Honolulu, Hawaii

, 2002

RE: S.B. No. 2704

S.D. 1



Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2704 entitled:


begs leave to report as follows:

The purpose of this measure is to streamline the state public housing eviction process without impairing the tenant's due process rights.

Your Committee received testimony in support of the measure from the Housing and Community Development Corporation of Hawaii (HCDCH).

Your Committee finds that this measure:

(1) Ensures the due process rights of HCDCH tenants;

(2) Promotes a proactive process for tenants to work with management in addressing problems early on; and

(3) Helps the HCDCH to promptly address lease violations including delinquencies and nuisances that affect the peaceful enjoyment of the project.

Your Committee further finds that, under the HCDCH’s current eviction process, up to eighteen months can elapse before a tenant is evicted from public housing, which has contributed to a tenant accounts receivable of approximately $1.2 million. This measure would retain the grievance and eviction hearings, and appeals to Circuit Court, eliminate the appeal hearing, and add a consultation process in which HCDCH managers would meet with tenants who are violating the terms of their lease in order to address problems up-front. The modified administrative process strikes a balance between the need for a streamlined eviction process and the tenant’s right to an accessible due process.

Your Committee has made technical, nonsubstantive changes to reflect preferred drafting style.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2704, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2704, S.D. 1, and be referred to the Committee on Judiciary.

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