STAND. COM. REP. NO. 1232-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 2834

S.D. 1

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 Consumer Protection & Commerce, to which was referred S.B. No. 2834, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to establish a process for a landlord to dispose of a deceased tenant's personal property and take possession of the dwelling unit following the death of the tenant.

Your Committee received testimony in support of this measure from one individual. Your Committee received comments on this measure from the Hawaiʻi Association of REALTORS.

Your Committee finds that, under existing law, there is no explicit guidance for a landlord to take possession of a dwelling unit in the event of a tenant's death. As a result, the death of a tenant can delay returning the dwelling unit to the landlord for a significant amount of time. This measure provides proper guidance for the surrender of the dwelling unit to the landlord and the disposal of the deceased tenant's personal property following the tenant's death.

Your Committee has amended this measure by:

(1) Allowing a family member who comes forward to be considered the representative for purposes of commencing the process for disposing of the deceased tenant's personal property;

(2) Clarifying that the time periods specified in this measure are computed in calendar days;

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

(4) 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 Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2834, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2834, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

MARK M. NAKASHIMA, Chair