STAND. COM. REP. NO. 1914-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 2002

S.D. 2

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2002, S.D. 2, 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) Define "assistance animal" in the context of existing state law that prohibits discrimination in real property transactions;

(2) Codify the administrative process that allows an owner or other person engaging in a real estate transaction to request that a person claiming a disability provide verification to establish the disability-related need for a specific assistance animal as a reasonable accommodation; and

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

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

Your Committee finds that persons with disabilities who request reasonable accommodations, including the use of an assistance animal, should be provided equal opportunity to use and enjoy housing accommodations. Your Committee finds that the requirements imposed by this measure strike an appropriate balance between the needs of both parties to a real estate transaction.

Your Committee has amended this measure by 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 S.B. No. 2002, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2002, S.D. 2, H.D. 2.

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

____________________________

MARK M. NAKASHIMA, Chair