STAND. COM. REP. NO. 68

Honolulu, Hawaii

, 2005

RE: H.B. No. 105

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 105 entitled:

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

begs leave to report as follows:

The purpose of this bill is to make rental units drug-free, by:

(1) Prohibiting tenants and their guests from possessing drugs in or near the tenant's unit; and

(2) Authorizing landlords to bring a summary proceeding for possession of the unit upon violation of the prohibition.

Testimony in support of this bill was received from the Office

of the Maui County Mayor and the Hawaii Association of Realtors. The Honolulu Prosecuting Attorney and a concerned individual testified in support of the intent of the bill. The Legal Aid Society opposed the bill.

Your Committee finds that drug abuse and related activities conducted by a tenant or the tenant's guests threatens the safety and welfare of other tenants, and should be prohibited. Your Committee further finds that the law should support the efforts of landlords to evict tenants who illegally possess, use, or sell drugs on the rental property.

Your Committee recognizes that this measure may be difficult to implement and enforce, but feels that the Committee on Judiciary would be in a better position to address enforcement issues. Accordingly, your Committee respectfully requests that the Committee on Judiciary look more closely into these matters.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 105 and recommends that it be referred to the Committee on Judiciary.

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

 

____________________________

KENNETH HIRAKI, Chair