Read the full stored bill text
HB1324
HOUSE OF REPRESENTATIVES
H.B. NO.
1324
THIRTY-THIRD LEGISLATURE, 2025
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.
�
Young people are more
vulnerable to mental health problems, developmental delays, and poor cognitive
outcomes because of housing instability.
�
In contrast, housing stability improves educational outcomes by reducing
the likelihood of repeating a grade and dropping out of school.
����
The legislature further finds that
while rentals satisfy Hawaii residents' need for stable housing, tenants have
very little support when facing eviction in the State.
�
In the 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 five per cent of
tenants are represented.
�
This disparity
in representation results in eighty-five to ninety-five per cent of eviction
cases resulting in the eviction of the tenant.
����
Additionally, the legislature finds
that representation in eviction proceedings can 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 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;
����
(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 and appropriation
of funds 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)
�
For eligible residential
tenants, a
ccess to full legal representation upon the filing of
an
action or proceeding for possession,
or as soon thereafter as is practicable, which shall be maintained from
the initial filing through termination of the action or proceeding; provided
that if full legal representation is unavailable, then access to day-of-court
representation on the day of the first court hearing shall be provided; and
����
(2)
�
For a
residential
tenant who does not meet the definition of an eligible residential tenant under
this section, access to limited pro-bono assistance upon the filing of an
action
or proceeding for possession
,
or as soon thereafter as is practicable.
����
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:
����
"Day-of-court
representation" means the provision of legal services provided by a
designated organization on the day of a court hearing and does not include
pre-trial preparation.
����
"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.
����
"Eligible residential tenant"
means any individual who occupies a dwelling in the State under a
claim-of-right other than the owner, including tenants of the Hawaii public
housing authority, whose household earns at or below eighty per cent of the
area median income.
����
"Eligible residential tenant"
does not include any individual who owns property in the circuit in which the
action
or proceeding for possession
was filed, or any individual whose annual gross household income is more than
eighty per cent of the area median income for a family of the same size.
����
"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,
pre-trial counsel, court representation, and negotiations
.
����
"General supervision"
includes paralegals and law students appearing on behalf of tenants in court
without the physical presence of the supervising attorney.
����
"Limited pro-bono assistance"
means the provision of basic legal advice and assistance with document
preparation provided by a designated organization and does not include in-court
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 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 for the judiciary to
contract for the representation services required by this Act.
����
The sums
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 July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Landlord;
Tenant; Legal Services; Income Eligibility; Access to Representation;
Judiciary; Appropriation
Description:
Requires
the Judiciary to contract for legal services for residential tenants in actions
or proceedings with their landlord under certain circumstances.
�
Authorizes attorneys, paralegals, and law
student to provide legal services to residential tenants.
�
Appropriates funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.