Bills

SB 31: Property; Discriminatory Restrictive Covenants; Invalidation of Covenants; Immunity

Session Year: 2025-2026
House: Senate
Latest Version Date: 2025-04-24

Current Status:

Failed

(2025-07-03: Vetoed (Gov. Msg. No. 1404).)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Final Decking

Enacted

What does this bill do?

The bill lets anyone who finds a recorded discriminatory restrictive covenant — a rule on a property’s title that would bar people because of characteristics like race, sex (including gender identity or expression), sexual orientation, color, religion, marital or family status, ancestry, disability, age, HIV infection, or national origin — either add a statement to a deed or other transaction or file a separate recorded notice declaring the covenant void and unenforceable. It also shields persons who honestly prepare or record such a statement from liability if they reasonably believe the covenant is discriminatory.

Version:

Authorizes a person who discovers a recorded discriminatory restrictive covenant to take certain actions, without liability, to invalidate the covenant. Defines discriminatory restrictive covenant. (CD1)

Version:

SB31 CD1

THE SENATE	S.B. NO.	31
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 2
		C.D. 1

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

SECTION 1. Section 515-6, Hawaii Revised Statutes, is amended to read as follows:

"§515-6 Restrictive covenants and conditions. (a) Every provision in an oral agreement or a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection, [is] shall be void.

(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection [is] shall be void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.

(c) It [is] shall be a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor [~~such a~~] the provision in the chain of title.

(d) Any person who discovers a recorded discriminatory restrictive covenant may:

(1) With the consent of all parties to a real estate transaction, include in any deed, mortgage, or other instrument filed for recording in connection with the transaction a statement that the discriminatory restrictive covenant is void and unenforceable; or

(2) Prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is void and unenforceable.

(e) The statement or notice described under subsection (d) shall be in a form substantially similar with the following:

"The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individuals based upon their race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, human immunodeficiency virus infection, or national origin. The covenant is void, unenforceable, and antithetical to American values of justice and equal protection under the law."

(f) A person who in good faith:

(1) Prepares or causes to be prepared; or

(2) Records or causes to be recorded,

a statement or notice under subsection (d) shall be immune from liability for incorrectly stating that the restrictive covenant is discriminatory.

(g) For the purposes of this section, "discriminatory restrictive covenant" means any restrictive covenant on real property that, if enforced, would violate the:

(1) Equal protection clause of the United States Constitution and article I, section 5, of the Hawaii State Constitution;

(2) Prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin; or

(3) Prohibition against discrimination on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection."

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:

Property; Discriminatory Restrictive Covenants; Invalidation of Covenants; Immunity

Description:

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

SB31 HD2

THE SENATE	S.B. NO.	31
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

SECTION 1. Section 515-6, Hawaii Revised Statutes, is amended to read as follows:

(d) Any person who discovers a recorded discriminatory restrictive covenant may:

(2) Prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is void and unenforceable.

(e) The statement or notice described under subsection (d) shall be in a form substantially similar with the following:

(f) A person who in good faith:

(1) Prepares or causes to be prepared; or

(2) Records or causes to be recorded,

a statement or notice under subsection (d) shall be immune from liability for incorrectly stating that the restrictive covenant is discriminatory.

(g) For purposes of this section, "discriminatory restrictive covenant" means any restrictive covenant on real property that, if enforced, would violate the:

(1) Equal protection clause of the United States Constitution and article I, section 5, of the Hawaii State Constitution;

(2) Prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin; or

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, 3000.

Report Title:

Property; Discriminatory Restrictive Covenants; Invalidation of Covenants; Immunity

Description:

Allows a person who discovers a recorded discriminatory restrictive covenant to take certain actions, without liability, to invalidate the covenant. Defines discriminatory restrictive covenant. Effective 7/1/3000. (HD2)

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

SB31 HD1

THE SENATE	S.B. NO.	31
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

SECTION 1. Section 515-6, Hawaii Revised Statutes, is amended to read as follows:

(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.

(c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor [~~such a~~] the provision in the chain of title.

(d) Any person who discovers a recorded discriminatory restrictive covenant may:

(2) Prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is void and unenforceable.

