SR 103: REQUESTING THE judiciary TO CONVENE A WORKING GROUP TO RESEARCH LANDLORD-TENANT ISSUES SPECIFIC TO INCREASING THE SUPPLY OF RENTAL HOUSING AND IMPROVING LANDLORD-TENANT INTERACTIONS.

SENATE RESOLUTION

REQUESTING THE judiciary TO CONVENE A WORKING GROUP TO RESEARCH LANDLORD-TENANT ISSUES SPECIFIC TO INCREASING THE SUPPLY OF RENTAL HOUSING AND IMPROVING LANDLORD-TENANT INTERACTIONS.

     WHEREAS, rental housing is a vital source of housing for many working families, residents, and locals in Hawaii, with 38.2 percent of Hawaii residents living as renters, according to the Economic Research Organization at the University of Hawaii's 2024 Hawaii Housing Factbook; and

     WHEREAS, increasing the availability of rental housing is essential to addressing Hawaii's housing shortage and ensuring stability for residents; and

     WHEREAS, landlord-tenant relationships are governed by various state and federal laws, requiring clear understanding and compliance to ensure fair and equitable treatment for tenants and housing providers alike; and

     WHEREAS, the increasing complexity of these laws and navigating the court process can create difficulties for tenants and housing providers; and

     WHEREAS, clarifying landlord-tenant laws will reduce the number of cases that are brought to court, thus alleviating the burden placed on the judicial system; and

     WHEREAS, making improvements to the landlord-tenant law will help housing providers to have more certainty and confidence in their ability to rent their properties and provide Hawaii residents with much needed housing; and

     WHEREAS, establishing a working group dedicated to researching and improving the landlord-tenant code and addressing any other relevant landlord-tenant issues would provide an opportunity for collaboration among key stakeholders to identify concerns, evaluate potential solutions, and recommend best practices; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Judiciary is requested to convene a three-year working group to research landlord-tenant issues specific to increasing the availability of rental housing and improving landlord-tenant interactions, including:

     (1)  Identifying the potential availability of rental housing stock that is not being offered for rent;

     (2)  Evaluating the challenges faced by landlords and tenants, including legal, financial, and procedural issues that are barriers to offering or obtaining housing;

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

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

     (5)  Exploring any other feasible ideas or relevant solutions, pursuant to the discretion of the working group; and

     BE IT FURTHER RESOLVED that the working group is requested to comprise the following members:

     (1)  The Chief Justice of the Hawaii Supreme Court, or their designee, who is requested to serve as the chairperson of the working group;

     (2)  The President of the Senate, or their designee;

     (3)  The Speaker of the House of Representatives, or their designee;

     (4)  The Attorney General, or their designee;

     (5)  The Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs, or their designee;

     (6)  An attorney specializing in landlord-tenant laws, to be invited by the chairperson;

     (7)  One individual who owns rental property in the State that they are managing personally, but who is not a real estate licensee, to be invited by the chairperson;

     (8)  Two members from organizations representing professional property managers--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee;

     (9)  Two members from organizations representing tenant concerns--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee; and

    (10)  Any other member deemed necessary that provides the appropriate special expertise, including representatives from organizations with experience in landlord or tenant issues, upon approval by the chairperson; and

     BE IT FURTHER RESOLVED that an initial meeting of the working group be convened no later than July 1, 2025; and

     BE IT FURTHER RESOLVED that the working group is requested, with the assistance of the Judiciary, to submit an initial report of its findings to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, President of the Senate, Speaker of the House of Representatives, Attorney General, and Executive Director of the Office of Consumer Protection of the Department of Commerce and Consumer Affairs.

Report Title: 

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

SENATE RESOLUTION

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

     WHEREAS, rental housing is a vital source of housing for many working families, residents, and locals in Hawaii, with 38.2 percent of Hawaii residents living as renters, according to the Economic Research Organization at the University of Hawaii's 2024 Hawaii Housing Factbook; and

     WHEREAS, increasing the availability of rental housing is essential to addressing Hawaii's housing shortage and ensuring stability for residents; and

     WHEREAS, landlord-tenant relationships are governed by various state and federal laws, requiring clear understanding and compliance to ensure fair and equitable treatment for tenants and housing providers alike; and

     WHEREAS, the increasing complexity of these laws and navigating the court process can create difficulties for tenants and housing providers; and

