HCR 158: REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO DEVELOP LANDLORD-TENANT CODE IMPROVEMENTS TO INCREASE THE SUPPLY OF HOUSING IN HAWAII.

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO DEVELOP LANDLORD-TENANT CODE IMPROVEMENTS TO INCREASE THE SUPPLY OF HOUSING IN HAWAII.

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 House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate 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)   Evaluating the challenges faced by landlords and tenants, including legal, financial, and procedural issues that are barriers to offering or obtaining housing;

(2)   Best practices and potential landlord-tenant code or other regulatory improvements for property managers, tenants, and property owners;

(3)   Determining problem areas that impact property managers, tenants, and property owners and whether educational resources or other solutions can help address those challenges; and

(4)   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 Judiciary, or its designee, who is requested to 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 the property they are managing, but is not a real estate licensee, to be invited by the Chairperson;

(7)   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;

(8)   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

(9)   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 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 President of the Senate, Speaker of the House of Representatives, and the Judiciary.

Report Title: 

Judiciary; Landlord-Tenant Code; Housing; Working Group

HOUSE CONCURRENT

RESOLUTION

REQUESTING THE ATTORNEY GENERAL TO CONVENE A WORKING GROUP TO DEVELOP LANDLORD-TENANT CODE IMPROVEMENTS TO INCREASE THE SUPPLY OF HOUSING IN HAWAII.

     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 House of Representatives of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, the Senate concurring, that the Attorney General 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 Attorney General, or the Attorney General's designee, who is requested to 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 the property they are managing, but is not a real estate licensee, to be invited by the Chairperson;

     (7)  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;

     (8)  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

     (9)  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 Attorney General, to submit an initial report 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 President of the Senate, Speaker of the House of Representatives, and Attorney General.

Report Title: 

Attorney General; Landlord-Tenant Code; Housing; Working Group

STAND. COM. REP. NO.  1860

Honolulu, Hawaii

                , 2025

RE:   H.C.R. No. 158

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.C.R. No. 158, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO CONVENE A WORKING GROUP TO DEVELOP LANDLORD-TENANT CODE IMPROVEMENTS TO INCREASE THE SUPPLY OF HOUSING IN HAWAII,"

begs leave to report as follows:

     The purpose of this measure is to request the Judiciary to convene a working group that will focus on improving the landlord-tenant code in Hawaii with the goal of increasing the availability of rental housing and improving the interactions between landlords and tenants.

Your Committee received testimony in support of this measure from the Judiciary and Hawaii Realtors.  

Your Committee finds that clarifying and strengthening landlord-tenant laws will help sustain Hawaii’s rental housing market, while also fostering collaboration among key stakeholders to address related issues.  

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 158, H.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1534

Honolulu, Hawaii

                , 2025

RE:   H.C.R. No. 158

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.C.R. No. 158 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE ATTORNEY GENERAL TO CONVENE A WORKING GROUP TO DEVELOP LANDLORD-TENANT CODE IMPROVEMENTS TO INCREASE THE SUPPLY OF HOUSING IN HAWAII,"

begs leave to report as follows:

     The purpose of this measure is to establish a working group dedicated to researching and improving the landlord-tenant code.  

     Your Committee received testimony in support of this measure from Hawaii Realtors and from one individual.  Your Committee received testimony providing comments from the State Department of the Attorney General and from the Maui Tenants and Workers Association.

     Your Committee finds that clarifying and improving landlord-tenant laws will support the vitality of rental housing in Hawaii, and that addressing other relevant landlord-tenant issues would provide an opportunity for collaboration among key stakeholders.  Your Committee acknowledges commentary from the State Attorney General regarding concerns about convening the working group.

     Your committee notes the Judiciary's support of S.B. No. 822, Regular Session of 2025, which this committee heard previously, and its willingness to convene the working group.

     Your Committee has therefore amended this measure by:

(1)  Changing the convening entity from the Attorney General to the Judiciary;

(2)  Narrowing the scope of this Concurrent Resolution by        removing the request to identify the potential         availability of housing stock not offered for rent;

(3)  Amending its title in accordance with its amended purpose; and

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

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 158, as amended herein, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs in the form attached hereto as H.C.R. No. 158, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,