(e) The statement or notice described under subsection (d) shall be in a form substantially similar with the following:

"The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individuals based upon their race, color, sex, religion, familial status, disability, or national origin. The covenant is void, unenforceable, and antithetical to American values of justice and equal protection under the law."

(f) A person who in good faith:

(1) Prepares or causes to be prepared; or

(2) Records or causes to be recorded,

a statement or notice under subsection (d) shall be immune from liability for incorrectly stating that the restrictive covenant is discriminatory.

(g) For purposes of this section, "discriminatory restrictive covenant" means any restrictive covenant on real property that, if enforced, would violate the:

(1) Prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin;

(2) Equal protection clause of the United States Constitution, under Shelley v. Kraemer, 334 U.S. 1 (1948) (holding that the enforcement of a racially restrictive covenant violated the equal protection clause); or

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, 3000.

Report Title:

Property; Discriminatory Restrictive Covenants; Invalidation of Covenants; Immunity

Description:

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

SB31 SD2

THE SENATE	S.B. NO.	31
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

SECTION 1. Section 515-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Discriminatory restrictive covenant" means any restrictive covenant on real property which, if enforced, would violate the:

(1) Prohibition in the federal Fair Housing Act (42 U.S.C. section 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin;

SECTION 2. Section 515-6, Hawaii Revised Statutes, is amended to read as follows:

(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.

(d) Any person who discovers a recorded discriminatory restrictive covenant may:

(2) Prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is invalid and unenforceable.

(e) The statement or notice described under subsection (d) shall be in a form substantially consistent with the following:

"The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individuals based upon their race, color, sex, religion, familial status, disability, or national origin. The covenant is invalid, unenforceable, and antithetical to American values of justice and equal protection under the law."

(f) A person who in good faith:

(1) Prepares or causes to be prepared; or

(2) Records or causes to be recorded;

a statement or notice under subsection (d) shall be immune from liability for incorrectly stating that the restrictive covenant is discriminatory."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.

Report Title:

Property; Discriminatory Restrictive Covenants; Invalid; Immunity

Description:

Allows a person who discovers a recorded discriminatory restrictive covenant to take certain actions without liability, to invalidate the covenant. Defines discriminatory restrictive covenant. Effective 7/1/2050. (SD2)

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

SB31 SD1

THE SENATE	S.B. NO.	31
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROPERTY.

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

SECTION 1. Section 515-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Discriminatory restrictive covenant" means any restrictive covenant on real property which, if enforced, would violate:

(1) The prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin;

(2) The equal protection clause of the United States Constitution, under Shelly v. Kraemer, 334 U.S. 1 (1984 holding enforcement of a racially restrictive covenant violates the equal protection clause); or

(3) The prohibition against discrimination on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection."

SECTION 2. Section 515-6, Hawaii Revised Statutes, is amended to read as follows:

(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.

(d) Any person who discovers a recorded discriminatory restrictive covenant may:

(2) Prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is invalid and unenforceable.

(e) The statement or notice described under subsection (d) shall be in a form substantially consistent with the following:

"The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individuals based upon their race, color, sex, religion, familial status, disability, or national origin. The covenant is invalid, unenforceable, and antithetical to American values of equal justice and equality under the law."

(f) A person who in good faith:

(1) Prepares or causes to be prepared; or

(2) Records or causes to be recorded;

a statement or notice under subsection (d) is immune from liability for incorrectly stating that the restrictive covenant is discriminatory."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

Report Title:

Property; Discriminatory Restrictive Covenants; Invalid; Immunity

Description:

Allows a person who discovers a recorded discriminatory restrictive covenant to take certain actions without liability, to invalidate the covenant. Defines discriminatory restrictive covenant. (SD1)

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

SB31

THE SENATE	S.B. NO.	31
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to PROPERTY.

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

SECTION 1. Section 515-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Discriminatory restrictive covenant" means any restrictive covenant on real property which, if enforced, would violate:

(1) The prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin; or

(2) The equal protection clause of the United States Constitution under Shelley v. Kraemer, 334 U.S. 1 (1984) (holding enforcement of a racially restrictive covenant violates the equal protection clause)."

SECTION 2. Section 515-6, Hawaii Revised Statutes, is amended to read as follows:

(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.

(c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor [~~such~~] a provision in the chain of title.

