SB 825: Judiciary; Eviction Mediation; Prelitigation Mediation Pilot Program; Summary Possession; Landlords; Tenants; Report; Appropriations

A BILL FOR AN ACT

RELATING TO EVICTION MEDIATION.

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

     SECTION 1.  The legislature finds that many Hawaii residents continue to face challenges paying their rent.  This is a problem for both housing providers and tenants because tenants risk losing their homes due to nonpayment, and housing providers risk losing their property or not keeping up with their bills because of the nonpayment.

     Act 57, Session Laws of Hawaii 2021 (Act 57), encouraged communication and facilitated mediation between housing providers and tenants to help encourage collaborative solutions to this common problem and to avoid evictions when possible.  Experience shows that the mediation procedures created by Act 57 were widely successful in substantially increasing the number of disputes that were settled in mediation without any eviction cases being filed and increased the number of settlements in which the parties agreed that the tenant could continue to reside in the dwelling unit.  However, the amendments to the Residential Landlord-Tenant Code by Act 57 have expired.

     Accordingly, the purpose of this Act is to encourage landlords and tenants to engage in conversations early, as soon as tenants know they are not able to make their full rent payment, by:

     (1)  Establishing a two-year pilot program that adopts the most effective provisions of Act 57 that:

          (A)  Extends the period for a notice of termination of the rental agreement from five business days to ten calendar days;

          (B)  Requires all landlords, or landlords' agents, and tenants to engage in early mediation and delay filing an action for summary possession if a tenant schedules mediation;

          (C)  Requires landlords, or landlords' agents, and tenants to be responsible for their own attorneys' fees and costs in prelitigation mediation, and allows the landlord or landlord's agent to file an action for summary possession and payment of all attorneys' fees and costs incurred in the prelitigation mediation process if the tenant defaults on a mediated agreement; and

          (D)  Requires landlords and landlords' agents to provide specific information in the ten‑calendar‑day notice to tenants, which shall also be provided to a mediation center that offers free mediation for residential landlord‑tenant disputes; and

     (2)  Appropriating funds to the judiciary for the prelitigation mediation pilot program.

     SECTION 2.  Section 521-68, Hawaii Revised Statutes, is amended to read as follows:

     "§521-68  Landlord's remedies for failure by tenant to pay rent[.]; prelitigation mediation.  (a)  A landlord or the landlord's agent [may], any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, not less than [five business] ten calendar days after receipt thereof, the rental agreement will be terminated.  [If the tenant cannot be served with notice as required, notice] Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit[.], and the notice shall be deemed received on the date of the posting.  If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord or landlord's agent as undeliverable.  If the tenant remains in default[,] after the expiration of the time stated in the notice, the landlord may [thereafter] bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession[.], subject to this section.  The notice required by this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for a summary proceeding for possession based on matters other than nonpayment of rent.  In any action based on the breach of a mediated agreement, the court shall not require any further mediation before trial.

     (b)  The ten-calendar-day notice required under subsection (a) shall include the following:

     (1)  The name of the landlord or landlord's agent and the landlord's or landlord's agent's contact information, including, if possible, phone number, electronic mail address, and mailing address;

     (2)  The address of the dwelling unit subject to the rental agreement;

     (3)  The name and contact information of all tenants listed on the rental agreement, including phone number and, if possible, electronic mail address and mailing address;

     (4)  The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;

     (5)  Notice that a copy of the ten-calendar-day notice being provided to the tenant is also being provided to a state-funded mediation center for the mediation center to contact the landlord, or landlord's agent, and tenant to schedule a mediation regarding the nonpayment of rent in accordance with subsection (c);

     (6)  Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within ten calendar days after the tenant's receipt of the ten‑calendar-day notice, regardless of whether the scheduled mediation session occurs within the ten calendar days;

     (7)  A warning in bold typeface print in substantially the following form:  "If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent may file an action for summary possession after the expiration of the ten‑calendar-day period.  If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, the landlord or landlord's agent shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten‑calendar-day notice unless you (tenant) fail to attend or cancel mediation.  If the ten‑calendar‑day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting.  If the ten‑calendar‑day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark.  If filing an action for summary possession, the landlord or landlord's agent shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten‑calendar-day notice to the mediation center."; and

     (8)  Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.

     The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.

     (c)  A landlord or the landlord's agent shall provide the ten‑calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.  All state-funded mediation centers shall offer mediation services to landlords, or landlords' agents, and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested.  If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice, unless the tenant fails to appear at mediation or cancels the mediation.  If the tenant schedules mediation, the landlord or landlord's agent shall participate.  Mediation shall take place within thirty days from the date that the mediation center makes contact with both the landlord, or the landlord's agent, and tenant.  Upon request by the landlord or landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord or landlord's agent provided a copy of the required ten‑calendar‑day notice to the mediation center.

     (d)  The summary possession complaint for nonpayment of rent shall include:

     (1)  A document or documents from the state-funded mediation center verifying that the landlord or landlord's agent provided a copy of the required ten‑calendar-day notice to the mediation center or an affirmation from the landlord or landlord's agent that the notice was provided to the applicable mediation center and the means by which the notice was provided to the applicable mediation center.  Upon request by the landlord or landlord's agent, the mediation center shall provide copies of the relevant documents to the landlord or landlord's agent; and

     (2)  If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.

     (e)  If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord or landlord's agent and the court determines the defect was unintentional or immaterial, the court may allow the landlord or landlord's agent to cure the defect without dismissing the action for summary possession.

     (f)  Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.

     (g)  The mediation may take place using remote communication, in person, or both.

     (h)  Each landlord and tenant shall be responsible for bearing the party's own costs, including attorneys' fees, relating to the mediation; provided that if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord or landlord's agent may request payment of all costs, including reasonable attorneys' fees, incurred during the pre‑litigation mediation process.

     (i)  If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that:

     (1)  The landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice; and

     (2)  After the filing of the action for summary possession, the court, in its discretion and based on a finding of good cause, may order an additional mediation.

     [(b)] (j)  A landlord or the landlord's agent may bring an action solely for rent [alone] at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring [such an] the action."

     SECTION 3.  No later than ninety days after the termination of the pilot program established by this Act, the judiciary shall submit to the legislature a report of its findings and recommendations, including recommendations on whether the pilot program should be made permanent, and any proposed legislation.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1,250,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to contract for mediation services pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2025; provided that:

     (1)  Section 2 shall take effect on February 5, 2026; and

     (2)  This Act shall be repealed on February 4, 2028, and section 521-68, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of section 2 of this Act; provided further that the amendments made to section 521‑68(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on February 4, 2028.

