|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2351 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to THE Hawaii Homes for Hawaii Families Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that the State of Hawaii is experiencing an
ongoing housing crisis characterized by rising home prices, limited inventory,
and declining rates of home ownership among local residents. Single-family homes, which have historically
served as the primary entry point to homeownership for Hawaii families, are
increasingly being removed from the owner-occupant market and converted into
long or short-term rental properties.
The legislature further finds that
owner-occupied housing is a cornerstone of stable, healthy neighborhoods. When homes are owned and occupied by the
people who live in them, communities benefit from greater residential
stability, stronger social ties, increased civic engagement, and improved
public safety. Owner-occupants are more
likely to maintain their properties, invest in their neighborhoods, participate
in schools and community organizations, and remain in their homes for longer
periods of time.
The legislature recognizes that the
concentration of single-family homes in the hands of large-scale owners, particularly
corporate entities and high-volume investors, can undermine neighborhood
stability. High levels of
non-owner-occupied housing are associated with increased tenant turnover,
reduced community cohesion, and diminished opportunities for local families to
purchase homes and build generational wealth.
The legislature further finds that
large-scale acquisition of single-family homes for rental purposes reduces the
supply of homes available to owner-occupants, contributes to upward pressure on
housing prices, and disadvantages local residents who seek to purchase homes
for their own use. These impacts are
particularly acute in Hawaii, where land is finite and housing scarcity is
severe.
The legislature acknowledges that
small-scale rental ownership can serve an important role in the housing market
but finds that unchecked accumulation of single-family homes by large owners
poses a significant threat to homeownership opportunities and neighborhood
stability. Reasonable limits on the
number of single-family homes that may be held as rental properties by large
owners are necessary to protect the long-term health of Hawaii’s communities.
Accordingly, the purpose of this Act, known
as the Hawaii Homes for Hawaii Families Act, is to preserve and expand
opportunities for owner-occupancy, promote stable and resilient neighborhoods,
prevent excessive consolidation of single-family homes into rental portfolios,
and ensure that Hawaii’s limited housing stock serves the needs of residents
who seek to live, work, and remain in their communities.
SECTION 2. Chapter 516, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§516- Single Family Home Rentals; Restrictions. (a) Beginning five years after the
effective date of this Act, the corporate owner of a single family home is
prohibited from renting the home out to a residential tenant when:
(1) The owner has a
property interest in five or more single-family non-owner-occupied properties
that have a current residential tenant, or are available for rent or have been
rented within the last twelve months by a residential tenant; and
(2) The owner is
not a named exception to this restriction under paragraph (c).
(b) The individual owner of a single-family home
is prohibited from renting the home to a residential tenant when the owner has
a property interest in seven or more single-family non-owner-occupied
properties that have a current residential tenant, or are available for rent or
have been rented within the last twelve months by a residential tenant and the
owner is not a named exception to this restriction under paragraph (c).
(c) The owner or corporate owner of a
single-family home is exempt from this section, if the owner is:
(1) A local, state,
or federal unit of government, including a state or federal agency;
(2) A land trust under
section 558;
(3) A charitable,
religious, or nonprofit organization;
(4) The owner of a
home licensed or regulated under chapter 346;
(5) An employer and
the home is a home rented by the employer to an employee;
(6) A corporation
primarily engaged in housing development through the construction and
rehabilitation of single-family residences; or
(7) A mortgage note
holder that owns the single-family residences through foreclosure.
(d) An owner or a corporate owner may apply for
an exemption from this section with the director of taxation. The director may issue an exemption if:
(1) The exemption
to the corporate owner would not have an impact upon the availability of
affordable housing; and
(2) The exemption
does not limit the supply of affordable, safe single-family homes available to
purchasers who plan to be owner-occupants.
The director shall have sixty days from the time
an application for exemption is filed to determine if the exemption shall be
granted. The corporate owner may make a
request for reconsideration if the application has been denied and the director
or their designee must meet with the corporate owner within ten days of the
request for reconsideration and make a determination on that request within twenty
days of the request. The department of
taxation may charge a reasonable fee to process applications for exemptions and
renewals of exemptions under this section. Each corporate owner that is issued an
exemption under this section shall file an annual request to continue the
exemption. The agency shall grant the
request if the applicant continues to meet the criteria. If a corporate owner fails to meet the
criteria, the director shall withdraw the exemption, and the corporate owner is
subject to enforcement proceedings under this section. In making determinations, the director shall
consider available records for licensure under chapter 237.
(e) The director shall submit a report with a
list of each corporate owner that is issued an exemption under this section to
the legislature no later than twenty days prior to the convening of each
regular session.
(f) If the attorney general or a local government
has reason to believe that a corporate owner has violated this section, or has
taken substantial steps to purchase real property with the intent to rent that
property in violation of this section, then the attorney general shall commence
an action in the district court in which any real property related to the
violation is situated.
(g) Beginning five years after the effective date
of this Act, an owner or corporate owner that rents a single-family home in
excess of the ownership limits established under this section shall be subject
to a civil penalty to be assessed as follows:
(1) One per cent of
the property's assessed value for the first year of noncompliance;
(2) Two per cent of
the property's assessed value for the second year of noncompliance;
(3) Three per cent
of the property's assessed value for the third year of noncompliance; and
(4) Each
single-family home in excess of the ownership limits established under this
section shall be considered a separate violation.
Provided that, no civil penalty
shall be imposed unless the owner has received written notice of noncompliance
and has been provided not less than twelve months to cure the violation.
(h) The civil penalty imposed under this section
shall not be considered an operating expense and shall not be passed through to
a tenant, whether directly or indirectly, including through rent increases,
fees, or other charges.
(1) Any rent
increase imposed within twelve months following the imposition off a surcharge
under this subsection shall be presumed to be an unlawful pass-through unless
the owner demonstrates by clear and convincing evidence that the increase was
unrelated to the civil penalty.
(i) Nothing in this section shall be construed to
require the sale of property at below-market value or to prohibit
owner-occupancy of a single-family home.
(j) Revenues collected pursuant to this
subsection shall be deposited into the affordable homeownership revolving fund.
(k) The attorney general, shall adopt rules
pursuant to chapter 91 to administer and enforce this section.
For the purposes of this section:
"Charitable, religious, or
nonprofit organization" means any organization which was organized and is
operating in the State for charitable or religious purposes or to promote
social welfare, which is exempt from income taxation under chapter 235.
"Corporate owner" means
any person, partnership, company, corporation, or organization. Corporate owner does not include an individual
who is a natural person, a married couple, or a trust for the benefit of a
natural person, married couple, or a trust where the majority of the
beneficiaries are related by law.
"Property interest"
means any legal, equitable, or beneficial ownership interest, whether held
directly or indirectly, including through partnership, limited liability
company, trust, or other entity under common ownership or control.
"Residential tenant" means
a person who is occupying a dwelling in a residential building under a lease or
contract, whether oral or written, that requires the payment of money or
exchange of services, or all other regular occupants of that dwelling unit.
"Single-family home" is
a single home including a unit of a condominium as defined by section 514B-3."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2026.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Corporate Ownership; Housing Stock; Restrictions; Homeownership
Description:
Prohibits corporate owners from renting a single-family home to a residential tenant when the owner has a property interest in five or more such properties. Prohibits individual owners from renting a single-family home to a residential tenant when the owner has a property interest in seven or more such properties. Allows for exemptions and enforcement.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.