(d) Any person who discovers a recorded discriminatory restrictive covenant may:

(2) Prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is invalid and unenforceable.

(e) The statement or notice described under subsection (d) shall be in a form substantially consistent with the following:

"The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individuals based upon their race, color, sex, religion, familial status, disability, or national origin. The covenant is invalid, unenforceable, and antithetical to American values of equal justice and equality under the law."

(f) A person who in good faith:

(1) Prepares or causes to be prepared; or

(2) Records or causes to be recorded;

a statement or notice under subsection (d) is immune from liability for incorrectly stating that the restrictive covenant is discriminatory."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Property; Discriminatory Restrictive Covenants; Invalid; Immunity

Description:

Allows a person who discovers a recorded discriminatory restrictive covenant to take certain actions without liability, to invalidate the covenant. Defines discriminatory restrictive covenant.

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

Date	Status
Jul 3, 2025	Vetoed (Gov. Msg. No. 1404).
Jul 3, 2025	Vetoed on 07/03/2025 - Returned from the Governor without approval (Gov. Msg. No. 1404).
Jun 6, 2025	Notice of intent to veto (Gov. Msg. No. 1301)
Jun 6, 2025	Notice of Intent to veto dated 06/06/2025 (Gov. Msg. No. 1301)
May 2, 2025	Enrolled to Governor.
May 2, 2025	Received notice of passage on Final Reading in House (Hse. Com. No. 821).
May 1, 2025	Received notice of Final Reading (Sen. Com. No. 888).
Apr 30, 2025	Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran excused (1).
Apr 30, 2025	Passed Final Reading, as amended (CD 1). Ayes, 24; Aye(s) with reservations: none. Noes, 1 (Senator(s) Awa). Excused, 0 (none).
Apr 24, 2025	Forty-eight (48) hours notice Wednesday, 04-30-25.
Apr 24, 2025	Reported from Conference Committee (Conf Com. Rep. No. 20) as amended in (CD 1).
Apr 24, 2025	48 Hrs. Notice (as amended CD 1) 04-30-25.
Apr 24, 2025	Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 20).
Apr 21, 2025	The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Evslin, Poepoe, Grandinetti, Muraoka; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.
Apr 21, 2025	The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 4 Aye(s): Senator(s) Chang, Keohokalole, Rhoads, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
Apr 17, 2025	Conference committee meeting scheduled for 04-21-25 10:30AM; Conference Room 224.
Apr 16, 2025	Received notice of Senate conferees (Sen. Com. No. 809).
Apr 16, 2025	Senate Conferees Appointed: Chang Chair; Keohokalole, Rhoads Co-Chairs; Fevella.
Apr 15, 2025	Received notice of appointment of House conferees (Hse. Com. No. 731).
Apr 14, 2025	House Conferees Appointed: Evslin, Poepoe Co-Chairs; Grandinetti, Muraoka.
Apr 8, 2025	Received notice of disagreement (Sen. Com. No. 774).
Apr 8, 2025	Senate disagrees with House amendments.
Apr 8, 2025	Received from House (Hse. Com. No. 564).
Apr 4, 2025	Passed Third Reading as amended in HD 2 with none voting aye with reservations; Representative(s) Alcos, Garcia, Pierick voting no (3) and Representative(s) Cochran excused (1). Transmitted to Senate.
Apr 2, 2025	Forty-eight (48) hours notice Friday, 04-04-25.
Apr 2, 2025	Reported from JHA (Stand. Com. Rep. No. 1767) as amended in HD 2, recommending passage on Third Reading.
Mar 20, 2025	The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Perruso, Takayama, Todd, Shimizu; Ayes with reservations: none; 1 Noes: Representative(s) Garcia; and 2 Excused: Representative(s) Cochran, Hashem.
Mar 18, 2025	Bill scheduled to be heard by JHA on Thursday, 03-20-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
Mar 18, 2025	Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Garcia voting no (1) and Representative(s) Cochran, Ward excused (2).
Mar 18, 2025	Reported from HSG (Stand. Com. Rep. No. 1354) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
Mar 12, 2025	The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Evslin, Miyake, Grandinetti, Kila, Kitagawa, La Chica, Muraoka, Pierick; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran.
Mar 7, 2025	Bill scheduled to be heard by HSG on Wednesday, 03-12-25 9:00AM in House conference room 430 VIA VIDEOCONFERENCE.
Mar 6, 2025	Referred to HSG, JHA, referral sheet 19
Mar 6, 2025	Pass First Reading
Mar 4, 2025	Received from Senate (Sen. Com. No. 69) in amended form (SD 2).
Mar 4, 2025	Report Adopted; Passed Third Reading, as amended (SD 2). Ayes, 23; Aye(s) with reservations: none. Noes, 2 (Senator(s) Awa, DeCorte). Excused, 0 (none). Transmitted to House.
Feb 28, 2025	48 Hrs. Notice 03-04-25.
Feb 28, 2025	Reported from CPN/JDC (Stand. Com. Rep. No. 895) with recommendation of passage on Third Reading, as amended (SD 2).
Feb 21, 2025	The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 2 Aye(s): Senator(s) Rhoads, Chang; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 2 Excused: Senator(s) Gabbard, San Buenaventura.
Feb 21, 2025	The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey, Richards; Aye(s) with reservations: none ; 1 No(es): Senator(s) Awa; and 0 Excused: none.
Feb 18, 2025	The committee(s) on CPN/JDC will hold a public decision making on 02-21-25 10:10AM; Conference Room 016 & Videoconference.
Feb 10, 2025	Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/JDC.
Feb 10, 2025	Reported from HOU (Stand. Com. Rep. No. 138) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN/JDC.
Jan 30, 2025	The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HOU were as follows: 4 Aye(s): Senator(s) Chang, Hashimoto, Kanuha, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Aquino.
Jan 27, 2025	The committee(s) on HOU has scheduled a public hearing on 01-30-25 1:10PM; Conference Room 225 & Videoconference.
Jan 16, 2025	Referred to HOU, CPN/JDC.
Jan 15, 2025	Introduced and passed First Reading.
Jan 8, 2025	Pending Introduction.