Report Title:

Judiciary; Eviction Mediation; Prelitigation Mediation Pilot Program; Summary Possession; Landlords; Tenants; Report; Appropriations

Description:

Beginning 2/5/2026, extends the period for a notice of termination of a rental agreement from five business days to ten calendar days; requires landlords, or their agents, and tenants to engage in mediation and requires landlords and their agents to delay filing an action for summary possession if a tenant schedules mediation; requires landlords or their agents to provide specific information in the ten-calendar-day notice to tenants; and requires mediation to take place within thirty days from the date that a mediation center makes contact with both the landlord, or the landlord's agent, and tenant.  Requires the Judiciary to submit a report to the Legislature.  Appropriates funds.  Sunsets 2/4/2028 but preserves the extension of the period for a notice of termination of a rental agreement from five business days to ten calendar days.  (CD1)

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 EVICTION MEDIATION.

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

     SECTION 1.  The legislature finds that many Hawaii residents continue to face challenges paying their rent.  This is a problem for both housing providers and tenants because tenants risk losing their homes due to nonpayment, and housing providers risk losing their property or not keeping up with their bills because of the nonpayment.

     Act 57, Session Laws of Hawaii 2021 (Act 57), encouraged communication and facilitated mediation between housing providers and tenants to help encourage collaborative solutions to this common problem and to avoid evictions when possible.  Experience shows that the mediation procedures created by Act 57 were widely successful in substantially increasing the number of disputes that were settled in mediation without any eviction cases being filed and increased the number of settlements in which the parties agreed that the tenant could continue to reside in the dwelling unit.  However, the amendments to the Residential Landlord-Tenant Code by Act 57 have expired.

     Accordingly, the purpose of this Act is to encourage landlords and tenants to engage in conversations early, as soon as tenants knows they are not able to make their full rent payment, by:

     (1)  Establishing a one-year pilot program that adopts the most effective provisions of Act 57 that:

          (A)  Extends the period for a notice of termination of the rental agreement from five business days to ten calendar days;

          (B)  Requires all landlords, or landlords' agents, and tenants to engage in early mediation and delay filing an action for summary possession if a tenant schedules mediation;

          (C)  Requires landlords, or landlords' agents, and tenants to be responsible for their own attorneys' fees and costs in prelitigation mediation, and allows the landlord or landlord's agent to file an action for summary possession and payment of all attorneys' fees and costs incurred in the prelitigation mediation process if the tenant defaults on a mediated agreement; and

          (D)  Requires landlords and landlords' agents to provide specific information in the ten-calendar-day notice to tenants, which shall also be provided to a mediation center that offers free mediation for residential landlord-tenant disputes; and

     (2)  Appropriating funds to the judiciary for the prelitigation mediation pilot program.

     SECTION 2.  Section 521-68, Hawaii Revised Statutes, is amended to read as follows:

     "§521-68  Landlord's remedies for failure by tenant to pay rent[.]; prelitigation mediation.  (a)  A landlord or the landlord's agent [may], any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, [not] no less than [five business] ten calendar days after receipt thereof, the rental agreement will be terminated.  [If the tenant cannot be served with notice as required, notice] Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit[.], and the notice shall be deemed received on the date of the posting.  If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord or landlord's agent as undeliverable.  If the tenant remains in default[,] after the expiration of the time stated in the notice, the landlord may [thereafter] bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession[.], subject to this section.  The notice required by this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for a summary proceeding for possession based on matters other than nonpayment of rent.  In any action based on the breach of a mediated agreement, the court shall not require any further mediation before trial.

     (b)  The ten-calendar-day notice required under subsection (a) shall include the following:

     (1)  The name of the landlord or landlord's agent and the landlord's or landlord's agent's contact information, including, if possible, phone number, electronic mail address, and mailing address;

     (2)  The address of the dwelling unit subject to the rental agreement;

     (3)  The name and contact information of all tenants listed on the rental agreement, including phone number and, if possible, electronic mail address and mailing address;

     (4)  The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;

     (5)  Notice that a copy of the ten-calendar-day notice being provided to the tenant is also being provided to a state-funded mediation center for the mediation center to contact the landlord, or landlord's agent, and tenant to schedule a mediation regarding the nonpayment of rent in accordance with subsection (c);

     (6)  Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within ten calendar days after the tenant's receipt of the ten‑calendar-day notice, regardless of whether the scheduled mediation session occurs within the ten calendar days;

     (7)  A warning in bold typeface print in substantially the following form:  "If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent may file an action for summary possession after the expiration of the ten-calendar-day period.  If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, the landlord or landlord's agent shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten-calendar-day notice unless you (tenant) fail to attend or cancel mediation.  If the ten‑calendar‑day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting.  If the ten‑calendar‑day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark.  If filing an action for summary possession, the landlord or landlord's agent shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten‑calendar-day notice to the mediation center."; and

     (8)  Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.

     The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.

     (c)  A landlord or the landlord's agent shall provide the ten‑calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.  All state-funded mediation centers shall offer mediation services to landlords, or landlords' agents, and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested.  If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice, unless the tenant fails to appear at mediation or cancels the mediation.  If the tenant schedules mediation, the landlord or landlord's agent shall participate.  Mediation shall take place within thirty days from the date that the mediation center makes contact with both the landlord, or the landlord's agent, and tenant.  Upon request by the landlord or landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord or landlord's agent provided a copy of the required ten‑calendar-day notice to the mediation center.

     (d)  The summary possession complaint for nonpayment of rent shall include:

     (1)  A document or documents from the state-funded mediation center verifying that the landlord or landlord's agent provided a copy of the required ten-calendar-day notice to the mediation center or an affirmation from the landlord or landlord's agent that the notice was provided to the applicable mediation center and the means by which the notice was provided to the applicable mediation center.  Upon request by the landlord or landlord's agent, the mediation center shall provide copies of the relevant documents to the landlord or landlord's agent; and

     (2)  If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.

     (e)  If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord or landlord's agent and the court determines the defect was unintentional or immaterial, the court may allow the landlord or landlord's agent to cure the defect without dismissing the action for summary possession.

     (f)  Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.

     (g)  The mediation may take place using remote communication, in person, or both.

     (h)  Each landlord and tenant shall be responsible for bearing the party's own costs, including attorneys' fees, relating to the mediation; provided that if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord or landlord's agent may request payment of all costs, including reasonable attorneys' fees, incurred during the pre‑litigation mediation process.

     (i)  If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that:

     (1)  The landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice; and

     (2)  After the filing of the action for summary possession, the court, in its discretion and based on a finding of good cause, may order an additional mediation.

     [(b)] (j)  A landlord or the landlord's agent may bring an action solely for rent [alone] at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring [such an] the action."

     SECTION 3.  No later than ninety days after the termination of the pilot program established by this Act, the judiciary shall submit to the legislature a report of its findings and recommendations, including recommendations on whether the pilot program should be made permanent, and any proposed legislation.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to contract for mediation services pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 3000; provided that:

     (1)  Section 2 shall take effect on February 5, 2026; and

     (2)  This Act shall be repealed on February 4, 2028, and section 521-68, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of section 2 of this Act; provided that the amendments made to section 521‑68(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on February 4, 2028.

