STAND. COM. REP. NO. 165

Honolulu, Hawaii

, 2019

RE: H.B. No. 1244

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Housing, to which was referred H.B. No. 1244 entitled:

"A BILL FOR AN ACT RELATING TO RENTAL DISCRIMINATION,"

begs leave to report as follows:

The purpose of this measure is to prohibit discrimination in rental transactions and requirements, including in the advertisements for available rental units, based on a prospective tenant's receipt of income from a housing assistance program or the requirements related to a prospective tenant's participation in a housing assistance program.

The Hawaii Public Housing Authority, LGBT Caucus of the Democratic Party of Hawaii, and an individual submitted testimony in support of this measure. The Hawai‘i Association of REALTORS submitted testimony in opposition to this measure. The Governor's Coordinator on Homelessness and Hawai‘i Civil Rights Commission offered comments on this measure.

The Hawaii Civil Rights Commission (HCRC) noted in its testimony that there is some correlation between the groups of people who receive protection under federal and state fair housing law and those who receive rental assistance and other sources of income from government programs. The HCRC also noted that the new protection provided in this measure will have an unknown effect on the HCRC complaint caseload.

The Hawai‘i Association of REALTORS also testified that the Section 8 process may be too complex, expensive, and time-consuming for the average landlord, and that a landlord could become subject to a fair housing complaint by choosing not to participate in government housing assistance programs.

Your Committee has amended this measure by:

(1) Changing its effective date to January 1, 2050, to promote further discussion; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

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. 1244, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1244, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

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

____________________________

TOM BROWER, Chair