STAND. COM. REP. NO. 3410

Honolulu, Hawaii

RE: H.B. No. 2357

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2357, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII PUBLIC HOUSING AUTHORITY,"

begs leave to report as follows:

The purpose and intent of this measure is to create an eviction process for the Hawaii Public Housing Authority's state low-income housing projects or programs and elder or elderly housing.

Your Committee received testimony in support of this measure from the Hawaii Public Housing Authority.

Your Committee finds that Act 114, Session Laws of Hawaii 2017 (Act 114), exempted state low-income housing directly controlled, owned, or managed by the Hawaii Public Housing Authority, including elder or elderly housing, from the requirements of the residential landlord-tenant code under chapter 521, Hawaii Revised Statutes. Act 114 laid the foundation for an administrative eviction process that could lessen the caseload of the Judiciary and the Department of the Attorney General while preserving the due process rights of tenants. This measure establishes the procedures for that administrative eviction process for tenants in state low-income and elderly housing projects that is substantially similar to the eviction process for tenants in federal low-income public housing.

Your Committee notes concern that, as this measure currently exists, the Hawaii Public Housing Authority could conceivably appoint an eviction board that consists of a single tenant who would then conduct a hearing to determine cause of action on another tenant's eviction. Your Committee encourages further discussion if this measure is examined by your Committee on Conference to foreclose the possibility of arbitrary results in eviction hearings.

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 H.B. No. 2357, H.D. 2, S.D. 1, and recommends that it pass Third Reading.

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

________________________________

BRIAN T. TANIGUCHI, Chair