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HB1719
HOUSE OF REPRESENTATIVES
H.B. NO.
1719
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to housing
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that Hawaii faces a
severe shortage of housing for local residents and that manufactured homes can
provide safe, code-compliant housing at lower cost and on shorter timelines
than conventional site-built construction.
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Manufactured homes that comply with federal standards and are installed
on permanent foundations with utility connections are suitable for long-term
residential use.
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The
legislature further finds that local zoning restrictions, discretionary review,
residential building design requirements, and private covenants can
unreasonably burden or exclude manufactured homes, even where they meet all
applicable health and safety standards.
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Under federal law, the federal manufactured
home construction and safety standards preempt conflicting state and local
construction and safety requirements, and counties should focus their
regulation on foundations, installation, and utility connections rather than
imposing duplicative standards on the homes themselves.
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The
legislature also finds that treating manufactured homes as personal property
rather than real property limits owners' access to mortgage financing and
real-property consumer protection.
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Clarifying
that manufactured homes are treated as real property for purposes of transfer
and mortgage will improve financing options and support wealth-building for
manufactured-home owners.
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The purpose of this Act is to:
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(1)
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Establish
that manufactured homes are a permitted use by right on any zoning lot where
detached dwelling units are permitted as a principal or accessory residential
use under county zoning ordinances;
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(2)
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Limit
the use of residential building design elements to deny or discourage otherwise
code-compliant manufactured homes;
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(3)
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Prohibit
homeowners' associations and similar private governing bodies from enforcing
covenants that actively or effectively prohibit otherwise lawful manufactured
housing;
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(4)
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Prohibit
counties from requiring manufactured homes that comply with federal
manufactured housing standards to also comply with the Hawaii state building
code or a county building code with respect to construction and safety matters
governed by those federal standards, while preserving county authority over
foundations, installation, and utility connections; and
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(5)
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Specify
that a manufactured home is considered real property, requiring its transfer,
conveyance, and mortgage to follow the same recording and enforcement
requirements as other real property.
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SECTION 2.
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Chapter 46, Hawaii Revised Statutes, is
amended by adding a new part to be appropriately designated and to read as
follows:
"
Part .
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manufactured housing
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46-A
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Definitions.
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As used in this part, unless the context
otherwise requires:
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"Manufactured home" means
a dwelling unit constructed in compliance with title 24 Code of Federal
Regulations part 3280 that is installed on a permanent foundation and connected
to utilities.
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"Residential building design
elements" means exterior building attributes, including but not limited to
the type, color, and style of exterior cladding; roof pitch, materials, or
style; exterior windows and window treatments; exterior doors and door
finishes; location, styling, or materials of garages; or the number or types of
rooms.
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"Residential building design
elements" does not include:
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(1)
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Building features
required by applicable building codes, fire codes, form-based codes, floodplain
regulations, or stormwater regulations for public safety; or
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(2)
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Screening,
buffering, or landscaping requirements for parking areas or mechanical
equipment.
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46-B
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Manufactured homes; by right; urban district.
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(a)
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The placement and occupancy of a manufactured home shall be a permitted
use by right on any zoning lot where a detached dwelling unit is permitted as a
principal or accessory residential use under county zoning ordinances, subject
to compliance with objective development standards applicable to dwellings of
comparable size and occupancy in the same zoning district.
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(b)
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On residentially zoned lots within the urban district, no county shall:
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(1)
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Prohibit
manufactured homes as a principal or accessory residential use;
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(2)
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Require a
discretionary or special use permit solely because a dwelling is a manufactured
home; or
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(3)
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Impose residential
building design elements, or design, exterior-finish, or foundation standards,
that are more restrictive than those applied to site-built dwellings in the
same zoning district.
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(c)
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Each county may:
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(1)
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Apply objective
development standards identical to those for site-built dwellings of comparable
size and occupancy, including standards for setbacks, height, lot coverage,
fire safety, and utilities;
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(2)
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Prohibit or
restrict manufactured homes within special management areas, a special flood
hazard area as delineated on flood maps issued by the Federal Emergency
Management Agency, or high wildfire risk areas; and
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(3)
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Require compliance
with subdivision and roadway-access regulations.
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(d)
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Manufactured homes authorized under this section shall be permitted for
all residentially zoned lots within the urban district.
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Any county ordinance inconsistent with this
section shall be preempted.
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(e)
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No county shall require a manufactured home
that complies with title 24 Code of Federal Regulations part 3280 to also
comply with the Hawaii state building code or an applicable county building
code with respect to construction and safety matters governed by that federal
standard; provided that a county may enforce the Hawaii state building code and
applicable county building codes for foundations, installation, and utility
connections, to the extent not preempted by federal law.