Report Title:

Judiciary; Eviction Mediation; Prelitigation Mediation Pilot Program; Summary Possession; Landlords; Tenants; Report; Appropriation

Description:

Beginning 2/5/2026, extends the period for a notice of termination of a rental agreement from five business days to ten calendar days; requires landlords, or their agents, and tenants to engage in mediation and requires landlords and their agents to delay filing an action for summary possession if a tenant schedules mediation; requires landlords or their agents to provide specific information in the ten-calendar-day notice to tenants; and requires mediation to take place within thirty days from the date that a mediation center makes contact with both the landlord, or the landlord's agent, and tenant.  Requires the Judiciary to submit a report to the Legislature.  Appropriates funds.  Sunsets 2/4/2028, but preserves the extension of the period for a notice of termination of a rental agreement from five business days to ten calendar days.  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.

A BILL FOR AN ACT

RELATING TO EVICTION MEDIATION.

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

     SECTION 1.  The legislature finds that many Hawaii residents continue to face challenges paying their rent.  This is a problem for both housing providers and tenants because tenants risk losing their homes due to nonpayment, and housing providers risk losing their property or not keeping up with their bills because of the nonpayment.

     Act 57, Session Laws of Hawaii 2021 (Act 57), encouraged communication and facilitated mediation between housing providers and tenants to help encourage collaborative solutions to this common problem and to avoid evictions when possible.  Experience shows that the mediation procedures created by Act 57 were widely successful in substantially increasing the number of disputes that were settled in mediation without any eviction cases being filed and increased the number of settlements in which the parties agreed that the tenant could continue to reside in the dwelling unit.  However, the amendments to the Residential Landlord-Tenant Code by Act 57 have expired.

     Accordingly, the purpose of this Act is to encourage landlords and tenants to engage in conversations early, as soon as tenants knows they are not able to make their full rent payment, by;

     (1)  Establishing a one-year pilot program that adopts the most effective provisions of Act 57 that:

          (A)  Extends the period for a notice of termination of the rental agreement from five business days to ten calendar days;

          (B)  Requires all landlords, or landlords' agents, and tenants to engage in early mediation and delay filing an action for summary possession if a tenant schedules;

          (C)  Requires landlords, or landlords' agents, and tenants to be responsible for their own attorneys' fees and costs in prelitigation mediation, and allows the landlord or landlord's agent to file an action for summary possession and payment of all attorneys' fees and costs incurred in the pre-litigation mediation process if the tenant defaults on a mediated agreement; and

          (D)  Requires landlords and landlords' agents to provide specific information in the ten-calendar-day notice to tenants, which shall also be provided to a mediation center that offers free mediation for residential landlord-tenant disputes; and

     (2)  Appropriating funds to the judiciary for the pre-litigation mediation pilot program.

     SECTION 2.  Section 521-68, Hawaii Revised Statutes, is amended to read as follows:

     "§521-68  Landlord's remedies for failure by tenant to pay rent[.]; pre-litigation mediation.  (a)  A landlord or the landlord's agent [may], any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice, [not] no less than [five business] ten calendar days after receipt thereof, the rental agreement will be terminated.  [If the tenant cannot be served with notice as required, notice] Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit[.], and the notice shall be deemed received on the date of the posting.  If the notice is mailed to the tenant by United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord or landlord's agent as undeliverable.  If the tenant remains in default[,] after the expiration of the time stated in the notice, the landlord may [thereafter] bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession[.], subject to this section.  The notice required by this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for a summary proceeding for possession based on matters other than nonpayment of rent.  In any action based on the breach of a mediated agreement, the court shall not require any further mediation before trial.

     (b)  The ten-calendar-day notice required under subsection (a) shall include the following:

     (1)  The name of the landlord or landlord's agent and the landlord's or landlord's agent's contact information, including, if possible, phone number, electronic mail address, and mailing address;

     (2)  The address of the dwelling unit subject to the rental agreement;

     (3)  The name and contact information of all tenants listed on the rental agreement, including phone number and, if possible, electronic mail address and mailing address;

     (4)  The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;

     (5)  Notice that a copy of the ten-calendar-day notice being provided to the tenant is also being provided to a state-funded mediation center for the mediation center to contact the landlord, or landlord's agent, and tenant to schedule a mediation regarding the nonpayment of rent in accordance with subsection (c);

     (6)  Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within ten calendar days after the tenant's receipt of the ten‑calendar-day notice, regardless of whether the scheduled mediation session occurs within the ten calendar days;

     (7)  A warning in bold typeface print in substantially the following form:  "If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent may file an action for summary possession after the expiration of the ten-calendar-day period.  If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, the landlord or landlord's agent shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten-calendar-day notice unless you (tenant) fail to attend or cancel mediation.  If the ten‑calendar‑day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting.  If the ten‑calendar‑day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark.  If filing an action for summary possession, the landlord or landlord's agent shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten‑calendar-day notice to the mediation center."; and

     (8)  Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.

     The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.

     (c)  A landlord or the landlord's agent shall provide the ten‑calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.  All state-funded mediation centers shall offer mediation services to landlords, or landlords' agents, and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested.  If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice, unless the tenant fails to appear at mediation or cancels the mediation.  If the tenant schedules mediation, the landlord or landlord's agent shall participate.  Mediation shall take place within thirty days from the date that the mediation center makes contact with both the landlord, or the landlord's agent, and tenant.  Upon request by the landlord or landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord or landlord's agent provided a copy of the required ten‑calendar-day notice to the mediation center.

     (d)  The summary possession complaint for nonpayment of rent shall include:

     (1)  A document or documents from the state-funded mediation center verifying that the landlord or landlord's agent provided a copy of the required ten-calendar-day notice to the mediation center or an affirmation from the landlord or landlord's agent that the notice was provided to the applicable mediation center and the means by which the notice was provided to the applicable mediation center.  Upon request by the landlord or landlord's agent, the mediation center shall provide copies of the relevant documents to the landlord or landlord's agent; and

     (2)  If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.

     (e)  If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord or landlord's agent and the court determines the defect was unintentional or immaterial, the court may allow the landlord or landlord's agent to cure the defect without dismissing the action for summary possession.

     (f)  Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.

     (g)  The mediation may take place using remote communication, in person, or both.

     (h)  Each landlord and tenant shall be responsible for bearing the party's own costs, including attorneys' fees, relating to the mediation; provided that if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord or landlord's agent may request payment of all costs, including reasonable attorneys' fees, incurred during the pre‑litigation mediation process.

     (i)  If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that:

     (1)  The landlord or landlord's agent shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice; and

     (2)  After the filing of the action for summary possession, the court, in its discretion and based on a finding of good cause, may order an additional mediation.

     [(b)] (j)  A landlord or the landlord's agent may bring an action solely for rent [alone] at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action."

     SECTION 3.  No later than ninety days after the termination of the pilot program established by this Act, the judiciary shall submit to the legislature a report of its findings and recommendations, including recommendations on whether the pilot program should be made permanent, and any proposed legislation.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to contract for mediation services pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 3000; provided that:

     (1)  Section 2 shall take effect on February 5, 2026; and

     (2)  This Act shall be repealed on February 4, 2028, and section 521-68, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of section 2 of this Act; provided that the amendments made to section 521‑68(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on February 4, 2028.

