Bill Text: HI SR70 | 2023 | Regular Session | Amended
Bill Title: Requesting The Judiciary To Examine The Frequency Of Complaints For Summary Possession And Motions For Summary Judgment That Are Granted In Favor Of The Landlord When The Landlord Is Represented By Counsel And The Tenant Is Acting Pro Se.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-05-22 - Certified copies of resolutions sent. [SR70 Detail]
Download: Hawaii-2023-SR70-Amended.html
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THE SENATE |
S.R. NO. |
70 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE RESOLUTION
REQUESTING THE JUDICIARY TO EXAMINE THE FREQUENCY OF COMPLAINTS FOR SUMMARY POSSESSION AND MOTIONS FOR SUMMARY JUDGMENT THAT ARE GRANTED IN FAVOR OF THE LANDLORD WHEN THE LANDLORD IS REPRESENTED BY COUNSEL AND THE TENANT IS ACTING PRO SE.
WHEREAS, Hawaii is entrenched in a housing crisis that severely limits affordable housing options and pushes many into poverty, crushing debt, and homelessness; and
WHEREAS, chronic homelessness is an epidemic in the State, which currently is experiencing the second-highest rate of homelessness in the country; and
WHEREAS, kupuna are disproportionately affected by evictions and homelessness, as it is estimated that approximately one-third of the tenants that were evicted in 2022 are kupuna and that one-half of people currently without permanent housing statewide are kupuna aged fifty-five years or older; and
WHEREAS, Native Hawaiians are also disproportionately affected by evictions and homelessness, forcing many families who have called Hawaii home for centuries to have to leave the islands or move onto the streets; and
WHEREAS, the median price of renting a home in Hawaii increased thirteen percent since the beginning of the coronavirus disease 2019 pandemic, with some communities seeing the price of rent surge as high as forty percent in one year; and
WHEREAS, although hundreds of tenants are legally evicted each month throughout the State, the true number of tenants that are forced out of their homes each month is unknown, as not many eviction cases are being filed; and
WHEREAS, 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; and
WHEREAS, 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 these tenants having to represent themselves pro se; and
WHEREAS, this discrepancy in legal representation can yield predatory or even abusive results, with many evicted tenants reporting bullying or harassment from their landlords' legal counsel; and
WHEREAS, especially given the current housing crisis, 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; and
WHEREAS, it is therefore necessary to understand any disparity in representation between the landlords and evicted tenants who are parties to actions for summary possession through an audit of the proceedings; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Judiciary is requested to examine the frequency of complaints for summary possession and motions for summary judgment that result in judgment in favor of the landlord when the landlord is represented by counsel and the tenant is acting pro se; and
BE IT FURTHER RESOLVED that the Judiciary is requested to submit a report of its findings to the Legislature no later than forty days prior to the convening of the Regular Session of 2024; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Hawaii Supreme Court, Administrative Director of the Courts, and Deputy Administrative Director of the Courts.
Judiciary; Evictions; Landlord; Tenant; Motion for Summary Judgment; Report (SD1)
