STAND. COM. REP. NO. 2478

Honolulu, Hawaii

RE:    S.B. No. 2842

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2842 entitled:

"A BILL FOR AN ACT RELATING TO CIVIL ACTIONS FOR DISCRIMINATORY PRACTICES IN REAL PROPERTY TRANSACTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to make the law relating to the filing of civil actions in housing discrimination cases consistent with the federal laws under the Fair Housing Act.  Specifically, this measure:

     (1)  Allows an aggrieved person to file a civil action in an appropriate court no later than two years after the occurrence or termination of an alleged discriminatory housing practice; and

     (2)  Directs the Hawaii Civil Rights Commission to issue a right to sue on a complaint filed with the Commission if it determines that a civil action alleging similar facts has also been filed.

     Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations, the Hawaii Civil Rights Commission, and one private individual.  One private individual submitted comments.

     Your Committee finds that existing law allows an aggrieved person to file a civil action after filing an administrative complaint with the Hawaii Civil Rights Commission and obtaining a right to sue, which does not comport with the enforcement provisions under the federal Fair Housing Act.  Instead, federal law provides the aggrieved person an option to file a civil action without first filing an administrative complaint.

     Your Committee notes that in May 2010, the Hawaii Civil Rights Commission received a notice from the Director of the Fair Housing Assistance Program Division of the United States Department of Housing and Urban Development, directing the Commission to seek an amendment to Hawaii's laws to make it substantially equivalent to the federal Fair Housing Act by providing for civil enforcement by an aggrieved person through the commencement of a court action without exhaustion of administrative remedies.  This measure satisfies the federal law requirement of substantial equivalency, as required for continued receipt of federal funds.  The United States Department of Housing and Urban Development reviewed and approved the language in this measure.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to ensure further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2842, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2842, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair