STAND. COM. REP. NO. 3803

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 1990

       H.D. 2

       S.D. 2

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committees on Judiciary and Ways and Means, to which was referred H.B. No. 1990, H.D. 2, S.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO RESIDENTIAL REAL PROPERTY,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Establish penalties, including fines and liens, for the failure of an owner of residential real property to remediate zoning violations;

 

     (2)  Require, under certain conditions, county planning or permitting agencies to record the notice of violation as a lien on the property with the Bureau of Conveyances; and

 

     (3)  Require referral to the applicable county corporation counsel for foreclosure, subject to certain conditions, if the owner fails to satisfy certain conditions.

 

     Your Committees received testimony in support of this measure from one individual.

 

     Your Committees received testimony in opposition to this measure from the Libertarian Party of Hawaii, Hawaiʻi Association of REALTORS, and six individuals.

 

     Your Committees received comments on this measure from the Department of Land and Natural Resources and Grassroot Institute of Hawaii.

 

     Your Committees find that occasionally, the owners of residential real property fail to comply with the zoning ordinances, rules, or regulations of the county in which their property is located.  Harsher enforcement is necessary as existing law fails to effectively enforce compliance and penalize violations.  This measure will impose more severe penalties for these violations to ensure compliance with zoning regulations in residential zones.

 

     Your Committees have amended this measure by inserting language allowing an affected residential real property owner to appeal to the applicable district or circuit court, and requiring the court to hold a de novo review of the notice of violation and penalties or fines assessed for alleged unaddressed residential real property zoning violations, including foreclosure.

 

     As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1990, H.D. 2, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 1990, H.D. 2, S.D. 2.

 

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

 

________________________________

DONOVAN M. DELA CRUZ, Chair

 

________________________________

KARL RHOADS, Chair