Report Title:

Judiciary; Eviction Mediation; Pre-litigation Mediation Pilot Program; Summary Possession; Landlords; Tenants; Report; Appropriation

Description:

Beginning 2/5/2026, extends the period for a notice of termination of a rental agreement from five business days to ten calendar days; requires landlords, or their agents, and tenants to engage in mediation and requires landlords and their agents to delay filing an action for summary possession if a tenant schedules; requires landlords or their agents to provide specific information in the ten-calendar-day notice to tenants; and requires mediation to take place within thirty days from the date that a mediation center makes contact with both the landlord, or the landlord's agent, and tenant.  Requires the Judiciary to submit a report to the Legislature.  Appropriates funds.  Sunsets 2/4/2028, but preserves the extension of the period for a notice of termination of a rental agreement from five business days to ten calendar days.  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 EVICTION MEDIATION.

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

     SECTION 1.  The legislature finds that many Hawaii residents continue to face challenges paying their rent.  This is a problem for both housing providers and tenants because tenants risk losing their homes due to nonpayment, and housing providers risk losing their property or not keeping up with their bills because of the nonpayment.

     Act 57, Session Laws of Hawaii 2021 (Act 57), encouraged communication and facilitated mediation between housing providers and tenants to help encourage collaborative solutions to this common problem and to avoid evictions when possible.  Experience shows that the mediation procedures created by Act 57 were widely successful in substantially increasing the number of disputes that were settled in mediation without any eviction cases being filed and increased the number of settlements in which the parties agreed that the tenant could continue to reside in the dwelling unit.  However, the amendments to the landlord-tenant code by Act 57 have expired.

     Accordingly, the purpose of this Act is to:

     (1)  Encourage tenants and landlords to engage in conversations early, as soon as a tenant knows they are not able to make their full rental payment;

     (2)  Establish a pilot program that adopts the most effective provisions of Act 57 that:

          (A)  Extends the period for a notice of termination of the rental agreement from five business days to ten calendar days;

          (B)  Requires all housing providers and tenants to engage in early mediation and delay filing an action for eviction if a tenant schedules or attempts to schedule a mediation;

          (C)  Requires tenants and landlords to be responsible for their own attorneys' fees and costs in prelitigation mediation.  If the tenant defaults on a mediated agreement, the landlord may file for eviction and payment of all attorneys' fees and costs incurred in the pre-litigation mediation process; and

          (D)  Requires landlords to provide specific information in the ten-calendar-day notice to tenants, which shall also be provided to a mediation center that offers free mediation for residential landlord-tenant disputes; and

     (3)  Appropriate moneys for the pre-litigation mediation pilot program.

     SECTION 2.  Section 521-68, Hawaii Revised Statutes, is amended to read as follows:

     "§521-68  Landlord's remedies for failure by tenant to pay rent[.]; pre-litigation mediation.  (a)  A landlord or the landlord's agent [may], any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice[, not] as provided in subsection (b), not less than [five business] ten calendar days after receipt thereof, the rental agreement will be terminated.  [If the tenant cannot be served with notice as required, notice] Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit[.], and the notice shall be deemed received on the date of the posting.  If the notice is mailed to the tenant via the United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord as undeliverable.  If the tenant remains in default[,] after the expiration of the time stated in the notice, the landlord may [thereafter] bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession[.], subject to this section.  The notice required by this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for an eviction proceeding based on matters other than non-payment of rent.  In any action based on the breach of a mediated agreement, the court shall not require any further mediation before trial.

     (b)  The ten-calendar-day notice shall include the following:

     (1)  The name of the landlord or the landlord's agent and the landlord's or landlord's agent's contact information, including, if possible, phone number, electronic mail address, and mailing address;

     (2)  The address of the dwelling unit subject to the rental agreement;

     (3)  The name and contact information of all tenants listed on the rental agreement, including phone number and, if possible, electronic mail address and mailing address;

     (4)  The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;

     (5)  Notice that a copy of the ten-calendar-day notice being provided to the tenant is also being provided to a state-funded mediation center for the mediation center to contact the landlord and tenant to schedule a mediation regarding the nonpayment of rent in accordance with subsection (c);

     (6)  Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within ten calendar days after the tenant's receipt of the ten‑calendar-day notice, regardless of whether the scheduled mediation session occurs within the ten calendar days;

     (7)  A warning in bold typeface print in substantially the following form:  "If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord may file an action for summary possession after the expiration of the ten-calendar-day period.  If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, the landlord shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten-calendar-day notice unless you (tenant) fail to attend or cancel mediation.  If the ten‑calendar‑day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting.  If the ten‑calendar‑day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark.  If filing an action for summary possession, the landlord shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten‑calendar-day notice to the mediation center."; and

     (8)  Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.

     The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.

     (c)  A landlord or the landlord's agent shall provide the ten‑calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.  All state-funded mediation centers shall offer mediation services to landlords and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested.  If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice.  If the tenant schedules mediation, the landlord shall participate.  Mediation shall take place within thirty days from the date that the mediation center makes contact with both the landlord and tenant.  Upon request by the landlord or the landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord provided a copy of the required ten‑calendar-day notice to the mediation center.

     (d)  The summary possession complaint for nonpayment of rent shall include:

     (1)  A document or documents from the mediation center verifying that the landlord provided a copy of the required ten-calendar-day notice to the mediation center or an affirmation from the landlord or the landlord's agent that the notice was provided to the applicable mediation center and the means by which the notice was provided to the applicable mediation center.  Upon request by the landlord or the landlord's agent, the mediation center shall provide copies of the relevant documents to the landlord; and

     (2)  If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.

     (e)  If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord and the court determines the defect was unintentional or immaterial, the court may allow the landlord to cure the defect without dismissing the action for summary possession.

     (f)  Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.

     (g)  The mediation may take place using remote communication, in person, or both.

     (h)  Each tenant and landlord shall be responsible for bearing the party's own costs, including attorneys' fees, relating to the mediation; provided that, if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord may request payment of all costs, including reasonable attorneys' fees, incurred during the pre‑litigation mediation process.

     (i)  If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that after the filing of the action for summary possession, the court, in its discretion and based on a finding of good cause, may order an additional mediation.

     [(b)] (j)  A landlord or the landlord's agent may bring an action solely for rent [alone] at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action."

     SECTION 3.  No later than ninety days after the termination of the pilot program established by this Act, the judiciary shall submit to the legislature a report of its findings and recommendations, including recommendations on whether the pilot program should be made permanent, and any proposed legislation.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to contract for mediation services pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2050; provided that:

     (1)  Section 2 shall take effect on February 5, 2026; and

     (2)  This Act shall be repealed on February 4, 2028, and section 521-68, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of section 2 of this Act; provided that the amendments made to section 521‑68(a), Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is reenacted on February 4, 2028.

