STAND.
COM. REP. NO. 1160-22
Honolulu, Hawaii
, 2022
RE: S.B. No. 206
S.D. 2
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2022
State of Hawaii
Sir:
Your Committee on Housing, to which was referred S.B. No. 206, S.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO RENTAL DISCRIMINATION,"
begs leave to report as follows:
The purpose of this measure is to prohibit discrimination in real estate advertisements and transactions based on participation in a housing assistance program or requirements related to participation in housing assistance programs.
Your Committee received testimony in support of this measure from the Governor's Coordinator on Homelessness, Department of Human Services, Hawaii Public Housing Authority, Hawai‘i Civil Rights Commission, State Council on Developmental Disabilities, Hawai‘i State Commission on the Status of Women, HOPE Services Hawaii, Ko‘olaupoko Hawaiian Civic Club, Hawai‘i State Coalition Against Domestic Violence, Hawaii Children's Action Network Speaks!, Catholic Charities Hawai‘i, Partners In Care, St. Michael the Archangel Church, American Civil Liberties Union of Hawai‘i, Planning for Community LLC, Family Promise of Hawaii, AF3IRM Hawai‘i, Hawai‘i Appleseed Center for Law & Economic Justice, Hawai‘i Health & Harm Reduction Center, Stonewall Caucus of the Democratic Party of Hawai‘i, and nine individuals. Your Committee received testimony in opposition to this measure from the Hawai‘i Association of REALTORS and one individual.
Your Committee finds that the
federal Fair Housing Act does not prohibit source of income discrimination;
however, in recent years several states and Washington, D.C., have enacted laws
that prohibit discrimination in housing based on lawful sources of income,
including housing vouchers as a source of income. Additionally, source of income laws do not
alter or restrict standard industry practices to vet prospective renters. Your Committee further finds that studies
have shown that when there are laws to prevent discrimination against renters
with housing vouchers, such renters are twelve percent more likely to find
housing. In December 2021, the Hawaii Interagency
Council on Homelessness prioritized addressing upfront barriers to accessing
housing, such as source of income discrimination in rental housing, as a key
priority for this legislative session.
Your Committee has amended this measure by:
(2) Deleting the requirement that the Executive Director of the Hawaii Civil Rights Commission produce and publicize materials related to source of income discrimination in housing;
(3) Narrowing the scope of rental discrimination based on source of income in the measure;
(4) Establishing exemptions and amending the available remedies related to discriminatory practices in a rental transaction based on source of income;
(5) Changing the effective date to July 1, 2050, to encourage further discussion; and
(6) 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 Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 206, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 206, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.
Respectfully submitted on behalf of the members of the Committee on Housing,
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____________________________ NADINE K. NAKAMURA, Chair |
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