SB 2495: DCCA; OCP; Residential Landlord-Tenant Code; Violations; Reports

A BILL FOR AN ACT

RELATING TO CONSUMER PROTECTION.

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

     SECTION 1.  Section 521-77, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§521-77[]]  Investigation and resolution of complaints by the office of consumer protection.  The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter.  The office of consumer protection shall submit a report to the legislature no later than twenty days prior to the convening of each regular session, detailing its actions taken in response to potential violations of this chapter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

DCCA; OCP; Residential Landlord-Tenant Code; Violations; Reports

Description:

Requires the Office of Consumer Protection to submit an annual report to the Legislature regarding actions taken in response to potential violations of the Residential-Landlord Tenant Code.  Effective 7/1/2050.  (SD1)

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 consumer protection.

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

     SECTION 1.  Section 521-77, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§521-77[]]  Investigation and resolution of complaints by the office of consumer protection.  The office of consumer protection may receive, investigate and attempt to resolve any dispute arising under this chapter[.], pursuant to section 487‑5(6)."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

DCCA; OCP; Residential Landlord-Tenant Code; Disputes

Description:

Clarifies that the Office of Consumer Protection within the Department of Commerce and Consumer Affairs may use its authority to enforce laws and bring civil actions with regard to disputes arising under the Residential Landlord-Tenant Code.

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. 2279

Honolulu, Hawaii

RE:     S.B. No. 2495

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 2495 entitled:

"A BILL FOR AN ACT RELATING TO CONSUMER PROTECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that the Office of Consumer Protection within the Department of Commerce and Consumer Affairs may use its authority to enforce laws and bring civil actions with regard to disputes arising under the Residential Landlord-Tenant Code.

     Your Committee received testimony in support of this measure from one individual.

     Your Committee received testimony in opposition to this measure from the Office of Consumer Protection of the Department of Commerce and Consumer Affairs.

     Your Committee received comments on this measure from the Hawaiʻi Association of REALTORS.

     Your Committee finds that more than one third of residents in the State live in rental housing.  This measure would have clarified the Office of Consumer Protection's authority to protect consumers in situations of alleged violations of the Residential Landlord‑Tenant Code.

Your Committee, however, acknowledges the concerns raised in testimony by the Office of Consumer Protection that advising and representing tenants and landlords in civil actions may be a conflict of interest.  Therefore, your Committee has amended this measure by:

     (1)  Deleting language that would have enabled the Office of Consumer Protection to bring civil actions to resolve disputes;

     (2)  Inserting language that requires the Office of Consumer Protection to provide annual reports to the Legislature concerning actions taken by the Office on potential violations of the Residential Landlord-Tenant Code; and

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2495, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2495, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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