CONFERENCE COMMITTEE REP. NO. 39

Honolulu, Hawaii

, 2023

RE: S.B. No. 930

S.D. 1

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 930, S.D. 1, H.D. 2, entitled:

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

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Allow a landlord or landlord's agent to charge an application screening fee for certain applicants at the time a rental application is processed for a dwelling unit;

(2) Require the landlord or landlord's agent to return any unauthorized fee amounts to the applicant; and

(3) Beginning May 1, 2024, require the Office of Consumer Protection to produce and make available informational materials and publicize requirements regarding application fees and related rights and obligations.

Your Committee on Conference finds that existing law does not regulate the nature and amount of application fees that landlords may charge prospective tenants. The absence of such regulation has led to abuses by landlords who charge applicants more than the cost of an application screening fee. This measure will deter this deleterious conduct by directly addressing this inequity, while still enabling landlords and their agents to complete reference checks, tenant reports, and credit reports on applicants.

Your Committee on Conference has amended this measure by:

(1) Inserting language that requires the landlord or the landlord's agent, upon request by an applicant, to provide a receipt of payment and a breakdown of the costs associated with the application screening fee;

(2) Inserting an effective date of July 1, 2023; provided that section 1 of this measure shall take effect on May 1, 2024; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 930, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 930, S.D. 1, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ TROY N. HASHIMOTO Co-Chair	____________________________ JARRETT KEOHOKALOLE Chair
____________________________ JACKSON D. SAYAMA Co-Chair