STAND. COM. REP. NO. 3^^
Honolulu, Hawaii
APR 0 3 2024
RE: S.R. No. 157
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committee on Commerce and Consumer Protection, to which
was referred S.R. No. 157 entitled:
"SENATE RESOLUTION URGING THE DEPARTMENT OF COMMERCE AND
CONSUMER AFFAIRS AND MAUI COUNTY TO INVESTIGATE AND ENFORCE
APPLICABLE LAWS AGAINST LANDLORDS WHO ARE ENDING RENTAL
AGREEMENTS TO HOUSE FEMA-ELIGIBLE HOUSEHOLDS THROUGH THE
DIRECT LEASE PROGRAM OR THE DEPARTMENT OF HUMTKN SERVICES
RENTAL ASSISTANCE PROGRAM,"
begs leave to report as follows:
The purpose and intent of this measure is to urge the
Department of Commerce and Consumer Affairs and the County of Maui
to investigate and enforce applicable laws against landlords who
are ending rental agreements to house FEMA-eligible households
through the Direct Lease Program or the Department of Human
Services Rental Assistance Program.
Your Committee received testimony in support of this measure
from Kaibigan ng Lahaina.
Your Committee received comments on this measure from the
Office of Consumer Protection of the Department of Commerce and
Consumer Affairs.
Your Committee finds that the Federal Emergency Management
Agency (FEMA) and the State have been providing short-term housing
2024-2322 SR SSCR SMA-l.docx
STAND. COM. REP. NO.
Page 2
for households that were displaced by the August 2023 Maui
wildfire through FEMA's Direct Lease Program and the Department of
Human Services' Rental Assistance Program (RAP). Your Committee
further finds that because these programs pay above-market rates,
it has been reported that some landlords on Maui have been
refusing to renew lease agreements with existing tenants to rent
the properties to FEMA- or RAP-eligible households in favor of
higher rents. Your Committee finds that these incidents are not
only unfair and unethical, but may also violate the moratorium on
evictions established by the Governor's emergency proclamations.
Therefore, this measure urges the Department of Commerce and
Consumer Affairs and the County of Maui to address these illegal
practices and ensure the stability of housing for residents in
Lahaina.
Notwithstanding, your Committee notes the concerns raised by
the Office of Consumer Protection of the Department of Commerce
and Consumer Affairs, testifying that the responsibility to
investigate and enforce applicable laws against unscrupulous
landlords who may have violated the Governor's emergency
proclamation falls on the Department of the Attorney General.
Therefore, amendments to this measure are necessary to address
this issue.
Accordingly, your Committee has amended this measure by:
(1) Urging the Department of the Attorney General, rather
than the Department of Commerce and Consumer Affairs and
Maui County, to investigate and enforce applicable laws
against landlords who are ending rental agreements to
house FEMA-eligible households through the Direct Lease
Program or the Department of Human Services Rental
Assistance Program;
(2) Amending its title to reflect its amended purpose;
(3) Updating the list of certified copy recipients by
replacing the Director of Commerce and Consumer Affairs
and Mayor of the County of Maui with the Attorney
General; and
(4) Making a technical, nonsubstantive amendment for the
purposes of clarity and consistency.
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STAND . COM. REP . NO. <• | <9 I
Page 3
As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee concurs with the intent and purpose of
S.R. No. 157, as amended herein, and recommends its adoption in
the form attached hereto as S.R. No. 157, S.D. 1.
Respectfully submitted on
behalf of the members of the
Committee on Commerce and
Consumer Protection,
2024-2322 SR SSCR SMA-1 docx
l■lllll■illllllllllllllllllilHlllllNl^lllnllr
The Senate
Thirty-Second Legislature
State of Hawaii
Record of Votes
Committee on Commerce and Consumer Protection
CPN
Bill / Resolution No.:* Committee Referral: Date:
cpr)
3/2^/ Z'V
The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to: ________________________________________________
The Recommendation is:
__ Pass, unamended Pass, with amendments __ Hold __ Recommit
2312 2311_____________________2310____________ 2313
Members Aye Aye (WR) Nay Excused
KEOHOKALOLE, Jarrett (C)
FUKUNAGA, Carol (VC)
MCKELVEY, Angus L.K.
RICHARDS, III, Herbert M. “Tim”
AWA, Brenton
Recommendation:
TOTAL
__ .
5 —
Adopted __ Not Adopted
Chair’s or Designee’s Signature:
f *
Distribution: Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 12/27/23