HB 1719: Manufactured Housing; Urban District; Residential Building Design Elements; Real Property

A BILL FOR AN ACT

RELATING TO HOUSING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Hawaii faces a severe shortage of housing for local residents and that manufactured homes can provide safe, code-compliant housing at lower cost and on shorter timelines than conventional site-built construction.  Manufactured homes that comply with federal standards and are installed on permanent foundations with utility connections are suitable for long-term residential use.

     The legislature further finds that local zoning restrictions, discretionary review, residential building design requirements, and private covenants can unreasonably burden or exclude manufactured homes, even where they meet all applicable health and safety standards.  Under federal law, the federal manufactured home construction and safety standards preempt conflicting state and local construction and safety requirements, and counties should focus their regulation on foundations, installation, and utility connections rather than imposing duplicative standards on the homes themselves.

     The legislature also finds that treating manufactured homes as personal property rather than real property limits owners' access to mortgage financing and real-property consumer protection.  Clarifying that manufactured homes are treated as real property for purposes of transfer and mortgage will improve financing options and support wealth-building for manufactured-home owners.

     The purpose of this Act is to:

     (1)  Establish that manufactured homes are a permitted use by right on any zoning lot where detached dwelling units are permitted as a principal or accessory residential use under county zoning ordinances;

     (2)  Limit the use of residential building design elements to deny or discourage otherwise code-compliant manufactured homes;

     (3)  Prohibit homeowners' associations and similar private governing bodies from enforcing covenants that actively or effectively prohibit otherwise lawful manufactured housing;

     (4)  Prohibit counties from requiring manufactured homes that comply with federal manufactured housing standards to also comply with the Hawaii state building code or a county building code with respect to construction and safety matters governed by those federal standards, while preserving county authority over foundations, installation, and utility connections; and

     (5)  Specify that a manufactured home is considered real property, requiring its transfer, conveyance, and mortgage to follow the same recording and enforcement requirements as other real property.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  manufactured housing

     §46-A  Definitions.  As used in this part, unless the context otherwise requires:

     "Manufactured home" means a dwelling unit constructed in compliance with title 24 Code of Federal Regulations part 3280 that is installed on a permanent foundation and connected to utilities.

     "Residential building design elements" means exterior building attributes, including but not limited to the type, color, and style of exterior cladding; roof pitch, materials, or style; exterior windows and window treatments; exterior doors and door finishes; location, styling, or materials of garages; or the number or types of rooms.  "Residential building design elements" does not include:

     (1)  Building features required by applicable building codes, fire codes, form-based codes, floodplain regulations, or stormwater regulations for public safety; or

     (2)  Screening, buffering, or landscaping requirements for parking areas or mechanical equipment.

     §46-B  Manufactured homes; by right; urban district.  (a)  The placement and occupancy of a manufactured home shall be a permitted use by right on any zoning lot where a detached dwelling unit is permitted as a principal or accessory residential use under county zoning ordinances, subject to compliance with objective development standards applicable to dwellings of comparable size and occupancy in the same zoning district.

     (b)  On residentially zoned lots within the urban district, no county shall:

     (1)  Prohibit manufactured homes as a principal or accessory residential use;

     (2)  Require a discretionary or special use permit solely because a dwelling is a manufactured home; or

     (3)  Impose residential building design elements, or design, exterior-finish, or foundation standards, that are more restrictive than those applied to site-built dwellings in the same zoning district.

     (c)  Each county may:

     (1)  Apply objective development standards identical to those for site-built dwellings of comparable size and occupancy, including standards for setbacks, height, lot coverage, fire safety, and utilities;

     (2)  Prohibit or restrict manufactured homes within special management areas, a special flood hazard area as delineated on flood maps issued by the Federal Emergency Management Agency, or high wildfire risk areas; and

     (3)  Require compliance with subdivision and roadway-access regulations.

     (d)  Manufactured homes authorized under this section shall be permitted for all residentially zoned lots within the urban district.  Any county ordinance inconsistent with this section shall be preempted.

     (e)  No county shall require a manufactured home to also comply with the Hawaii state building code or an applicable county building code with respect to construction and safety matters governed title 24 Code of Federal Regulations part 3280; provided that a county may enforce the Hawaii state building code and applicable county building codes for foundations, installation, and utility connections, to the extent not preempted by federal law.

     §46-C  Residential building design elements; limitations.  (a)  No county shall adopt or enforce any ordinance, resolution, rule, or other requirement that uses residential building design elements to prohibit or that have the effect of prohibiting the placement or occupancy of a manufactured home that complies with section 46-B.

