STAND

STAND. COM. REP. 2948

Honolulu, Hawaii

, 2004

RE: H.B. No. 1818

H.D. 1

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 1818, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE LANDLORD TENANT CODE,"

begs leave to report as follows:

The purpose of this measure is to prohibit tenants and their guests from engaging in illegal drug activity and to facilitate the eviction of tenants who violate this prohibition.

The Hawaii Association of REALTORS testified in support of this measure and an individual offered comments.

This measure prohibits tenants from possessing, or from allowing their guests or visitors to possess, dangerous, harmful, or detrimental drugs. This measure also allows a landlord to bring summary eviction proceedings against a tenant who violates this prohibition without first providing an opportunity to cure the violation. Your Committee finds that this measure will better enable landlords to safeguard their property and the health and safety of other tenants by allowing for the immediate removal of tenants engaged in illegal drug activity.

Your Committee has amended this measure:

(1) To extend the prohibition against possession of illegal drugs in the dwelling unit to the common areas of an apartment building and to the lot boundaries of a single-family residence;

(2) To permit a landlord to admit as evidence in a summary eviction proceeding law enforcement notices or reports of illegal drug possession on the landlord's property, subject to the evidence laws; and

(3) By making a technical, nonsubstantive amendment to reflect preferred drafting style.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1818, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1818, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,

		____________________________ RON MENOR, Chair