STAND. COM. REP. NO. 881-18

Honolulu, Hawaii

, 2018

RE: H.B. No. 1879

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 1879 entitled:

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

begs leave to report as follows:

The purpose of this measure is to provide protections to prospective renters by placing a maximum a landlord may charge for an application screening fee and allowing the applicant the right to review the credit report if the applicant paid the screening fee.

The Office of Consumer Protection of the Department of Commerce and Consumer Affairs, Hawai‘i Association of REALTORS, and Legal Aid Society of Hawai‘i testified in support of this measure. The Governor's Coordinator on Homelessness and one individual provided comments.

Your Committee has amended this measure by:

(1) Clarifying that the landlord or landlord's agent shall not charge an application screening fee if the landlord or agent knows that the rental unit will not become available within the time stated in an advertisement or in a written notice provided to the applicant;

(2) Narrowing the definition of an "applicant" to any person who makes a request to rent a dwelling with the intention of signing a rental agreement; and

(3) Changing its effective date to July 1, 2050, to promote further discussion.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1879, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1879, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

ROY M. TAKUMI, Chair