STAND. COM. REP. 2223

Honolulu, Hawaii

, 2004

RE: S.B. No. 2297

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 2297 entitled:

"A BILL FOR AN ACT RELATING TO THE LANDLORD TENANT CODE,"

begs leave to report as follows:

The purpose of this measure is to prohibit tenants and their guests from engaging in illegal drug activity and to facilitate the eviction of tenants who violate this prohibition.

The Hawaii Association of Realtors and an individual testified in support of this measure. The Housing and Development Corporation of Hawaii (HCDCH) opposed the measure.

This measure broadens the definition of "tenant" in the Residential Landlord-Tenant Code (Code) to include guests thereof, prohibits tenants from engaging in illegal drug activity, allows a landlord to bring summary eviction proceedings against a tenant engaged in illegal drug activity without first providing an opportunity to cure the noncompliance, and permits the use of a government document regarding proscribed drug-related activities to make a prima facie case of noncompliance under the Code.

Your Committee finds that expanding the definition of "tenant" to include a tenant's guests may result in the disqualification of persons for affordable housing who would otherwise be eligible. Tenants assisted under the Rental Housing System, Low Income Housing Tax Credit, Rental Housing Trust Fund, and Hula Mae Multi-Family Programs must meet eligibility criteria, including income and asset limits. Since under this measure, guests would also be subject to the eligibility requirements, consideration of the guest's income and assets, in addition to those of the tenant, may result in the disqualification of the tenant for affordable housing. In order to avoid unintended consequences that adversely affect tenants of affordable housing, your Committee respectfully requests that the Committee on Judiciary and Hawaiian Affairs, in its deliberations on this measure, further examine this issue.

Your Committee has amended this measure to make technical, nonsubstantive changes for purposes of clarity and 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. 2297, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2297, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

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

____________________________

RON MENOR, Chair