Bill Text: HI HCR148 | 2017 | Regular Session | Amended
Bill Title: Requesting The Convening Of A Working Group To Examine And Develop Recommendations To Address The Issue Of Squatting In The State.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2017-05-02 - Resolution adopted in final form. [HCR148 Detail]
Download: Hawaii-2017-HCR148-Amended.html
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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
148 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
REQUESTING THE CONVENING OF A WORKING GROUP TO EXAMINE AND DEVELOP RECOMMENDATIONS TO ADDRESS THE ISSUE OF SQUATTING IN THE STATE.
WHEREAS, the Legislature finds that squatting, or settling on land without title, right, or payment of rent, has become common in certain areas of the State and is a serious nuisance to owners of the property, adjoining landowners, and neighboring residents; and
WHEREAS, Act 154, Session Laws of Hawaii (SLH) 2016, amended section 712-1270, Hawaii Revised Statutes (HRS), to include unlawful occupation of real property to which the person has no title, lease, or other legal claim as a nuisance subject to civil suit for abatement, prevention, and injunction; and
WHEREAS, in its deliberations on Act 154, SLH 2016, the Legislature found that squatting presents significant legal issues for landowners because the legal process to evict a squatter is costly and time-consuming; and
WHEREAS, squatting on real property that has been abandoned by the landowner presents even greater problems to the community because neighboring landowners and residents do not have a property interest in the abandoned parcel and, therefore, have recourse only to civil suit as authorized by Act 154, SLH 2016, to remedy the issue; and
WHEREAS, pursuing remedy through a civil suit is an expensive and time-consuming process that, in the case of abandoned property, places the entire burden on neighbors and community members seeking to abate nuisance conditions that they did not cause; and
WHEREAS, while the remedy to confront squatting provided by Act 154, SLH 2016, can provide relief to communities that are already affected, it is only available to address an existing nuisance condition and does not provide a means to prevent the nuisance from occurring; and
WHEREAS, the root causes of squatting are complex and to address the problem, it is necessary to clearly understand the issue and its associated factors in order to address it through policymaking and decisionmaking; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the Senate concurring, that the Governor's Coordinator on Homelessness is requested to convene a working group to examine and develop recommendations to address the issue of squatting in the State, including by:
(1) Clearly defining the behaviors or actions that constitute squatting;
(2) Identifying the circumstances and unmet needs that predict or lead to squatting;
(3) Recommending ways to proactively prevent squatting, such as increasing the inventory of shelter beds and affordable housing; and
(4) Recommending ways to resolve community impacts caused by squatting, including through the judicial system, law enforcement, and community action; and
BE IT FURTHER RESOLVED that in developing its recommendations, the working group is requested to also consider and examine policy and legislative considerations with respect to squatting, including proposed legislation regarding trespassing, adverse possession, eviction, loitering, and termination of tenancy; and
BE IT FURTHER RESOLVED that the Governor's Coordinator on Homelessness is requested to invite representatives of government, non-profit, and private entities to serve on the working group, including the following:
(1) The Chair of the Senate standing committee with primary subject-matter jurisdiction over housing, or the Chair's designee;
(2) The Chair of the House standing committee with primary subject-matter jurisdiction over housing, or the Chair's designee;
(3) The Director of Human Services or the Director's designee;
(4) The Executive Director of the Hawaii Public Housing Authority or the Executive Director's designee;
(5) A representative from PHOCUSED (Protecting Hawaii's Ohana, Children Under-served, Elderly, and Disabled);
(6) A representative from The Chamber of Commerce Hawaii;
(7) A representative from the Hawaii Association of Realtors; and
(8) Any other stakeholders as determined by the majority of members of the working group; and
BE IT FURTHER RESOLVED that the Chair of the Senate standing committee with primary subject-matter jurisdiction over housing and the Chair of the House standing committee with primary subject-matter jurisdiction over housing are requested to serve as the Co-chairpersons of the working group; and
BE IT FURTHER RESOLVED that the members of the working group shall be exempt from chapter 92, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that the working group will cease to exist on June 30, 2018; and
BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days before the convening of the Regular Session of 2018; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Governor's Coordinator on Homelessness, Chairperson of the Senate standing committee with primary subject-matter jurisdiction over housing, Chairperson of the House standing committee with primary subject-matter jurisdiction over housing, Director of Human Services, Executive Director of the Hawaii Public Housing Authority, Executive Director of PHOCUSED, President and Chief Executive Officer of The Chamber of Commerce Hawaii, and President of the Hawaii Association of Realtors.
Squatting; Task Force