Date	Description	Location	Votes
Apr 30, 2025	Final Reading	House Floor	49 0 1 Passed
Apr 30, 2025	Final Reading	Senate Floor	24 1 0 Passed
Apr 4, 2025	Third Reading	House Floor	46 3 1 Passed
Mar 20, 2025	The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS	House Standing Committee on Judiciary & Hawaiian Affairs	8 1 2 Passed
Mar 12, 2025	The committee on HSG recommend that the measure be PASSED, WITH AMENDMENTS	House Standing Committee on Housing	8 0 1 Passed
Mar 4, 2025	Third Reading	Senate Floor	23 2 0 Passed
Feb 21, 2025	The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS	Senate Standing Committee on Judiciary	2 1 2 Passed
Feb 21, 2025	The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS	Senate Standing Committee on Commerce and Consumer Protection	4 1 0 Passed
Jan 30, 2025	The committee(s) on HOU recommend(s) that the measure be PASSED, WITH AMENDMENTS	Senate Standing Committee on Housing	4 0 1 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
Hawaiʻi Civil Rights Commission	** Support

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

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CONFERENCE COMMITTEE REP. NO. 20

Honolulu, Hawaii

, 2025

RE: S.B. No. 31

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 31, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to authorize a person who discovers a recorded discriminatory restrictive covenant to take certain actions, without liability, to invalidate the covenant.

Your Committee on Conference finds that discriminatory restrictive covenants violate the rights and protections of certain protected classes and may hinder equitable access to housing. While unenforceable, discriminatory restrictive covenants remain in real estate records, embodying a history of discriminatory practices that do not align with the State's commitment to equality. This measure establishes a process for property owners to identify and invalidate these unlawful restrictions without liability, promoting fair housing practices.

Your Committee on Conference has amended this measure by:

(1) Making it effective upon its approval; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 31, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 31, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ LUKE A. EVSLIN Co-Chair		____________________________ STANLEY CHANG Chair
____________________________ MAHINA POEPOE Co-Chair		____________________________ JARRETT KEOHOKALOLE Co-Chair
		____________________________ KARL RHOADS Co-Chair

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STAND. COM. REP. NO. 1767

Honolulu, Hawaii

, 2025

RE: S.B. No. 31

S.D. 2

H.D. 2

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 S.B. No. 31, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

begs leave to report as follows:

The purpose of this measure is to authorize a person who discovers a recorded discriminatory restrictive covenant on real property to take certain actions, without liability, to invalidate the covenant.

