CCR218

CONFERENCE COMMITTEE REP. NO. 218

Honolulu, Hawaii

, 2025

RE: S.B. No. 825

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 825, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO EVICTION MEDIATION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Establish a two-year pilot program beginning on February 5, 2026, that:

(A) Extends the period for a notice of termination of a rental agreement from five business days to ten calendar days;

(B) Requires landlords, or their agents, and tenants to engage in mediation and requires landlords or their agents to delay filing an action for summary possession if a tenant schedules mediation;

(D) Requires mediation to take place within thirty days from the date that a mediation center makes contact with both the landlord, or the landlord's agent, and tenant;

(2) Require the Judiciary to submit a report to the Legislature; and

(3) Appropriate funds for the Judiciary to contract for mediation services.

Your Committee on Conference finds that Act 57, Session Laws of Hawaii 2021 (Act 57), established a temporary Pre-Litigation Mediation Program to address the potential high volume of evictions as a result of the COVID-19 pandemic. Among other things, Act 57 modified the notice requirements for residential summary possession cases, mandated pre-filing mediation between landlords and tenants, and provided funds for mediation services and rent relief. Through the program, mediation assisted many low-income renters to avoid eviction and allowed negotiated move-outs that avoided further judicial proceedings and ensured that landlords would receive their payments. The program successfully mediated agreements for eighty‑five percent of disputes, allowing tenants to remain in their homes and providing stability to their housing situation. Your Committee further finds that mediation has shown to be an effective tool in resolving eviction disputes amicably between landlords and tenants. This measure incorporates the most effective provisions of Act 57 to promote housing stability and prevent evictions.

Your Committee on Conference has amended this measure by:

(1) Inserting an appropriation amount of $1,250,000 for each year of the fiscal biennium the Judiciary to contract for mediation services;

(2) Changing its effective date to July 1, 2025; and

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

Your Committee on Conference further notes that while this is a temporary pilot program, this measure also requires the Judiciary to submit a report to the Legislature prior to its termination to make recommendations as to whether it should be made permanent. Your Committee on Conference requests that the report include the following:

(1) Total number of mediations requested under this measure;

(2) Total number of mediations that resulted in a payment plan between the landlord and tenant;

(3) Total number of successful payment plans where both landlord and tenant met the terms of the agreement;

(4) Total number of mediations that resulted in judgments for summary possession;

(5) Total number of payment plans that resulted in judgments for summary possession;

(6) Average number of days from initial request of mediation to date that mediation occurs;

(7) Total cost of process to each individual landlord and tenant if mediation is scheduled;

(8) Average cost of each mediation; and

(9) Total cost of the pilot project to the State of Hawaii.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 825, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 825, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ SCOT Z. MATAYOSHI Co-Chair		____________________________ JARRETT KEOHOKALOLE Chair
____________________________ MAHINA POEPOE Co-Chair		____________________________ TROY N. HASHIMOTO Co-Chair
____________________________ JENNA TAKENOUCHI Co-Chair		____________________________ KARL RHOADS Co-Chair