STAND. COM. REP. NO. 251

Honolulu, Hawaii

, 2025

RE: H.B. No. 224

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 224 entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY RIGHTS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish a procedure for the immediate removal of an unlawful occupant of a dwelling or premises with assistance from law enforcement;

(2) Specify that unlawful occupants of dwellings or premises are liable for damages to the dwellings or premises; and

(3) Including under the offense of criminal property damage in the second degree the intentional or knowing damage to a dwelling or property therein in excess of $999 from an unlawful trespasser.

Your Committee received testimony in support of this measure from the Grassroot Institute of Hawaii; Hawaiʻi Association of REALTORS; and four individuals. Your Committee received testimony in opposition to this measure from the Department of the Attorney General; Office of the Public Defender; Honolulu Police Department; and one individual.

Your Committee finds that squatting occurs when an unlawful occupant resides in an abandoned, vacant, or unoccupied property. During this time, squatters can cause significant property damage or engage in activities that pose safety risks to property owners, real estate professionals, and the surrounding community. In some cases, squatters have even presented fraudulent rental agreements, forcing property owners and real estate professionals into a lengthy and costly eviction process. This measure establishes a procedure for the timely removal of an unlawful occupant.

Your Committee has amended this measure by:

(1) Deleting the condition that there be no pending or ongoing litigation related to the dwelling or premises between the owner and any known unauthorized person, for the removal of the unauthorized person;

(2) Specifying that the submission of a fraudulent complaint or knowing inclusion of false information in a complaint resulting in the removal of a rightful occupant is the offense of instigation of wrongful removal, which is a misdemeanor, rather than specifying that those actions are the offense of perjury;

(3) Changing the effective date to July 1, 3000, 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 Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 224, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 224, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

SCOT Z. MATAYOSHI, Chair