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46-C
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Residential building design elements;
limitations.
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(a)
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No county shall adopt or enforce any
ordinance, resolution, rule, or other requirement that uses residential
building design elements to prohibit or have the effect of prohibiting the
placement or occupancy of a manufactured home that complies with section 46-B.
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(b)
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This section shall not be construed to:
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(1)
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Prohibit a county
from enforcing building codes, fire codes, floodplain regulations, form-based
codes, stormwater regulations, or other health and safety regulations that
apply equally to site-built dwellings; or
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(2)
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Affect historic
districts or historic properties designated pursuant to chapter 6E or
applicable county law, where design review is expressly authorized by law.
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46-D
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Associations; limitations on restricting
manufactured housing.
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(a)
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Notwithstanding any law, declaration,
covenant, condition, bylaw, rule, or other governing document to the contrary,
no association of apartment owners governed by chapter 514B, cooperative
housing corporation governed by chapter 421I, or planned community association
governed by chapter 421J shall adopt or enforce any provision that actively or
effectively prohibits the placement or lawful occupancy of a manufactured home
that complies with section 46-B.
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(b)
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No association, as that term is defined in sections 421J-1 and 514B-3,
or corporation, as that term is defined in section 421I-1, shall require
residential building design elements for a dwelling described in subsection (a)
that are more restrictive than those applied under the association's governing
documents to site-built single-family dwellings on lots subject to the same
governing documents.
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(c)
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This section shall not be construed to prohibit reasonable rules and
regulations adopted and enforced in good faith by an association, as that term
is defined in sections 421J-1 and 514B-3, or corporation, as that term is
defined in section 421I-1, that:
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(1)
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Require compliance
with applicable federal, state, and county laws and rules relating to health,
safety, and sanitation;
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(2)
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Regulate the
location of a dwelling on a lot for purposes of compliance with objective fire
safety, access, and utility easement requirements; or
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(3)
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Regulate
landscaping, fencing, or screening in a manner that applies equally to
site-built, manufactured housing on similarly situated lots.
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(d)
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Any provision of a declaration, covenant, condition, bylaw, rule, or
other governing document that conflicts with this section shall be void and
unenforceable to the extent of the conflict."
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SECTION 3.
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Chapter 502, Hawaii Revised Statutes, is
amended by adding a new section to part XI to be appropriately designated and
to read as follows:
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"
�502-
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Manufactured
housing.
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(a)
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A Manufactured home shall be deemed real property for purposes of
transfer, conveyance, mortgage, attachment, lien, foreclosure, execution, and
all other matters to which the law relating to interests in real property
applies, whether the owner of the manufactured home owns the land on which the
home is located.
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(b)
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Title to a manufactured home deemed real
property under this section shall be transferred only by an instrument that
satisfies the requirements for a conveyance of real property and is duly
recorded in the office of the assistant registrar of the land court or the
bureau of conveyances, as applicable.
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The
instrument shall reasonably identify the manufactured home.
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(c)
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A
mortgage or other security instrument encumbering a manufactured home deemed
real property under this section shall be created, perfected, and foreclosed in
the same manner as a mortgage or other security instrument encumbering real
property, and a recorded mortgage or other security instrument that describes
the manufactured home and states that it is or is to become a fixture on the
land shall be effective as a fixture filing under article 9 of chapter 490.
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(d)
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Notwithstanding any law providing for a
certificate of title for a manufactured home, the rights of good-faith
purchasers and mortgagees of a manufactured home deemed real property under
this section shall be determined by the records of the assistant registrar of
the land court or the bureau of conveyances.
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(e)
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For purposes of this section, "manufactured home" has the same
meaning as in section 46-A.
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SECTION 4.
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In codifying the new sections added by
section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.
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SECTION
5.
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New statutory material is
underscored.
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SECTION 6.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Manufactured
Housing; Residential Building Design Elements; Real Property
Description:
Establishes that manufactured homes are a permitted use by
right on residentially zoned lots within the urban district.
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Limits the use of residential building design
elements to deny or discourage otherwise code-compliant manufactured
homes.
�
Prohibits homeowners'
associations and similar private governing bodies from enforcing covenants that
actively or effectively prohibit otherwise lawful manufactured housing.
�
Prohibits counties from requiring
manufactured homes that comply with federal manufactured housing standards to
also comply with the Hawaii state building code or a county building code.
�
Specifies that a manufactured home is
considered real property, requiring its transfer, conveyance, and mortgage to
follow the same recording and enforcement requirements as other real property.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.