Bill Text: HI SB1302 | 2012 | Regular Session | Amended

---

Bill Title: Fair Housing; Reasonable Accommodations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB1302 Detail]

Download: Hawaii-2012-SB1302-Amended.html

---

 

 

STAND. COM. REP. NO. 239

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1302

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

 

Sir:

 

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 1302 entitled:

 

"A BILL FOR AN ACT RELATING TO FAIR HOUSING REASONABLE ACCOMMODATIONS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to harmonize state prohibitions on housing discrimination with federal law by clarifying that reasonable accommodations to allow persons with disabilities to have access to housing when using service animals or comfort animals.

 

     Your Committee received testimony in support of this measure from the Disability and Communications Access Board, the Hawai‘i Civil Rights Commission, and one private individual.  Your Committee received testimony in opposition to this measure from the Hawaii Chapter of the Community Associations Institute, the Board of the Association of Apartment Owners of The Admiral Thomas Apartments, Ewa by Gentry Community Association, and two private citizens.

 

     Your Committee finds that service animals and comfort animals can be important to a person with a disability's ability to access housing and to live independently.  Your Committee further finds that the State's compliance with federal fair housing law is a necessary prerequisite to the receipt of certain federal housing assistance funds.  However, your Committee also finds that the inclusion of assistive animals in large, dense housing developments such as high-rise condominiums merits special consideration in order to preserve the right of all residents to feel comfortable in their homes and to prevent abuse of the allowance of comfort animals.  Therefore, your Committee requests that the proponents of this measure work with representatives of planned community and condominium associations toward a solution that allows for accommodation of comfort animals, as defined by federal law, for those who need them and takes into account the rights and interests of all residents.  Your Committee further respectfully requests that, should your Committee on Judiciary and Labor consider this measure, that Committee consider any recommendations from advocates of this measure that reflect consensus among stakeholders.

 

     Your Committee has amended this measure by:

 

     (1)  Deleting provisions related to comfort animals in order to allow stakeholders to reach a consensus-based resolution of this issue;

 

     (2)  Inserting an effective date of July 1, 2050, to allow for further discussion; and

 

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1302, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1302, S.D. 1, and be referred to the Committee on Judiciary and Labor.

 

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

 

____________________________ ROSALYN H. BAKER, Chair