Report Title:

Judiciary; Eviction Mediation; Pre-litigation Mediation Pilot Program; Summary Possession; Landlords; Tenants; Report; Appropriations

Description:

Beginning 2/5/2026, extends the period for a notice of termination of a rental agreement from 5 business days to 10 calendar days.  Requires landlords to engage in mediation and delay filing an action for summary possession if a tenant schedules or attempts to schedule mediation.  Requires landlords to provide specific information in the 10-calendar-day notice to tenants.  Requires mediation to take place within 30 days from the date that a mediation center makes contact with both the landlord and tenant.  Appropriates funds.  Requires a report to the Legislature.  Repeals 2/4/2028, except amendments made to section 521-68(a), Hawaii Revised Statutes.  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.

A BILL FOR AN ACT

RELATING TO EVICTION MEDIATION.

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

     SECTION 1.  The legislature finds that many Hawaii residents continue to face challenges paying their rent.  This is a problem for both housing providers and tenants because tenants risk losing their homes due to nonpayment, and housing providers risk losing their property or not keeping up with their bills because of the nonpayment.

     Act 57, Session Laws of Hawaii 2021 (Act 57), encouraged communication and facilitated mediation between housing providers and tenants to help encourage collaborative solutions to this common problem and to avoid evictions when possible.  Experience shows that the mediation procedures created by Act 57 were widely successful in substantially increasing the number of disputes that were settled in mediation without any eviction cases being filed and increased the number of settlements in which the parties agreed that the tenant could continue to reside in the dwelling unit.  However, the amendments to the landlord-tenant code by Act 57 have expired.

     Accordingly, the purpose of this Act is to:

     (1)  Encourage tenants and landlords to engage in conversations early, as soon as a tenant knows they are not able to make their full rental payment;

     (2)  Establish a pilot program that adopts the most effective provisions of Act 57 that:

          (A)  Extends the period for a notice of termination of the rental agreement from five business days to ten calendar days;

          (B)  Requires all housing providers and tenants to engage in early mediation and delay filing an action for eviction if a tenant schedules or attempts to schedule a mediation;

          (C)  Requires tenants and landlords to be responsible for their own attorneys' fees and costs in prelitigation mediation.  If the tenant defaults on a mediated agreement, the landlord may file for eviction and payment of all attorneys' fees and costs incurred in the pre-litigation mediation process; and

          (D)  Requires landlords to provide specific information in the ten-calendar-day notice to tenants, which shall also be provided to a mediation center that offers free mediation for residential landlord-tenant disputes; and

     (3)  Appropriate moneys for the pre-litigation mediation pilot program.

     SECTION 2.  Section 521-68, Hawaii Revised Statutes, is amended to read as follows:

     "§521-68  Landlord's remedies for failure by tenant to pay rent[.]; pre-litigation mediation.  (a)  A landlord or the landlord's agent [may], any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice[, not] as provided in subsection (b), not less than [five business] ten calendar days after receipt thereof, the rental agreement will be terminated.  [If the tenant cannot be served with notice as required, notice] Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit[.], and the notice shall be deemed received on the date of the posting.  If the notice is mailed to the tenant via the United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord as undeliverable.  If the tenant remains in default[,] after the expiration of the time stated in the notice, the landlord may [thereafter] bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession[.], subject to this section.  The notice required by this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for an eviction proceeding based on matters other than non-payment of rent.  In any action based on the breach of a mediated agreement, the court shall not require any further mediation before trial.

     (b)  The ten-calendar-day notice shall include the following:

     (1)  The name of the landlord or the landlord's agent and the landlord's or landlord's agent's contact information, including, if possible, phone number, electronic mail address, and mailing address;

     (2)  The address of the dwelling unit subject to the rental agreement;

     (3)  The name and contact information of all tenants listed on the rental agreement, including phone number and, if possible, electronic mail address and mailing address;

     (4)  The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;

     (5)  Notice that a copy of the ten-calendar-day notice being provided to the tenant is also being provided to a state-funded mediation center for the mediation center to contact the landlord and tenant to schedule a mediation regarding the nonpayment of rent in accordance with subsection (c);

     (6)  Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within ten calendar days after the tenant's receipt of the ten‑calendar-day notice, regardless of whether the scheduled mediation session occurs within the ten calendar days;

     (7)  A warning in bold typeface print in substantially the following form:  "If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord may file an action for summary possession after the expiration of the ten-calendar-day period.  If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, the landlord shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten-calendar-day notice unless you (tenant) fail to attend or cancel mediation.  If the ten‑calendar‑day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting.  If the ten‑calendar‑day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark.  If filing an action for summary possession, the landlord shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten‑calendar-day notice to the mediation center."; and

     (8)  Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.

     The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.

     (c)  A landlord or the landlord's agent shall provide the ten‑calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.  All state-funded mediation centers shall offer mediation services to landlords and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested.  If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice.  If the tenant schedules mediation, the landlord shall participate.  Mediation shall take place within thirty days from the date that the mediation center makes contact with both the landlord and tenant.  Upon request by the landlord or the landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord provided a copy of the required ten‑calendar-day notice to the mediation center.

     (d)  The summary possession complaint for nonpayment of rent shall include:

     (1)  A document or documents from the mediation center verifying that the landlord provided a copy of the required ten-calendar-day notice to the mediation center or an affirmation from the landlord or the landlord's agent that the notice was provided to the applicable mediation center and the means by which the notice was provided to the applicable mediation center.  Upon request by the landlord or the landlord's agent, the mediation center shall provide copies of the relevant documents to the landlord; and

     (2)  If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.

     (e)  If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord and the court determines the defect was unintentional or immaterial, the court may allow the landlord to cure the defect without dismissing the action for summary possession.

     (f)  Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.

     (g)  The mediation may take place using remote communication, in person, or both.

     (h)  Each tenant and landlord shall be responsible for bearing the party's own costs, including attorneys' fees, relating to the mediation; provided that, if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord may request payment of all costs, including reasonable attorneys' fees, incurred during the pre‑litigation mediation process.

     (i)  If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that after the filing of the action for summary possession, the court, in its discretion and based on a finding of good cause, may order an additional mediation.

     [(b)] (j)  A landlord or the landlord's agent may bring an action solely for rent [alone] at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to contract for mediation services pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050; provided that:

     (1)  Section 2 shall take effect on February 5, 2026; and

     (2)  This Act shall be repealed on February 4, 2027, and section 521-68, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of section 2 of this Act.

Report Title:

Judiciary; Eviction Mediation; Pre-litigation Mediation Pilot Program; Summary Possession; Landlords; Tenants; Appropriations

Description:

Beginning 2/5/2026, extends the period for a notice of termination of a rental agreement from 5 business days to 10 calendar days.  Requires landlords to engage in mediation and delay filing an action for summary possession if a tenant schedules or attempts to schedule mediation.  Requires landlords to provide specific information in the 10‑calendar-day notice to tenants.  Requires mediation to take place within 30 days from the date that a mediation center makes contact with both the landlord and tenant.  Appropriates funds.  Repeals 2/4/2027.  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 Eviction Mediation.

