Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 331, S.D. 2, entitled:

begs leave to report as follows:

The purpose of this measure is to eliminate administrative procedures for the eviction of public housing tenants in serious or repeated violation of their rental agreements, and to require that these tenants be evicted through the judicial process.

Your Committee received testimony in support of this measure from the Housing and Community Development Corporation of Hawaii (Corporation). Testimony in opposition was received from the Women's Legislative Caucus (Caucus). The Judiciary submitted comments on the measure.

Your Committee finds that the process involved in evicting tenants from public housing is often slow and protracted, and can take as long as eighteen months from the time the tenant receives the eviction notice to the conclusion of a judicial appeal. This protracted process hurts not only the State, which incurs revenue losses when tenants involved in eviction procedures stop paying rent, but also the more than fourteen thousand families on the waiting list for public housing.

Your Committee recognizes the need for more efficient and timely procedures for the eviction of public housing tenants who commit serious violations of their rental agreement. However, your Committee also notes that eviction from housing has serious consequences, especially for public housing tenants who risk losing their rights to rental subsidies, and who are at greater risk of homelessness than private housing tenants who are evicted.

Given the serious consequences of homelessness, your Committee is concerned that public housing tenants continue to have meaningful opportunities to defend themselves against an eviction.

Testimony on this measure indicated that the Corporation and the Caucus are continuing to dialogue on this measure to reach an agreement on procedures for eviction. It is the impression of your Committee that both parties are willing to endeavor to reach a consensus that balances the equities. For this reason, your Committee has not amended this measure as requested by both the Corporation and the Caucus. The proposed amendments appear to be diametrically opposed, and your Committee would prefer the parties to work out their differences rather than acting as arbiter. The effective date of July 1, 2050 has been retained for now in the interests of further discussion on this measure.

As affirmed by the record of votes of the members of your Committee on Judiciary 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 Third Reading.