WHEREAS, clarifying landlord-tenant laws will reduce the number of cases that are brought to court, thus alleviating the burden placed on the judicial system; and WHEREAS, making improvements to the landlord-tenant law will help housing providers to have more certainty and confidence in their ability to rent their properties and provide Hawaii residents with much needed housing; and WHEREAS, establishing a working group dedicated to researching and improving the landlord-tenant code and addressing any other relevant landlord-tenant issues would provide an opportunity for collaboration among key stakeholders to identify concerns, evaluate potential solutions, and recommend best practices; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Judiciary is requested to convene a three-year working group to review the Residential Landlord-Tenant Code to determine if any amendments or updates are necessary to improve landlord-tenant interactions and address other housing issues, including: (1) Conducting a comprehensive review of the Residential Landlord-Tenant Code to determine if any amendments or updates are necessary; (2) Reviewing existing mechanisms available to landlords and tenants for the enforcement of rights under the Residential Landlord-Tenant Code; (3) Determining problem areas that impact property managers, tenants, and property owners and whether educational resources or other solutions can help address those challenges; (4) Considering the feasibility of statutory processes through which injunctive relief might be obtained; and (5) Exploring any other feasible ideas or relevant solutions, pursuant to the discretion of the working group; and BE IT FURTHER RESOLVED that the working group is requested to be comprised of the following members: (1) (1) The Chief Justice of the Hawaii Supreme Court, or their designee, who is requested to serve as the chairperson of the working group; (2) The President of the Senate, or their designee; (3) The Speaker of the House of Representatives, or their designee; (4) The Attorney General, or their designee; (5) The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs, or their designee; (6) An attorney specializing in landlord-tenant laws, to be invited by the chairperson; (7) One individual who owns rental property in the State that they are managing personally, but who is not a real estate licensee, to be invited by the chairperson; (8) Two members from organizations representing professional property managers--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee; (9) Two members from organizations representing tenant concerns--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee; and (10) Any other member deemed necessary that provides the appropriate special expertise, including representatives from organizations with experience in landlord or tenant issues, upon approval by the chairperson; and BE IT FURTHER RESOLVED that an initial meeting of the working group be convened no later than July 1, 2025; and BE IT FURTHER RESOLVED that the working group is requested, with the assistance of the Judiciary, to submit an initial report of its findings to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, President of the Senate, Speaker of the House of Representatives, Attorney General, and Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs. Report Title: Attorney General; Landlord-Tenant Code; Housing; Working Group |
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| 43 | + | WHEREAS, rental housing is a vital source of housing for many working families, residents, and locals in Hawaii, with 38.2 percent of Hawaii residents living as renters, according to the Economic Research Organization at the University of Hawaii's 2024 Hawaii Housing Factbook; and WHEREAS, increasing the availability of rental housing is essential to addressing Hawaii's housing shortage and ensuring stability for residents; and WHEREAS, landlord-tenant relationships are governed by various state and federal laws, requiring clear understanding and compliance to ensure fair and equitable treatment for tenants and housing providers alike; and WHEREAS, the increasing complexity of these laws and navigating the court process can create difficulties for tenants and housing providers; and WHEREAS, clarifying landlord-tenant laws will reduce the number of cases that are brought to court, thus alleviating the burden placed on the judicial system; and WHEREAS, making improvements to the landlord-tenant law will help housing providers to have more certainty and confidence in their ability to rent their properties and provide Hawaii residents with much needed housing; and WHEREAS, establishing a working group dedicated to researching and improving the landlord-tenant code and addressing any other relevant landlord-tenant issues would provide an opportunity for collaboration among key stakeholders to identify concerns, evaluate potential solutions, and recommend best practices; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the House of Representatives concurring, that the Judiciary is requested to convene a three-year working group to research landlord-tenant issues specific to increasing the availability of rental housing and improving landlord-tenant interactions, including: (1) Identifying the potential availability of rental housing stock that is not being offered for rent; (2) Evaluating the challenges faced by landlords and tenants, including legal, financial, and procedural issues that are barriers to offering or obtaining housing; (3) Best practices and potential landlord-tenant code or other regulatory improvements for property managers, tenants, and property owners; (4) Determining problem areas that impact property managers, tenants, and property owners and whether educational resources or other solutions can help address those challenges; and (5) Exploring any other feasible ideas or relevant solutions, pursuant to the discretion of the working group; and BE IT FURTHER RESOLVED that the working group is requested to comprise the following members: (1) The Chief Justice of the Hawaii Supreme Court, or their designee, who is requested to serve as the chairperson of the working group; (2) The President of the Senate, or their designee; (3) The Speaker of the House of Representatives, or their designee; (4) The Attorney General, or their designee; (5) The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs, or their designee; (6) An attorney specializing in landlord-tenant laws, to be invited by the chairperson; (7) One individual who owns rental property in the State that they are managing personally, but who is not a real estate licensee, to be invited by the chairperson; (8) Two members from organizations representing professional property managers--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee; (9) Two members from organizations representing tenant concerns--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee; and (10) Any other member deemed necessary that provides the appropriate special expertise, including representatives from organizations with experience in landlord or tenant issues, upon approval by the chairperson; and BE IT FURTHER RESOLVED that an initial meeting of the working group be convened no later than July 1, 2025; and BE IT FURTHER RESOLVED that the working group is requested, with the assistance of the Judiciary, to submit an initial report of its findings to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, President of the Senate, Speaker of the House of Representatives, Attorney General, and Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs. Report Title: Attorney General; Landlord-Tenant Code; Housing; Working Group |
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