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

     SECTION 1.  The legislature finds that many Hawaii residents continue to face challenges paying their rent.  This is a problem for both housing providers and tenants because tenants risk losing their homes due to nonpayment, and housing providers risk losing their property or not keeping up with their bills because of the nonpayment.

     Act 57, Session Laws of Hawaii 2021 (Act 57), encouraged communication and facilitated mediation between housing providers and tenants to help encourage collaborative solutions to this common problem and to avoid evictions when possible.  Experience shows that the mediation procedures created by Act 57 were widely successful in substantially increasing the number of disputes that were settled in mediation without any eviction cases being filed, as well as increased the number of settlements in which the parties agreed that the tenant could continue to reside in the dwelling unit.  However, the amendments to the landlord-tenant code by Act 57 have expired.

     Accordingly, the purpose of this Act is to:

     (1)  Encourage tenants and landlords to engage in conversations early, as soon as a tenant knows they are not able to make their full rental payment;

     (2)  Establish a pilot program that adopts the most effective provisions of Act 57 that:

          (A)  Extends the period for a notice of termination of the rental agreement from five business days to ten calendar days;

          (B)  Requires all housing providers and tenants to engage in early mediation and delay filing an action for eviction if a tenant schedules or attempts to schedule a mediation;

          (C)  Requires tenants and landlords to be responsible for their own attorney's fees and costs in prelitigation mediation.  If the tenant defaults on a mediated agreement, the landlord may file for eviction and payment of all attorney's fees and costs incurred in the pre-litigation mediation process; and

          (D)  Requires landlords to provide specific information in the ten-calendar-day notice to tenants, which shall also be provided to a mediation center that offers free mediation for residential landlord-tenant disputes; and

     (3)  Appropriate moneys for the pre-litigation mediation pilot program.

     SECTION 2.  Section 521-68, Hawaii Revised Statutes, is amended to read as follows:

     "§521-68  Landlord's remedies for failure by tenant to pay rent[.]; pre-litigation mediation.  (a)  A landlord or the landlord's agent [may], any time after rent is due, may demand payment thereof and notify the tenant in writing that unless payment is made within a time mentioned in the notice[, not] as provided in subsection (b), no less than [five business] ten calendar days after receipt thereof, the rental agreement will be terminated.  [If the tenant cannot be served with notice as required, notice] Notice may be given to the tenant by posting the same in a conspicuous place on the dwelling unit[.], and the notice shall be deemed received on the date of the posting.  If the notice is mailed to the tenant via the United States Postal Service, properly addressed and with appropriate postage, the notice shall be deemed to have been received two business days after the date of the postmark, unless the letter is returned to the landlord as undeliverable.  If the tenant remains in default[,] after the expiration of the time stated in the notice, the landlord may thereafter bring a summary proceeding for possession of the dwelling unit or any other proper proceeding, action, or suit for possession[.], subject to subsections (b) through (j).  The notice required by this section need not be given if the action is based on the breach of a mediated agreement or other settlement agreement, or is for an eviction proceeding based on matters other than non-payment of rent.  In any action based on the breach of a mediated agreement, the court shall not require any further mediation prior to trial.

     (b)  The ten-calendar-day notice shall provide the following:

     (1)  The name of the landlord or the landlord's agent and the landlord's or landlord's agent's contact information, including, if possible, phone number, electronic mail address, and mailing address;

     (2)  The address of the dwelling unit subject to the rental agreement;

     (3)  The name and contact information of all tenants listed on the rental agreement, including phone number and, if possible, electronic mail address and mailing address;

     (4)  The current amount of the rent due as of the date of the notice, after applying all rent paid from all sources;

     (5)  Notice that a copy of the ten-calendar-day notice being provided to the tenant is also being provided to a state-funded mediation center in order for the mediation center to contact the landlord and tenant to attempt to schedule a mediation regarding the nonpayment of rent in accordance with subsection (c);

     (6)  Notice that the landlord or landlord's agent may file an action for summary possession if the rent due is not paid and if mediation is not scheduled within ten calendar days after the tenant's receipt of the ten‑calendar-day notice, regardless of whether the scheduled mediation session occurs within the ten calendar days;

     (7)  A warning in bold typeface print in substantially the following form:  "If mediation is not scheduled within ten calendar days after receipt of this notice, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, then the landlord may file an action for summary possession after the expiration of the ten-calendar-day period.  If mediation is scheduled before the expiration of the ten-calendar-day period, regardless of whether the scheduled mediation session occurs within the ten calendar days, then the landlord shall only file an action for summary possession after the expiration of twenty calendar days following the tenant's receipt of the ten-calendar-day notice unless you (tenant) fail to attend or cancel mediation.  If the ten‑calendar‑day notice was posted on the premises, receipt of notice shall be deemed to be the date of posting.  If the ten‑calendar‑day notice was mailed, receipt of notice shall be deemed to be two business days after the date of the postmark.  If filing an action for summary possession, the landlord shall be required to note, in the summary possession complaint, the status of the mediation or settlement effort and proof of posting or sending the ten‑calendar-day notice to the mediation center."; and

     (8)  Notice that the landlord or landlord's agent shall engage in mediation if mediation is scheduled.

     The judiciary shall prepare a notice form that may be used by landlords and landlords' agents to provide the information required by this subsection and make the form available on its website.

     (c)  A landlord or the landlord's agent shall provide the ten‑calendar-day notice to a state-funded mediation center that offers free mediation for residential landlord-tenant matters.  All state-funded mediation centers shall offer mediation services to landlords and tenants through in-person and remote means, and shall allow mediation participants to utilize remote appearances, if requested.  If a mediation center schedules mediation within the ten-calendar-day period and the tenant participates in the mediation, regardless of whether the scheduled mediation session occurs within the ten-calendar-day period, the landlord shall only file a summary possession proceeding after the expiration of twenty calendar days from the date of the tenant's receipt of the ten-calendar-day notice.  If the tenant schedules mediation, the landlord shall participate.  Upon request by the landlord or the landlord's agent, the mediation center shall provide copies of a document or documents verifying that the landlord provided a copy of the required ten‑calendar-day notice to the mediation center.

     (d)  The summary possession complaint for nonpayment of rent shall include:

     (1)  A document or documents from the mediation center verifying that the landlord provided a copy of the required ten-calendar-day notice to the mediation center or an affirmation from the landlord or the landlord's agent that the notice was provided to the applicable mediation center and the means by which the notice was provided to the applicable mediation center.  Upon request by the landlord or the landlord's agent, the mediation center shall provide copies of the relevant documents to the landlord; and

     (2)  If mediation is scheduled but has not yet occurred, the date on which the mediation is scheduled.

     (e)  If there is any defect in the ten-calendar-day notice described in subsection (b) provided by the landlord and the court determines the defect was unintentional or immaterial, the court may allow the landlord to cure the defect without dismissing the action for summary possession.

