STAND. COM. REP. NO. 872

Honolulu, Hawaii

, 2021

RE: H.B. No. 391

H.D. 3

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 391, H.D. 2, entitled:

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

begs leave to report as follows:

The purpose of this measure is to establish a process for the early termination of a rental agreement for certain active duty servicemembers who:

(1) Receive military orders to vacate civilian housing and move into on-post government quarters; provided that the orders are not the result of disciplinary action or a court order;

(2) Become eligible to live at on-post government quarters and failure to move into on-post government quarters will result in a forfeiture of the basic allowance for housing; or

(3) Die while serving on active duty.

Your Committee received testimony in support of this measure from six individuals. Your Committee received comments on this measure from the Hawai‘i Association of REALTORS and one individual.

Your Committee finds that a servicemember who becomes divorced, no longer has dependents, or does not have physical custody of children may lose their housing allowance. In such an event, the servicemember is required to move into barracks, regardless of any valid lease to which they are a party. This measure will help ensure that servicemembers will not be subjected to evictions or face financial hardship because of a loss of eligibility for a basic housing allowance and a need to terminate a residential lease for off-post housing; provided that a requirement to move into barracks is not the result of a disciplinary action or court order.

Your Committee has amended this measure by:

(1) Amending the conditions for early termination to more narrowly require that the servicemember tenant receive military orders requiring the servicemember tenant to vacate civilian housing and move into on post government quarters, and failure to move into on-post government quarters will result in a forfeiture of the servicemember tenant's basic allowance for housing; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 391, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 391, H.D. 3.

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

____________________________

MARK M. NAKASHIMA, Chair