STAND. COM. REP. NO. 898

Honolulu, Hawaii

, 2021

RE: H.B. No. 381

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 381, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FAIR HOUSING REASONABLE ACCOMMODATIONS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Codify the administrative definition of "assistance animal" for the purposes of real estate transactions;

(2) Clarify the type of verification an individual may provide to establish the need for an assistance animal; and

(3) Specify that the possession of a vest or other distinguishing animal garment, tag, or registration document commonly purchased online and purporting to identify an animal as a service animal or assistance animal does not constitute a valid verification of a disability-related need for an assistance animal.

Your Committee received testimony in support of this measure from the Hawai‘i Civil Rights Commission, Hawaii Disability Rights Center, Associa, Hawai‘i Association of REALTORS, and one individual. Your Committee received comments on this measure from the Disability and Communication Access Board and Community Associations Institute – Hawaii Legislative Action Committee.

Your Committee finds that a person with a disability that includes the use of an assistance animal should be provided equal opportunity to use and enjoy a housing accommodation. Your Committee finds that the requirements imposed by this measure strike an appropriate balance between the needs of both parties to the real estate transaction.

Your Committee has amended this measure by:

(1) Amending the types of verification that may be provided to establish the disability-related need for a specific assistance animal as a reasonable accommodation pursuant to guidance issued by the United States Department of Housing and Urban Development; and

(2) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 381, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 381, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair