Bill Text: HI HB1863 | 2022 | Regular Session | Amended
Bill Title: Relating To Landlord-tenant Disputes.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2022-02-14 - The committee(s) on JHA recommend(s) that the measure be deferred. [HB1863 Detail]
Download: Hawaii-2022-HB1863-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1863 |
|
THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO LANDLORD-TENANT DISPUTES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that stable housing yields a multitude of opportunities and stronger outcomes for children, youth, and adults. Due to the lack of housing stability, young people are more vulnerable to mental health problems, developmental delays, and poor cognitive outcomes. Furthermore, there is a correlation between housing instability and trauma. Housing stability additionally improves educational outcomes by reducing the likelihood of repeating a grade and dropping out of school.
The legislature further finds that while rentals satisfy many Hawaii residents' need for stable housing, tenants have very little support when facing eviction in the State. In its 2018 report, "Evicted in Hawai‘i: Lives Hanging in the Balance", Lawyers for Equal Justice found that approximately seventy per cent of landlords are represented by counsel in eviction proceedings, whereas only five per cent of tenants are represented. This disparity in representation results in eighty-five to ninety-five per cent of eviction cases ending in the eviction of the tenant.
The legislature additionally finds that representation in eviction proceedings can substantially increase the likelihood for a tenant to remain in the home. Research suggests that tenants who are represented in eviction proceedings are six to ten times more likely to remain in the home. In New York City, where low-income tenants have full and free access to counsel in eviction proceedings, eighty-six per cent of represented tenants were able to remain in their homes.
The legislature also finds that access to representation may be substantially increased by permitting lay persons to advocate for tenants in court. Under existing state law, landlords may be represented by property managers. However, there is no corresponding right to lay advocacy for tenants. The legislature notes that in February 2021, a first of its kind tenant-advocate pilot project was established by the Hawaii supreme court to assist self-represented litigants in landlord-tenant disputes, but this project is currently limited to the first circuit.
Accordingly, the purpose of this Act is to increase access to representation for residential tenants in actions or proceedings for possession by:
(1) Providing for state-funded access to legal services for residential tenants, with full access to each income-eligible tenant available by July 1, 2027;
(2) Authorizing attorneys, paralegals, and law students to provide the legal services; and
(3) Appropriating funds to the judiciary to contract with legal service organizations or clinical training programs to carry out this purpose.
SECTION 2. Chapter 666, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§666- Access to representation; representation
by whom; no private right of action. (a) Subject to the availability of moneys
appropriated for the purposes of this section, the judiciary shall contract
with designated organizations for the provision of legal services to
residential tenants in any action or proceeding for possession as follows:
(1) Each residential tenant shall receive access to brief legal assistance no later than the residential tenant's first scheduled appearance in an action or proceeding, or as soon thereafter as is practicable; and
(2) No later than July 1, 2027, each
income-eligible tenant shall receive access to full legal representation no
later than the income-eligible tenant's first scheduled appearance in an action
or proceeding, or as soon thereafter as is practicable;
provided that the legal services rendered
pursuant to this section shall be at no cost to the tenant.
(b) The legal services rendered by designated organizations pursuant to subsection (a) may be provided by:
(1) Attorneys;
(2) Paralegals; or
(3) Law students;
provided that paralegals and law students shall
be under the general supervision of an attorney employed with or contracted by
the designated organization.
(c) Notwithstanding any provision of law
requiring the licensure of persons practicing in any court, the persons listed
under subsection (b) may appear on behalf of residential tenants in district
court.
(d) Nothing in this section or the administration
or application of this section shall be construed to create a private right of
action on the part of any person or entity against the judiciary or State.
(e) For purposes of this section:
"Brief
legal assistance" means individualized legal assistance provided in a
single consultation by a designated organization to a tenant in connection with
an action or proceeding for possession.
"Designated
organization" means a nonprofit organization or association or clinical
training program that has the capacity to provide legal services and is
designated by the judiciary pursuant to this section.
"Full legal representation" means ongoing legal representation provided by a designated organization to an income-eligible tenant and all legal advice, advocacy, and assistance associated with such representation. "Full legal representation" includes the filing of a notice of appearance on behalf of the income-eligible tenant in an action or proceeding for possession.
"General
supervision" includes paralegals and law students appearing on behalf of
tenants in court without the physical presence of the supervising attorney.
"Income-eligible
tenant" means a residential tenant whose annual gross household income is
no more than eighty per cent of the area median income for a family of the same
size.
"Legal services" means brief legal assistance or full legal representation."
SECTION 3. Section 605-2, Hawaii Revised Statutes, is amended to read as follows:
"§605-2
Attorneys; license required.
Except as provided by the rules of court, no person shall be allowed to
practice in any court of the State unless that person has been duly licensed so
to do by the supreme court; provided that nothing in this chapter shall prevent
any person, plaintiff, defendant, or accused, from appearing in person before
any court, and there prosecuting or defending that person's, plaintiff's,
defendant's, or accused's own cause, without the aid of legal counsel; provided
further that in the district courts sections 605-13 [and], 633-28,
and 666- shall apply."
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the judiciary to contract for the representation services required by this Act.
The sum appropriated shall be expended by the judiciary for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 1, 2050.
Report Title:
Landlord; Tenant; Action or Proceeding for Possession; Legal Services; Access to Representation; Judiciary; Appropriation
Description:
Provides for state-funded access to legal services to residential tenants in actions or proceedings for possession, with full access to each income-eligible tenant available by 7/1/2027. Authorizes attorneys, paralegals, and law students to provide the legal services. Appropriates funds for the judiciary to contract for the legal services. Effective 1/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