     (b)  This section shall not be construed to:

     (1)  Prohibit a county from enforcing building codes, fire codes, floodplain regulations, form-based codes, stormwater regulations, or other health and safety regulations that apply equally to site-built dwellings; or

     (2)  Affect historic districts or historic properties designated pursuant to chapter 6E or applicable county law, where design review is expressly authorized by law.

     §46-D  Associations; limitations on restricting manufactured housing.  (a)  Notwithstanding any law, declaration, covenant, condition, bylaw, rule, or other governing document to the contrary, no association of apartment owners governed by chapter 514B, cooperative housing corporation governed by chapter 421I, or planned community association governed by chapter 421J shall adopt or enforce any provision that actively or effectively prohibits the placement or lawful occupancy of a manufactured home that complies with section 46-B.

     (b)  No association, as that term is defined in sections 421J-2 and 514B-3, or corporation, as that term is defined in section 421I-1, shall require residential building design elements for a dwelling described in subsection (a) that are more restrictive than those applied under the association's governing documents to site-built single-family dwellings on lots subject to the same governing documents.

     (c)  This section shall not be construed to prohibit reasonable rules and regulations adopted and enforced in good faith by an association, as that term is defined in sections 421J-2 and 514B-3, or corporation, as that term is defined in section 421I-1, that:

     (1)  Require compliance with applicable federal, state, and county laws and rules relating to health, safety, and sanitation;

     (2)  Regulate the location of a dwelling on a lot for purposes of compliance with objective fire safety, access, and utility easement requirements; or

     (3)  Regulate landscaping, fencing, or screening in a manner that applies equally to site-built, manufactured housing on similarly situated lots.

     (d)  Any provision of a declaration, covenant, condition, bylaw, rule, or other governing document that conflicts with this section shall be void and unenforceable to the extent of the conflict."

     SECTION 3.  Chapter 502, Hawaii Revised Statutes, is amended by adding a new section to part XI to be appropriately designated and to read as follows:

     "§502-     Manufactured housing.  (a)  A manufactured home shall be deemed real property for purposes of transfer, conveyance, mortgage, attachment, lien, foreclosure, execution, and all other matters to which the law relating to interests in real property applies, whether the owner of the manufactured home owns the land on which the home is located.

     (b)  Title to a manufactured home deemed real property under this section shall be transferred only by an instrument that satisfies the requirements for a conveyance of real property and is duly recorded in the office of the assistant registrar of the land court or the bureau of conveyances, as applicable.  The instrument shall reasonably identify the manufactured home.

     (c)  A mortgage or other security instrument encumbering a manufactured home deemed real property under this section shall be created, perfected, and foreclosed in the same manner as a mortgage or other security instrument encumbering real property, and a recorded mortgage or other security instrument that describes the manufactured home and states that it is or is to become a fixture on the land shall be effective as a fixture filing under article 9 of chapter 490.

     (d)  Notwithstanding any law providing for a certificate of title for a manufactured home, the rights of good-faith purchasers and mortgagees of a manufactured home deemed real property under this section shall be determined by the records of the assistant registrar of the land court or the bureau of conveyances.

     (e)  For purposes of this section, "manufactured home" has the same meaning as in section 46-A."

     SECTION 4.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Manufactured Housing; Urban District; Residential Building Design Elements; Real Property

Description:

Establishes that manufactured homes are a permitted use by right on residentially zoned lots within the urban district.  Limits the use of residential building design elements to deny or discourage otherwise code-compliant manufactured homes.  Prohibits homeowners' associations and similar private governing bodies from enforcing covenants that actively or effectively prohibit otherwise lawful manufactured housing.  Prohibits counties from requiring manufactured homes that comply with federal manufactured housing standards to also comply with the Hawaii State Building Code or a county building code.  Specifies that a manufactured home is considered real property, requiring its transfer, conveyance, and mortgage to follow the same recording and enforcement requirements as other real property.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to housing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Hawaii faces a severe shortage of housing for local residents and that manufactured homes can provide safe, code-compliant housing at lower cost and on shorter timelines than conventional site-built construction.  Manufactured homes that comply with federal standards and are installed on permanent foundations with utility connections are suitable for long-term residential use.

     The legislature further finds that local zoning restrictions, discretionary review, residential building design requirements, and private covenants can unreasonably burden or exclude manufactured homes, even where they meet all applicable health and safety standards.  Under federal law, the federal manufactured home construction and safety standards preempt conflicting state and local construction and safety requirements, and counties should focus their regulation on foundations, installation, and utility connections rather than imposing duplicative standards on the homes themselves.