     WHEREAS, clarifying landlord-tenant laws will reduce the number of cases that are brought to court, thus alleviating the burden placed on the judicial system; and

     WHEREAS, making improvements to the landlord-tenant law will help housing providers to have more certainty and confidence in their ability to rent their properties and provide Hawaii residents with much needed housing; and

     WHEREAS, establishing a working group dedicated to researching and improving the landlord-tenant code and addressing any other relevant landlord-tenant issues would provide an opportunity for collaboration among key stakeholders to identify concerns, evaluate potential solutions, and recommend best practices; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Attorney General is requested to convene a three-year working group to research landlord-tenant issues specific to increasing the availability of rental housing and improving landlord-tenant interactions, including: 

     (1)  Identifying the potential availability of rental housing stock that is not being offered for rent;

     (2)  Evaluating the challenges faced by landlords and tenants, including legal, financial, and procedural issues that are barriers to offering or obtaining housing;

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

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

     (5)  Exploring any other feasible ideas or relevant solutions, pursuant to the discretion of the working group; and

     BE IT FURTHER RESOLVED that the working group is requested to comprise the following members:

     (1)  The Attorney General, or the Attorney General's designee, who is requested to serve as the Chairperson of the working group;

     (2)  The President of the Senate, or the President's designee;

     (3)  The Speaker of the House of Representatives, or the Speaker's designee;

     (4)  A representative from the Judiciary with experience in landlord-tenant cases;

     (5)  An attorney specializing in landlord-tenant laws, to be invited by the Chairperson;

     (6)  One member who owns the property they are managing, but is not a real estate licensee, to be invited by the Chairperson;

     (7)  Two members from organizations representing professional property managers--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee;

     (8)  Two members from organizations representing tenant concerns--one to be invited by the President of the Senate or the President's designee and one to be invited by the Speaker of the House of Representatives or the Speaker's designee; and

     (9)  Any other member deemed necessary that provides the appropriate special expertise, including representatives from organizations with experience in landlord or tenant issues, upon approval by the chairperson; and

     BE IT FURTHER RESOLVED that an initial meeting of the working group be convened no later than July 1, 2025; and

     BE IT FURTHER RESOLVED that the working group is requested, with the assistance of the Attorney General, to submit an initial report no later than twenty days prior to the convening of the Regular Session of 2026; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, and Attorney General.

Report Title: 

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

STAND. COM. REP. NO. 1599

Honolulu, Hawaii

RE:    S.R. No. 103

       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.R. No. 103 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to request the Attorney General to convene a working group to research landlord-tenant issues specific to increasing the supply of rental housing and improving landlord-tenant interactions.

     Your Committee received comments on this measure from the Department of the Attorney General.

     Your Committee finds that tenants struggling to afford making their rental payments face uncertainty regarding their options and available protections under existing law.  Meanwhile, housing providers who have tenants not paying rent or violating other provisions of their rental agreements must undergo a lengthy and time-consuming court process to seek remedy.  This could discourage property owners from offering or continuing to offer rental housing in the future.  Your Committee further finds that establishing a working group would be beneficial by helping to explore possible solutions, such as early mediation and alternative dispute resolution methods that are more accessible to tenants.  Therefore, this measure requests the establishment of a working group to explore these issues to help the State work towards promoting a fair and efficient conflict resolution process between renters and housing providers.

     Your Committee, however, notes concerns raised in testimony that the topics to be researched by the working group extend beyond the Department of the Attorney General's legal role and areas of subject matter specialization.  Amendments to this measure are therefore necessary to ensure that the scope and membership of the working group focus on the real estate and financial aspects of rental housing issues.

     Accordingly, your Committee has amended this measure by:

     (1)  Requesting the Judiciary, rather than the Attorney General, to convene a working group to research landlord-tenant issues specific to increasing the supply of rental housing and improving landlord-tenant interactions;

     (2)  Requesting the Chief Justice of the Hawaii Supreme Court, or their designee, to serve as chairperson of the working group;

     (3)  Requesting the Executive Director of the Office of Consumer Protection and the Attorney General, or their designees, to serve as members of the working group;

     (4)  Amending its title accordingly;

     (5)  Amending the list of individuals to whom certified copies of this measure is requested to be transmitted; and

     (6)  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 concurs with the intent and purpose of S.R. No. 103, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 103, S.D. 1.

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