STAND. COM. REP. NO. 72-24

Honolulu, Hawaii

, 2024

RE: H.B. No. 2642

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Housing, to which was referred H.B. No. 2642 entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Modify the notice requirements when terminating a rental agreement on or after November 1, 2024;

(2) Require landlords to engage in mediation and delay filing an action for summary possession if a tenant schedules or attempts to schedule mediation;

(3) Require landlords to provide specific information to tenants; and

(4) Appropriate funds for the Judiciary to contract for mediation services.

Your Committee received testimony in support of this measure from the Hawaiʻi State Judiciary Center for Alternative Dispute Resolution; Department of Human Services; Office of Housing and Community Development of the County of Hawai‘i; Office of Economic Revitalization of the City and County of Honolulu; The Mediation Center of the Pacific, Inc.; Palehua Townhouse Association; Hawaii Appleseed Center for Law and Economic Justice; Hawai‘i Housing Affordability Coalition; Catholic Charities Hawai‘i; Kuʻikahi Mediation Center; Hawai‘i State Coalition Against Domestic Violence; Hawai‘i Children's Action Networks Speaks!; and seven individuals. Your Committee received comments on this measure from the Hawai‘i Association of REALTORS.

Your Committee finds that many people in the State continue to face challenges paying their rent due to the ever-increasing costs of housing. In an effort to reduce evictions and facilitate mediation, the Legislature enacted Act 57, Session Laws of Hawaii 2021 (Act 57), which modified notice requirements for residential summary possession proceedings, mandated pre-filing mediation, and made funding available for pre-filing mediation services and rent relief. Your Committee believes that Act 57 was successful in avoiding evictions, thereby keeping people in homes and ensuring landlords receive their rent payments. Despite its success, Act 57 ended on August 6, 2022. Your Committee believes the success of Act 57 merits the continuation of a similar eviction mediation program.

Your Committee has amended this measure by:

(1) Specifying that if either the tenant or landlord schedules mediation, both parties shall participate;

(2) Changing the effective date to July 1, 3000, to encourage further discussion; and

(3) 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 Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2642, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2642, 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,

____________________________

LUKE A. EVSLIN, Chair