STAND. COM. REP. NO. 65

Honolulu, Hawaii

, 2021

RE: H.B. No. 391

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Corrections, Military, & Veterans, to which was referred H.B. No. 391 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 establish a process for the early termination of a rental agreement for certain active duty servicemembers who:

(1) Receive military orders to vacate civilian housing and move into on-post government quarters;

(2) Become eligible to live in on-post government quarters and failure to move into on-post government quarters will result in a forfeiture of the basic allowance for housing; or

(3) Die while serving on active duty.

Your Committee received testimony in support of this measure from the Chamber of Commerce Hawaii and four individuals. Your Committee received comments on this measure from one individual.

Your Committee finds that servicemembers can lose their housing allowance when they get divorced, no longer have dependents, or do not have physical custody of children. In this event, servicemembers will be required to move into barracks regardless of any valid lease to which they are a party. Your Committee further finds that this measure will help to ensure that servicemembers will not have to face evictions or serious financial hardship if they are no longer eligible for a basic housing allowance and need to terminate a residential lease for off-post housing.

Your Committee has amended this measure by:

(1) Making conforming amendments to allow the protections to apply equally to the terminating servicemember tenant and the terminating servicemember tenant's family member, as applicable;

(2) Adjusting the definition of "servicemember tenant" to clarify that the member is a party to a rental agreement;

(3) Changing the effective date to July 1, 3050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Corrections, Military, & Veterans that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 391, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 391, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Corrections, Military, & Veterans,

____________________________

TAKASHI OHNO, Chair