REP. No.
STAND. COM.
(b2.
Honolulu, Hawaii
APR uh 2023
RE: S.C.R. NO. 78
S.D. l
Honorable Ronald D. Kouchi
President of the Senate
Thirty—Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.C.R.
No. 78 entitled:
"SENATE CONCURRENT RESOLUTION REQUESTING THE JUDICIARY TO
EXAMINE THE FREQUENCY OF COMPLAINTS FOR SUMMARY POSSESSION
THAT ARE GRANTED IN FAVOR OF THE LANDLORD WHEN THE LANDLORD
IS REPRESENTED BY COUNSEL AND THE TENANT IS ACTING PRO SE,"
begs leave to report as follows:
The purpose and intent of this
is to request the
measure
Judiciary to examine the frequency of complaints for summary
possession that are granted in favor of the landlord when the
landlord is represented by counsel and the tenant is acting pro
se.
Your Committee received testimony in support of this measure
from one individual.
Your Committee finds that there is a substantial power
imbalance between landlords and tenants because landlords have the
authority to dictate the living situation of their tenants; there
are no statutory restrictions on the amount that landlords can
increase rent prices; and landlords usually have more financial
resources, allowing them greater access to legal counsel. Evicted
tenants often are already subject to significant financial
restraints, which not only makes retaining legal counsel on short
notice for these tenants unduly burdensome, but often leads to
2023-2483 SCR SSCR SMA—l.dOCX
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 REP.
STAND.
Page 2
COM.
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these tenants having to represent themselves pro se. Your
Committee further finds that it
is in the State's best interest to
minimize the risk of abuse to evicted tenants and protect them
from further economic and mental duress. This measure will
request the Judiciary to examine the disparity in representation
between landlords and evicted tenants so that possible solutions
may be identified to help assist evicted tenants.
Your Committee has amended this measure by:
(l) Amending its title in accordance with its amended
purpose;
(2) Specifying that the Judiciary is requested to examine
the frequency of motions for summary judgment, in
addition to complaints for summary possession, that
result in a judgment in favor of the landlord when the
landlord is represented by counsel and the tenant is
acting pro se;
(3) Changing the number of days for the Judiciary to submit
a report to the Legislature from twenty days to forty
days; and
(4) Making a technical, nonsubstantive amendment for the
purposes of clarity and consistency.
As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 78, as
amended herein, and recommends its adoption in the form attached
hereto as S.C.R. No. 78, S.D. l.
Respectfully submitted on
behalf of the members of the
Committee on Judiciary,
M
KARL RHOADS, Chair
2023-2483 SCR SSCR SMA-l.dOCX
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 The Senate
Thirty-Second Legislature
State of Hawai‘i
Record of Votes
Committee on Judiciary
JDC
Bill / Resolution No.:* Committee Referral: Date:
SCK 3'8 0m 3123l23
D The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to:
The Recommendation is:
Pass, unamended
2312
m/Pass, with amendments
2311
D Hold
2310
D Recommit
2313
\///
Members Aye Aye (WR) Nay Excused
RHOADS, Karl (C)
GABBARD, Mike (VC)
ELEFANTE, Brandon J.C.
\/
\/ /
V
\//
SAN BUENAVENTURA, Joy A.
AWA, Brenton
Recommendation:
ToTAL
/ 3 __. 1
'l
Adopted D Not Adopted
Distributionz/ Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 11/30/22