STAND. COM. REP. NO.1017
Honolulu, Hawaii
, 2001
RE: S.B. No. 331
S.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Human Services and Housing, to which was referred S.B. No. 331, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO HOUSING,"
begs leave to report as follows:
The purpose of this bill is to simplify the public housing eviction process by:
(1) Requiring that tenants be evicted through the judicial process; and
(2) Eliminating the termination hearing and administrative appeal process.
Your Committee received testimony from the Housing and Community Development Corporation of Hawaii (HCDCH), Legal Aid Society, the Judiciary, and concerned individuals.
HCDCH recommended amending the bill to strike a balance between the need to address HCDCH's mounting delinquencies from a protracted administrative hearing process and the tenant's need for an accessible due process.
Your Committee finds it necessary to make changes to the public housing eviction process because of pressure on HCDCH from the U.S. Department of Housing and Urban Development (HUD). HUD attributes HCDCH's increasing delinquency amount to the untimeliness of the current eviction process. HUD requires HCDCH to show progress towards a solution to this problem within the next several months.
Your Committee would like to emphasize that while it supports assisting HCDCH to be compliant with HUD requirements, the rights of the tenants should not be neglected. Careful consideration should be taken in changing the policy, as these changes may cause an increase in homelessness should it result in more evictions. Those who are evicted often resort to living with families whose homes are already overcrowded, or living on the beach.
There is concern among tenants and other interested parties that the eviction process is being abused. Your Committee reminded all involved parties that the eviction process is reserved for those who are in severe violation of housing rules or are delinquent in payments. One testifier noted that people are evicted for an easily remedied violation, such as having a pet.
Your Committee has considered all of the concerns and proposed amendments and has amended this bill by deleting its substance and inserting provisions:
(1) Defining the term "tenant";
(2) Making amendments to the current hearing process instead of repealing it by:
(a) Requiring written notice to the tenant, licensee, or other occupant of the right to inspect and copy the tenant's file; and
(b) Requiring that the hearing be conducted by an eviction board, of which one member shall be a tenant;
(3) Making amendments to the current eviction process to:
(a) Require HCDCH to provide the tenant with a written notice of lease termination; and
(b) Allow a ten-day period to remedy the grounds of eviction, if they are considered curable;
(4) Provide for service to HCDCH by special order if the tenant or licensee cannot be served with an order of eviction or writ of possession; and
(5) Repeal the provisions allowing for an appeal process.
As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 331, S.D. 2, and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Human Services and Housing,
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____________________________ MICHAEL P. KAHIKINA, Chair |
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