STAND. COM. REP. NO.  289

 

Honolulu, Hawaii

                , 2013

 

RE:   H.B. No. 1116

      H.D. 1

 

 

 

 

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Sir:

 

     Your Committee on Housing, to which was referred H.B. No. 1116 entitled:

 

"A BILL FOR AN ACT RELATING TO PUBLIC HOUSING,"

 

begs leave to report as follows:

 

     The purpose of this measure is to exempt the Hawaii Public Housing Authority (HPHA) from the requirement to follow administrative grievance procedures if federal law, rule, regulation, memorandum, contract, or other instrument of the federal government allows public housing agents to terminate tenancy or evict tenants from public housing without following administrative grievance procedures.

 

     HPHA supported this measure.  The American Civil Liberties Union of Hawaii and one individual opposed this measure.

 

     Your Committee has amended this measure by:

 

    (1)  Specifying that section 673-3, Hawaii Revised Statutes, relating to the exhaustion of administrative remedies, shall not apply to HPHA with respect to tenant termination and eviction when permitted by the federal government; and

 


     (2)  Specifying that judicial procedure shall substitute for and supercede administrative procedure in cases where HPHA is exempt from administrative procedure requirements.  

 

     As affirmed by the record of votes of the members of your Committee on Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1116, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1116, H.D. 1, and be referred to the Committee on Judiciary.

 

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

 

 

 

 

____________________________

RIDA T.R. CABANILLA, Chair