     (f)  Nothing in this section shall impact a landlord's or tenant's other rights and responsibilities under this chapter.

     (g)  The mediation may take place using remote communication, in person, or both.

     (h)  Each tenant and landlord shall be responsible for bearing the party's own costs, including attorney's fees, relating to the mediation; provided that, if the tenant defaults on a mediated agreement or fails to attend a scheduled mediation, the landlord may request payment of all costs, including reasonable attorney's fees, incurred during the pre-litigation mediation process.

     (i)  If the mediation does not result in an agreement, the landlord or the landlord's agent may file an action for summary possession without participating in an additional mediation; provided that after the filing of the action for summary possession, the court, in its discretion and based on a finding of good cause, may order an additional mediation.

     [(b)] (j)  A landlord or the landlord's agent may bring an action for rent alone at any time after the landlord has demanded payment of past due rent and notified the tenant of the landlord's intention to bring such an action."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to contract for mediation services pursuant to section 2 of this Act.

     The sums appropriated shall be expended by the judiciary for the purposes of this Act.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2025; provided that:

     (1)  Section 2 shall take effect on February 5, 2026; and

     (2)  This Act shall be repealed on February 4, 2027, and section 521-68, Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of section 2 of this Act.

Report Title:

Judiciary; Eviction Mediation; Pre-litigation Mediation Pilot Program; Summary Possession; Landlords; Tenants; Hawaii Public Housing Authority; Emergency Rent Relief Program; Appropriation

Description:

Beginning 2/5/2026, extends the period for a notice of termination of a rental agreement; requires landlords to engage in mediation and delay filing an action for summary possession if a tenant schedules or attempts to schedule mediation; and requires landlords to provide specific information in the 10‑calendar-day notice to tenants.  Repeals 2/4/2027.  Appropriates moneys.

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

CONFERENCE COMMITTEE REP. NO. 218

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 825

       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. 825, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

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:

     (1)  Establish a two-year pilot program beginning on February 5, 2026, that:

          (A)  Extends the period for a notice of termination of a rental agreement from five business days to ten calendar days;

          (B)  Requires landlords, or their agents, and tenants to engage in mediation and requires landlords or their agents to delay filing an action for summary possession if a tenant schedules mediation;

          (C)  Requires landlords or their agents to provide specific information in the ten-calendar-day notice to tenants; and

          (D)  Requires mediation to take place within thirty days from the date that a mediation center makes contact with both the landlord, or the landlord's agent, and tenant;

     (2)  Require the Judiciary to submit a report to the Legislature; and

     (3)  Appropriate funds for the Judiciary to contract for mediation services.

     Your Committee on Conference finds that Act 57, Session Laws of Hawaii 2021 (Act 57), established a temporary Pre-Litigation Mediation Program to address the potential high volume of evictions as a result of the COVID-19 pandemic.  Among other things, Act 57 modified the notice requirements for residential summary possession cases, mandated pre-filing mediation between landlords and tenants, and provided funds for mediation services and rent relief.  Through the program, mediation assisted many low-income renters to avoid eviction and allowed negotiated move-outs that avoided further judicial proceedings and ensured that landlords would receive their payments.  The program successfully mediated agreements for eighty‑five percent of disputes, allowing tenants to remain in their homes and providing stability to their housing situation.  Your Committee further finds that mediation has shown to be an effective tool in resolving eviction disputes amicably between landlords and tenants.  This measure incorporates the most effective provisions of Act 57 to promote housing stability and prevent evictions.

     Your Committee on Conference has amended this measure by:

     (1)  Inserting an appropriation amount of $1,250,000 for each year of the fiscal biennium the Judiciary to contract for mediation services;

     (2)  Changing its effective date to July 1, 2025; and

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

Your Committee on Conference further notes that while this is a temporary pilot program, this measure also requires the Judiciary to submit a report to the Legislature prior to its termination to make recommendations as to whether it should be made permanent.  Your Committee on Conference requests that the report include the following:

     (1)  Total number of mediations requested under this measure;

     (2)  Total number of mediations that resulted in a payment plan between the landlord and tenant;

     (3)  Total number of successful payment plans where both landlord and tenant met the terms of the agreement;

     (4)  Total number of mediations that resulted in judgments for summary possession;

     (5)  Total number of payment plans that resulted in judgments for summary possession;

     (6)  Average number of days from initial request of mediation to date that mediation occurs;

     (7)  Total cost of process to each individual landlord and tenant if mediation is scheduled;

     (8)  Average cost of each mediation; and

     (9)  Total cost of the pilot project to the State of Hawaii.

     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. 825, 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. 825, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1937

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 825

      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 Finance, to which was referred S.B. No. 825, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  For a one-year pilot period beginning on February 5, 2026:

          (A)  Extend the required period for notice of termination for failure to pay rent from five business days to ten calendar days;

          (B)  Require landlords, or their agents, and tenants to engage in mediation and require landlords or their agents to delay filing an action for summary possession if a tenant schedules mediation;

          (C)  Require landlords, or their agents, and tenants to be responsible for their own attorneys' fees and costs in prelitigation mediation, unless the tenant defaults on a mediated agreement or fails to attend a scheduled mediation; and

          (D)  Require landlords or their agents to provide specific information in the ten-calendar-day notice to tenants;

     (2)  Require the Judiciary to report to the Legislature no later than ninety days after the termination of the pilot program; and

     (3)  Appropriate funds for the Judiciary to contract for mediation services.

     Your Committee received testimony in support of this measure from the Judiciary; Department of Human Services; Kuʻikahi Mediation Center; The Mediation Center of the Pacific, Inc.; Hawaii Appleseed Center for Law & Economic Justice; and four individuals.  Your Committee received comments on this measure from the Hawai‘i Association of REALTORS.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 825, S.D. 2, H.D. 2, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO.  1450

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 825

      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. 825, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  For a one-year pilot period beginning on February 5, 2026:

          (A)  Extend the required period for notice of termination for failure to pay rent from five business days to ten calendar days;

          (B)  Require landlords, or their agents, and tenants to engage in mediation and require landlords or their agents to delay filing an action for summary possession if a tenant schedules mediation;

          (C)  Require landlords, or their agents, and tenants to be responsible for their own attorneys' fees and costs in prelitigation mediation, unless the tenant defaults on a mediated agreement; and

          (D)  Require landlords or their agents to provide specific information in the ten-calendar-day notice to tenants; and

     (2)  Appropriate funds for the Judiciary to contract for mediation services.

     Your Committee received testimony in support of this measure from the Judiciary; Department of Human Services; Mediation Center of the Pacific; Kuʻikahi Mediation Center; Hawaiʻi Children's Action Network Speaks!; Mediation Centers of Hawaii; and five individuals.  Your Committee received testimony in opposition to this measure from the Hawaii State Bar Association Collection Law Section and one individual.  Your Committee received comments on this measure from the Hawaiʻi Association of REALTORS.

