STAND. COM. REP. NO. 1187-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 1990

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1990, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to:

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

(2) Permit a county planning or permitting agency or the Attorney General to commence foreclosure proceedings if the owner fails to satisfy certain condition.

Your Committee received testimony in support of this measure from one individual. Your Committee received testimony in opposition to this measure from Grassroot Institute of Hawaii and two individuals. Your Committee received comments on this measure from the Department of the Attorney General and Hawaiʻi Association of REALTORS.

Your Committee finds that unaddressed zoning violations undermine community safety, contribute to nuisance conditions, and place burdens on county enforcement systems. Your Committee further finds that existing processes for addressing violations can be too slow or ineffective when property owners refuse to remedy conditions, leading to prolonged risks to neighborhood health, safety, and land use integrity. Your Committee believes that creating a clear framework of escalating penalties, liens, and potential foreclosure provides counties with the necessary enforcement tools to ensure timely compliance and protect community welfare.

Your Committee has amended this measure by:

(1) Clarifying that the penalties apply to residential real property, rather than real property generally;

(2) Clarifying the timeframe in which the notice of violation constitutes a lien;

(3) Requiring county planning or permitting agencies to record notices of violations with the Bureau of Conveyances, which shall refer the matter to the applicable county corporation counsel for foreclosure, rather than requiring county planning or permitting agencies or the Attorney General to commence foreclosure proceedings; 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1990, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1990, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair