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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2227 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to eviction records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that evictions are costly and disruptive for landlords and residential tenants and may also have severe and long‑lasting impacts on residential tenants. Once evicted, tenants are often required to secure a new residence, incur moving expenses, experience damage to their credit scores, and bear other financial burdens, including rental application fees and security deposits, as well as costs incurred by landlords during the eviction process.
The legislature further finds that the mere filing of an eviction action against a residential tenant, regardless of merit, can create a long-term barrier to access to housing. Eviction records are created at the time a landlord files a complaint with the court, and even when a landlord does not prevail or withdraws the action, the eviction filing remains publicly accessible. Companies engaged in tenant screening collect and sell this information, and landlords often rely on these records when evaluating rental applicants, typically without regard to the outcome of the case. As a result, residential tenants may face housing denials based solely on the filing of an eviction action, which can also be used as leverage to pressure tenants to vacate a dwelling even when they have legitimate defenses or disputes.
The purpose of this Act is to reduce unnecessary and harmful barriers to housing stability by limiting public access to summary possession court records unless and until a writ of possession is issued.
SECTION 2. Section 604-6, Hawaii Revised Statutes, is amended to read as follows:
"§604-6 Ejectment proceedings. (a) Nothing in section 604-5 shall preclude a district court from taking jurisdiction in ejectment proceedings where the title to real estate does not come in question at the trial of the action.
(b) If the defendant is defaulted or if on the trial it is proved that the plaintiff is entitled to the possession of the premises, the court shall give judgment for the plaintiff and shall issue a writ of possession. The rules of court shall govern the stay of a writ of possession.
(c) Beginning ,
from the commencement of a summary possession proceeding until such time as a
writ of possession is issued, the court shall not make available on the
judiciary's publicly accessible electronic databases any judiciary files or
other information pertaining to the action.
If a writ of possession is issued in the action, the court shall make available on the judiciary's publicly accessible electronic databases its files and other information pertaining to the summary possession proceeding."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Judiciary; Summary Possession Proceedings; Eviction Records; Public Access
Description:
Limits public access to summary possession records on the Judiciary's publicly accessible electronic databases unless and until a writ of possession is issued.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.