     Your Committee finds that many people in the State continue to face challenges paying their rent due to the ever-increasing costs of housing.  In an effort to reduce evictions and facilitate mediation, the Legislature enacted Act 57, Session Laws of Hawaii 2021 (Act 57), which modified notice requirements for residential summary possession proceedings, mandated pre-filing mediation, and made funding available for pre-filing mediation services and rent relief through subsidies.  Your Committee believes that Act 57 was successful in avoiding evictions, thereby keeping people in homes and ensuring landlords received their rent payments.  Despite its success, Act 57 ended on August 6, 2022.  Your Committee believes the success of Act 57 merits the continuation of a similar eviction mediation program.

     Your Committee has amended this measure by 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. 825, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 825, S.D. 2, H.D. 2.

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

STAND. COM. REP. NO.  1234

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 825

      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 Consumer Protection & Commerce, to which was referred S.B. No. 825, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  For a one-year pilot period beginning on February 5, 2026:

          (A)  Extend the required period for notice of termination for failure to pay rent from five business days to ten calendar days;

          (B)  Specify required notice provisions;

          (C)  Require landlords, or their agents, and tenants to engage in mediation and require landlords or their agents to delay filing an action for summary possession if a tenant schedules mediation; and

          (D)  Require landlords or their agents to provide specific information in the ten-calendar-day notice to tenants; and

     (2)  Appropriate funds for the Judiciary to contract for mediation services.

     Your Committee received testimony in support of this measure from the Department of Human Services; Judiciary; Kuʻikahi Mediation Center; Mediation Centers of Hawaii; The Mediation Center of the Pacific, Inc.; Hawaiʻi Children's Action Network Speaks!; Kauai Economic Opportunity, Incorporated; and four individuals.  Your Committee received testimony in opposition to this measure from the Collection Law Section of the Hawaii State Bar Association.  Your Committee received comments on this measure from the Hawaiʻi Association of REALTORS.

     Your Committee finds that Act 57, Session Laws of Hawaii 2021 (Act 57), established a temporary Pre-Litigation Mediation Program to address the potential high volume of evictions as a result of the COVID-19 pandemic.  Through the program, mediation assisted many low-income renters to avoid eviction or allowed a negotiated move-out that avoided further judicial proceedings and judgments, while also ensuring that landlords received their payments.  The Program succeeded in mediating agreements for eighty-five percent of disputes, allowing tenants to remain in their residences and providing stability to their housing situation.

     Your Committee further finds that even after the expiration of Act 57, mediation has shown to be an effective tool in amicably resolving eviction disputes.  After the expiration of Act 57, The Mediation Center of the Pacific, Inc., continued to offer mediation services for eviction disputes.  Over the past two years, the Center mediated ninety-six early eviction cases, ninety percent of which resulting in final agreements between landlord and tenant when no rental assistance was available.  This measure will reimplement some of the successful provisions of Act 57 by requiring mediation between tenants and landlords to prevent evictions, thereby allowing families to remain in stable housing and children to continue to attend their community schools and maintain their social connections.

     Your Committee has amended this measure by:

     (1)  Clarifying that a landlord's agent may fully act on behalf of the landlord;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; 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 Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 825, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 825, 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 Consumer Protection & Commerce,

STAND. COM. REP. NO. 885

Honolulu, Hawaii

RE:    S.B. No. 825

       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 Ways and Means and Judiciary, to which was referred S.B. No. 825, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

beg leave to report as follows:

     The purpose and intent of this measure is to codify as a one‑year pilot program certain expired amendments to the State's landlord-tenant law that were previously made by Act 57, Session Laws of Hawaii 2021.

     More specifically, the measure:

     (1)  Extends from five business days to ten calendar days the notice required for a landlord to terminate a rental agreement if a tenant fails to pay;

     (2)  Requires a landlord to engage in mediation and to delay filing an action for summary possession if a tenant schedules or attempts to schedule mediation;

     (3)  Requires a landlord to provide specific information in the required ten-day notice to a tenant to terminate a rental agreement; and

     (4)  Requires mediation to take place within thirty days from the date that a mediation center makes contact with both the landlord and the tenant.

     Your Committees received written comments in support of this measure from the Judiciary, Department of Human Services, Mediation Centers of Hawaii, Legal Aid Society of Hawaii, Hawaii Children's Action Network Speaks!, Kuikahi Mediation Center, and three individuals.

     Your Committees received written comments in opposition to this measure from one individual.

     Your Committees received written comments on this measure from Hawaii Realtors.

     Your Committees find that the notice and mediation required by this measure will help improve housing stability by reducing evictions and facilitating the resolution of disputes between landlords and tenants.

     Your Committees have amended this measure by:

     (1)  Extending the length of the pilot program from one year to two years;

     (2)  Requiring the Judiciary to report its findings and recommendations, including recommendations on whether the pilot program should be made permanent, to the Legislature no later than ninety days after the termination of the pilot program; and

     (3)  Making permanent the ten-day notice period required for a landlord to terminate a rental agreement for a tenant's failure to pay.

     As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 825, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 825, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

STAND. COM. REP. NO. 440

Honolulu, Hawaii

RE:    S.B. No. 825

       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 Commerce and Consumer Protection, to which was referred S.B. No. 825 entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Encourage tenants and landlords to engage in conversations early, as soon as a tenant knows they are not able to make their full rental payment;

     (2)  Establish a pilot program that adopts the most effective provisions of Act 57, Session Laws of Hawaii 2021, that:

          (A)  Extends the period for a notice of termination of the rental agreement from five business days to ten calendar days;

          (B)  Requires all housing providers and tenants to engage in early mediation and delay filing an eviction action if a tenant schedules or attempts to schedule mediation;

          (C)  Requires tenants and landlords to be responsible for their own attorneys' fees and costs in pre‑litigation mediation; and

          (D)  Requires landlords to provide specific information within the ten-calendar-day notice to the tenant and provide a copy of the notice to a mediation center that offers free mediation for residential landlord-tenant disputes; and

     (3)  Appropriate funds for the Pre-Litigation Mediation Pilot Program.

     Your Committee received testimony in support of this measure from the Judiciary; Kuʻikahi Mediation Center; Mediation Center of the Pacific, Inc.; and eleven individuals.

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

     Your Committee finds that when the COVID-19 pandemic began in 2020, thousands of evictions were predicted to overwhelm the court system.  However, Act 57, Session Laws of Hawaii 2021, helped prevent this crisis by modifying the notice requirements for residential summary possession cases, mandating pre-filing mediation, and providing funds for pre-filing mediation services and rent relief.  As a result, eighty-five percent of cases mediated statewide under Act 57 settled without litigation and allowed tenants to remain in their homes.  These results demonstrate the importance of landlords and tenants having these conversations sooner rather than later, and the effectiveness of combining pre-litigation mediation and rent relief to prevent evictions.  This measure incorporates the successful elements of Act 57 to promote housing stability and avoid the high costs of evictions.

     Your Committee has amended this measure by:

     (1)  Inserting language to require that mediation take place within thirty days from the date that a mediation center makes contact with the landlord and tenant;

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

     (3)  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 Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 825, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 825, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

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