Your Committee received testimony in support of this measure from the Hawaiʻi Civil Rights Commission. Your Committee received comments on this measure from the Uniform Law Commission.

Your Committee finds that discriminatory restrictive covenants, though unenforceable, remain in real estate records, reflecting historical injustices that conflict with Hawaii's commitment to equality. This measure provides a process for property owners to formally acknowledge and invalidate these covenants through recorded statements or notices, ensuring clarity in property records.

Your Committee has amended this measure by:

(1) Amending the statement or notice, which calls attention to the discriminatory restrictive covenant, to include the other classes protected by this measure;

(2) Including as a basis for determining whether a restrictive covenant is a discriminatory restrictive covenant that the restrictive covenant violates the Equal Protection Clause under article I, section 5, of the Hawaii State Constitution; and

(3) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 31, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 31, S.D. 2, H.D. 2.

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

____________________________

DAVID A. TARNAS, Chair

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STAND. COM. REP. NO. 1354

Honolulu, Hawaii

, 2025

RE: S.B. No. 31

S.D. 2

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 Housing, to which was referred S.B. No. 31, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

begs leave to report as follows:

Your Committee received testimony in support of this measure from Hawaiʻi Civil Rights Commission and one individual. Your Committee received comments on this measure from the Uniform Law Commission.

Your Committee finds that discriminatory restrictive covenants, which limit housing opportunities based on race, sex, sexual orientation, and other protected characteristics, perpetuate inequality and hinder fair access to housing. This measure seeks to rectify past injustices by invalidating these covenants, providing a clear process for their identification, and ensuring that real property records reflect the values of justice and equal protection under the law.

Your Committee has 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 record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 31, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 31, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Housing,

____________________________

LUKE A. EVSLIN, Chair

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STAND. COM. REP. NO. 895

Honolulu, Hawaii

RE: S.B. No. 31

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committees on Commerce and Consumer Protection and Judiciary, to which was referred S.B. No. 31, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow a person who discovered a recorded discriminatory restrictive covenant to take certain actions to invalidate the covenant, without liability; and

(2) Define discriminatory restrictive covenant.

Your Committees received testimony in support of this measure from the Hawaiʻi Civil Rights Commission and one individual.

Your Committees find that discriminatory restrictive covenants violate the rights and protections of certain protected classes. The State's people have the right to fair, safe housing environments, but discriminatory restrictive covenants on real property infringe on this right. Therefore, this measure expands the protections available in the State by allowing a person who discovers a discriminatory restrictive covenant to take certain actions to invalidate it without liability.

Your Committees have amended this measure by:

(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 31, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 31, S.D. 2.

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

________________________________

KARL RHOADS, Chair

________________________________

JARRETT KEOHOKALOLE, Chair

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STAND. COM. REP. NO. 138

Honolulu, Hawaii

RE: S.B. No. 31

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Housing, to which was referred S.B. No. 31 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow a person who discovers a recorded discriminatory restrictive covenant to take certain actions without liability, to invalidate the covenant; and

(2) Define discriminatory restrictive covenant.

Your Committee received testimony in support of this measure from the Hawaiʻi Civil Rights Commission.

Your Committee finds that Hawaii's people have the right to live in safe housing environments that are free from discrimination. However, certain restrictive covenants may include provisions that discriminate against prospective residents based on a protected class. Therefore, this measure expands protections from discrimination for Hawaii's people.

Your Committee has amended this measure by:

(1) Adding to the definition of discriminatory restrictive covenant language that, if enforced, would violate the prohibition against discrimination on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection; and

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

As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 31, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 31, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Housing,

________________________________

STANLEY CHANG, Chair

Discussed in Hearing

1MIN

Authors shown for version:
SB31_CD1 (4/24/2025)

SB 31: Property; Discriminatory Restrictive Covenants; Invalidation of Covenants; Immunity

Current Status:

What does this bill do?

Conference Committee

House Floor

House Standing Committee on Judiciary & Hawaiian Affairs

House Standing Committee on Housing

Senate Floor

Senate Standing Committee on Government Operations

Senate Standing Committee on Hawaiian Affairs

Senate Standing Committee on Housing