     The legislature also finds that treating manufactured homes as personal property rather than real property limits owners' access to mortgage financing and real-property consumer protection.  Clarifying that manufactured homes are treated as real property for purposes of transfer and mortgage will improve financing options and support wealth-building for manufactured-home owners.

     The purpose of this Act is to:

     (1)  Establish that manufactured homes are a permitted use by right on any zoning lot where detached dwelling units are permitted as a principal or accessory residential use under county zoning ordinances;

     (2)  Limit the use of residential building design elements to deny or discourage otherwise code-compliant manufactured homes;

     (3)  Prohibit homeowners' associations and similar private governing bodies from enforcing covenants that actively or effectively prohibit otherwise lawful manufactured housing;

     (4)  Prohibit counties from requiring manufactured homes that comply with federal manufactured housing standards to also comply with the Hawaii state building code or a county building code with respect to construction and safety matters governed by those federal standards, while preserving county authority over foundations, installation, and utility connections; and

     (5)  Specify that a manufactured home is considered real property, requiring its transfer, conveyance, and mortgage to follow the same recording and enforcement requirements as other real property.

     SECTION 2.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  manufactured housing

     §46-A  Definitions.  As used in this part, unless the context otherwise requires:

     "Manufactured home" means a dwelling unit constructed in compliance with title 24 Code of Federal Regulations part 3280 that is installed on a permanent foundation and connected to utilities.

     "Residential building design elements" means exterior building attributes, including but not limited to the type, color, and style of exterior cladding; roof pitch, materials, or style; exterior windows and window treatments; exterior doors and door finishes; location, styling, or materials of garages; or the number or types of rooms.  "Residential building design elements" does not include:

     (1)  Building features required by applicable building codes, fire codes, form-based codes, floodplain regulations, or stormwater regulations for public safety; or

     (2)  Screening, buffering, or landscaping requirements for parking areas or mechanical equipment.

     §46-B  Manufactured homes; by right; urban district.  (a)  The placement and occupancy of a manufactured home shall be a permitted use by right on any zoning lot where a detached dwelling unit is permitted as a principal or accessory residential use under county zoning ordinances, subject to compliance with objective development standards applicable to dwellings of comparable size and occupancy in the same zoning district.

     (b)  On residentially zoned lots within the urban district, no county shall:

     (1)  Prohibit manufactured homes as a principal or accessory residential use;

     (2)  Require a discretionary or special use permit solely because a dwelling is a manufactured home; or

     (3)  Impose residential building design elements, or design, exterior-finish, or foundation standards, that are more restrictive than those applied to site-built dwellings in the same zoning district.

     (c)  Each county may:

     (1)  Apply objective development standards identical to those for site-built dwellings of comparable size and occupancy, including standards for setbacks, height, lot coverage, fire safety, and utilities;

     (2)  Prohibit or restrict manufactured homes within special management areas, a special flood hazard area as delineated on flood maps issued by the Federal Emergency Management Agency, or high wildfire risk areas; and

     (3)  Require compliance with subdivision and roadway-access regulations.

     (d)  Manufactured homes authorized under this section shall be permitted for all residentially zoned lots within the urban district.  Any county ordinance inconsistent with this section shall be preempted.

     (e)  No county shall require a manufactured home that complies with title 24 Code of Federal Regulations part 3280 to also comply with the Hawaii state building code or an applicable county building code with respect to construction and safety matters governed by that federal standard; provided that a county may enforce the Hawaii state building code and applicable county building codes for foundations, installation, and utility connections, to the extent not preempted by federal law.

     §46-C  Residential building design elements; limitations.  (a)  No county shall adopt or enforce any ordinance, resolution, rule, or other requirement that uses residential building design elements to prohibit or have the effect of prohibiting the placement or occupancy of a manufactured home that complies with section 46-B.

     (b)  This section shall not be construed to:

     (1)  Prohibit a county from enforcing building codes, fire codes, floodplain regulations, form-based codes, stormwater regulations, or other health and safety regulations that apply equally to site-built dwellings; or

     (2)  Affect historic districts or historic properties designated pursuant to chapter 6E or applicable county law, where design review is expressly authorized by law.

     §46-D  Associations; limitations on restricting manufactured housing.  (a)  Notwithstanding any law, declaration, covenant, condition, bylaw, rule, or other governing document to the contrary, no association of apartment owners governed by chapter 514B, cooperative housing corporation governed by chapter 421I, or planned community association governed by chapter 421J shall adopt or enforce any provision that actively or effectively prohibits the placement or lawful occupancy of a manufactured home that complies with section 46-B.

