Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2704, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to modify the administrative eviction process for public housing tenants.

The Housing and Community Development Corporation of Hawaii (HCDCH) testified in support of this measure. The Interim Residents Advisory Board and an individual opposed the measure.

Under current eviction procedures for public housing tenants, up to a year and a half can elapse between the time a notice of eviction is given to a tenant and the tenant is actually evicted. During this period, rents continue to accrue, and currently the HCDCH's tenant accounts receivable is approximately $1.2 million.

This measure proposes to modify the eviction process by requiring a meeting between the HCDCH and a tenant no earlier than fourteen days after the eviction notice has been given. This meeting would provide the tenant with an opportunity to address the alleged lease violation early in the eviction process and to try to remedy the situation. If these efforts are unsuccessful, the tenant would retain the rights to a grievance hearing and eviction hearing. However, under this measure, the right to administratively appeal the eviction would be eliminated. The tenant would continue to have the right to appeal the eviction to State Circuit Court. Your Committee finds that this measure will enable the HCDCH to deal with lease violations in a more prompt and efficient manner, without denying tenants due process.

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. 2704, S.D. 1, and recommends that it pass Third Reading.