STAND. COM. REP. NO.956-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 331

S.D. 2

H.D. 2




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 331, S.D. 2, H.D. 1, entitled:


begs leave to report as follows:

The purpose of this bill is to streamline the procedures for eviction of public housing tenants who are in violation of their rental agreements.

Your Committee received testimony in support of the bill from the Housing and Community Development Corporation of Hawaii (Corporation). The Corporation's testimony explained that the Corporation had been working with the Legal Aid Society of Hawaii, the Women's Legislative Coalition, and resident groups to resolve concerns relating to eviction of public housing tenants. As a result of discussions with these groups, the Corporation recommended that the bill be amended to include provisions ensuring that tenants understand the procedures and their rights before the eviction process begins.

Your Committee has amended this bill to:

(1) Detail the procedures to be used to work with a tenant prior to eviction in an effort to avoid eviction and to ensure the tenants' full understanding of and participation in the process;

(2) Include a grievance procedure that the Corporation must follow before initiating the eviction process for a public housing tenant who is delinquent in payment of rent. The grievance procedure includes:

    1. A meeting between the Corporation's agent and the tenant concerning the delinquency;
    2. A written decision after the meeting setting forth the actions that the Corporation will take; and
    3. The tenant's right to request a grievance hearing before the eviction process is begun;
    1. Specify that the hearing required to be held once the Corporation proposes to evict a tenant or other occupant is a contested case hearing;
    2. Authorize the Corporation to consider a tenant's history in determining noncurable grounds for eviction; and
    3. Making technical, nonsubstantive amendments for purposes of style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 331, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 331, S.D. 2, H.D. 2.

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