     (b)  No association, as that term is defined in sections 421J-1 and 514B-3, or corporation, as that term is defined in section 421I-1, shall require residential building design elements for a dwelling described in subsection (a) that are more restrictive than those applied under the association's governing documents to site-built single-family dwellings on lots subject to the same governing documents.

     (c)  This section shall not be construed to prohibit reasonable rules and regulations adopted and enforced in good faith by an association, as that term is defined in sections 421J-1 and 514B-3, or corporation, as that term is defined in section 421I-1, that:

     (1)  Require compliance with applicable federal, state, and county laws and rules relating to health, safety, and sanitation;

     (2)  Regulate the location of a dwelling on a lot for purposes of compliance with objective fire safety, access, and utility easement requirements; or

     (3)  Regulate landscaping, fencing, or screening in a manner that applies equally to site-built, manufactured housing on similarly situated lots.

     (d)  Any provision of a declaration, covenant, condition, bylaw, rule, or other governing document that conflicts with this section shall be void and unenforceable to the extent of the conflict."

     SECTION 3.  Chapter 502, Hawaii Revised Statutes, is amended by adding a new section to part XI to be appropriately designated and to read as follows:

     "§502-     Manufactured housing.  (a)  A Manufactured home shall be deemed real property for purposes of transfer, conveyance, mortgage, attachment, lien, foreclosure, execution, and all other matters to which the law relating to interests in real property applies, whether the owner of the manufactured home owns the land on which the home is located.

     (b)  Title to a manufactured home deemed real property under this section shall be transferred only by an instrument that satisfies the requirements for a conveyance of real property and is duly recorded in the office of the assistant registrar of the land court or the bureau of conveyances, as applicable.  The instrument shall reasonably identify the manufactured home.

     (c)  A mortgage or other security instrument encumbering a manufactured home deemed real property under this section shall be created, perfected, and foreclosed in the same manner as a mortgage or other security instrument encumbering real property, and a recorded mortgage or other security instrument that describes the manufactured home and states that it is or is to become a fixture on the land shall be effective as a fixture filing under article 9 of chapter 490.

     (d)  Notwithstanding any law providing for a certificate of title for a manufactured home, the rights of good-faith purchasers and mortgagees of a manufactured home deemed real property under this section shall be determined by the records of the assistant registrar of the land court or the bureau of conveyances.

     (e)  For purposes of this section, "manufactured home" has the same meaning as in section 46-A."

     SECTION 4.  In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Manufactured Housing; Residential Building Design Elements; Real Property

Description:

Establishes that manufactured homes are a permitted use by right on residentially zoned lots within the urban district.  Limits the use of residential building design elements to deny or discourage otherwise code-compliant manufactured homes.  Prohibits homeowners' associations and similar private governing bodies from enforcing covenants that actively or effectively prohibit otherwise lawful manufactured housing.  Prohibits counties from requiring manufactured homes that comply with federal manufactured housing standards to also comply with the Hawaii state building code or a county building code.  Specifies that a manufactured home is considered real property, requiring its transfer, conveyance, and mortgage to follow the same recording and enforcement requirements as other real property.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  177-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1719

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committees on Housing and Water & Land, to which was referred H.B. No. 1719 entitled:

"A BILL FOR AN ACT RELATING TO HOUSING,"

beg leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish that manufactured homes are a permitted use by right on residentially zoned lots within the urban district;

     (2)  Limit the use of residential building design elements to deny or discourage otherwise code‑compliant manufactured homes;

     (3)  Prohibit homeowners' associations and private governing bodies from enforcing covenants that actively or effectively prohibit lawful manufactured housing;

     (4)  Prohibit counties from requiring federally compliant manufactured homes to also comply with the Hawaii State Building Code or county building codes regarding construction and safety matters; and

     (5)  Specify that a manufactured home is considered real property, thereby requiring its transfer, conveyance, and mortgage to follow the same requirements applicable to other real property.  

     Your Committees received testimony in support of this measure from the Hawaiʻi Association of REALTORS; Hawaiʻi YIMBY; Grassroot Institute of Hawaii; Housing Hawaiʻi's Future; and two individuals.  Your Committees received comments on this measure from one individual.

     Your Committees find that Hawaii continues to face a severe housing shortage that leaves many local families priced out of homeownership and long‑term rental options.  Your Committees further find that manufactured homes, when installed on permanent foundations and connected to utilities, provide a safe, lower‑cost, and timely alternative to traditional site‑built construction.  However, local zoning rules, design requirements, and private covenants often create unnecessary barriers that prevent their use.  This measure ensures counties retain authority over foundations, installation, and utilities so that manufactured homes can serve as a viable affordable housing option statewide.

     Your Committees have amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Housing and Water & Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1719, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1719, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Housing and Water & Land,