STAND. COM. REP. NO. 1130-24

Honolulu, Hawaii

, 2024

RE: S.B. No. 2132

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. 2132, S.D. 1, 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:

(1) Amend the deadlines related to the repair of conditions that constitute health or safety violations and the payment of past due rent; and

(2) Increase the amount that may be deducted from a tenant's rent for the tenant's actual expenditures to correct health or safety violations and defective conditions.

Your Committee received testimony in support of this measure from Hawaiʻi Children's Action Network Speaks!; Hawaiʻi Workers Center; and two individuals. Your Committee received testimony in opposition to this measure from two individuals. Your Committee received comments on this measure from the Hawaiʻi Association of REALTORS.

Your Committee finds that the existing Residential Landlord-Tenant Code does not provide sufficient protections for tenants facing urgent repairs in their rented accommodations. This measure, by increasing the amount that may be withheld from the tenant's rent for actual expenditures, will encourage prompt maintenance and safeguard the well-being of tenants and habitability of rental units.

Your Committee has amended this measure by:

(1) Changing the deadline related to the repair of conditions that constitute health or safety violations from ten calendar days to seven calendar days;

(2) Deleting language that amended the deadline for a tenant to pay past due rent to be no less than ten calendar days after a notice;

(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. 2132, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2132, 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