THE SENATE	S.C.R. NO.	97
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE department of health to establish a working group TO STUDY ACCESSIBILITY BARRIERS for multi-family housing not covered by the federal fair housing act and GOVERNED BY condominium ASSOCIATIONS and planned community associations.

 

 

 

     WHEREAS, the ability of kupuna and residents with disabilities to remain in their homes and communities with dignity and independence is essential to individual well‑being and community stability; and

 

     WHEREAS, aging in place reduces reliance on institutional care and may mitigate public costs associated with premature placement in skilled nursing facilities or other institutional care; and

 

     WHEREAS, approximately twenty-one percent of the State's residents are age sixty‑five or older, and the elder population is projected to grow substantially in the coming decades; and

 

     WHEREAS, many condominium and planned community association properties were built before federal and state accessibility standards, such as the federal Fair Housing Act, resulting in multi-family housing that often lack accessible features; and

 

     WHEREAS, modifications to common areas in older condominiums and planned communities may unintentionally create or worsen barriers for residents with mobility limitations, and disputes frequently arise regarding whether condominium and planned community associations must install or fund accessibility improvements; and

 

     WHEREAS, residents requesting minor accessibility modifications may face significant personal costs; and

 

     WHEREAS, the State lacks comprehensive data on the prevalence of these disputes, the financial impacts on residents, and the statewide implications of addressing accessibility gaps; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the House of Representatives concurring, that the Department of Health is requested to establish a working group to conduct a study on accessibility barriers for multi-family housing not covered by the federal Fair Housing Act and governed by condominium associations and planned community associations; and

 

     BE IT FURTHER RESOLVED that the working group is requested to comprise the following members or their designees:

 

     (1)  The Executive Director of the Disability and Communication Access Board, who is requested to serve as chair;

 

     (2)  The Director of Commerce and Consumer Affairs;

 

     (3)  The Director of the Executive Office on Aging;

 

     (4)  The Executive Director of the Hawaii Civil Rights Commission;

 

     (5)  The President of the Hawaii Council of Associations of Apartment Owners; and

 

     (6)  Any other individual recommended by the chair; and

 

     BE IT FURTHER RESOLVED that the study is requested to examine:

 

     (1)  The prevalence and nature of accessibility‑related disputes between homeowners and condominium and planned community associations;

 

     (2)  The interaction between multi-family housing not covered by the federal Fair Housing Act and obligations under the Fair Housing Act and chapter 515, Hawaii Revised Statutes, relating to reasonable accommodations and reasonable modifications;

 

     (3)  Whether state law adequately clarifies condominium association and planned community association responsibilities for accessibility modifications to common elements;

 

     (4)  The effects of accessibility barriers on residents' ability to age in place;

 

     (5)  The feasibility and potential benefits of a state matching assistance fund or grant program to help offset costs of access modifications;

 

     (6)  Estimated annual state costs under various funding models, including income‑based eligibility, cost‑sharing ratios, or household caps; and

 

     (7)  Potential long‑term savings from reducing early institutionalization or displacement of residents with disabilities; and

 

     BE IT FURTHER RESOLVED that the Department of Health is requested to submit a report of findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health, Director of Commerce and Consumer Affairs, Director of the Executive Office on Aging, Executive Director of the Disability and Communication Access Board, Executive Director of the Hawaii Civil Rights Commission, and President of the Hawaii Council of Associations of Apartment Owners.

 

 

 

OFFERED BY:

_____________________________

Report Title: 

DOH; DCCA; Executive Office on Aging; Disability and Communication Access Board; Hawaii Civil Rights Commission; Condominium Associations; Planned Community Associations; Accessibility; Study