RELATING TO RESIDENTIAL REAL PROPERTY.

Land

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: MATAYOSHI, GRANDINETTI, KILA, KUSCH, LEE, M., MARTEN, MORIKAWA, OLDS, TAKAYAMA, TAM, TARNAS, TEMPLO, TODD, WOODSON
Last action: 2026-04-14
Official status: Recommitted to JDC/WAM.
Effective date: Not listed

Plain English Breakdown

The bill summary does not provide specific details on the court's role in reviewing penalties.

Rules for Fixing Zoning Problems in Homes

This bill sets penalties, including fines and liens, for property owners who do not fix zoning violations within a specified time frame.

What This Bill Does

Establishes penalties of at least $1,000 per day for property owners who fail to remediate zoning violations as required by the county planning or permitting agency.
Adds a lien on the property if fines exceed $20,000 and the owner does not fix the violation within thirty days of being notified.
Allows county agencies or the Attorney General to start foreclosure proceedings if the owner fails to pay the lien or commence remediation of the violation within thirty days of notice.

Who It Names or Affects

Property owners who receive notices about zoning violations and do not correct them
County planning or permitting agencies responsible for enforcing zoning rules

Terms To Know

lien: A legal claim on a property to secure the payment of a debt, such as fines.
foreclosure: The process by which a lender or government takes possession of a mortgaged property when the borrower defaults on payments.

Limits and Unknowns

It is unclear how this will affect homeowners who are unable to afford repairs due to financial hardship.
The bill does not specify what happens if the owner pays the lien but cannot fix the violation within the time frame.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment establishes penalties, including fines and liens, for property owners who fail to correct zoning violations within the specified time frame.

Adds a new section in Chapter 46 of Hawaii Revised Statutes that imposes a minimum fine of $1,000 per day on property owners who do not remediate zoning violations as required by county agencies.
Imposes a lien on real property if the total fines exceed $20,000 and allows for foreclosure proceedings if the owner does not satisfy the lien or commence remediation within 30 days of notice.
Specifies that the Attorney General can initiate foreclosure proceedings if the relevant county agency fails to do so within 30 days.

The amendment specifies an effective date of July 1, 3000, which seems unrealistic and may indicate a placeholder or error in the text.

HD2

Hawaii published version HD2

Plain English: This amendment establishes penalties, including fines and liens, for property owners who fail to address zoning violations within a specified time frame.

Adds a new section in Chapter 46 of Hawaii Revised Statutes that imposes a minimum fine of $1,000 per day on residential property owners who do not remediate zoning violations as required by the county planning or permitting agency.
Specifies that if fines exceed $20,000, the notice of violation becomes a lien on the property.
Requires the applicable county planning or permitting agency to record the notice of violation with the Bureau of Conveyances and refer it to the county corporation counsel for foreclosure if the owner does not satisfy the conditions within 30 days.

The amendment text specifies an effective date of July 1, 3000, which seems unusual and may be a placeholder or error.
Further details on how fines are calculated beyond $20,000 are not provided in the given text.

SD1

Hawaii published version SD1

Plain English: This amendment establishes penalties, including fines and liens, for property owners who fail to address zoning violations within a specified time frame.

Adds a new section in Chapter 46 of Hawaii Revised Statutes that imposes a minimum fine of $1,000 per day on residential property owners who do not remediate zoning violations as required by the county planning or permitting agency.
Specifies that if fines exceed $20,000, the notice of violation becomes a lien on the property and can lead to foreclosure proceedings if the owner does not address the issue within 30 days.

The amendment text specifies an effective date of July 1, 3000, which seems unrealistic and may indicate a placeholder or error in the document.
Some technical details about the foreclosure process are mentioned but not fully explained, making it unclear how exactly this would work.

SD2

Hawaii published version SD2

Plain English: This amendment establishes penalties, including fines and liens, for property owners who fail to address zoning violations within a specified time frame.

Adds a new section in Chapter 46 of the Hawaii Revised Statutes that imposes a minimum fine of $1,000 per day on residential property owners who do not remediate zoning violations as required by county agencies.
Specifies that if fines exceed $20,000, the notice of violation becomes a lien on the property and can lead to foreclosure proceedings if the owner does not address the issue within 30 days.
Allows property owners to appeal penalties or fines through a de novo review in district or circuit court.

The amendment text specifies an effective date of July 1, 3000, which seems unrealistic and may indicate a placeholder or error.

Bill History

2026-04-14 S
Recommitted to JDC/WAM.
2026-04-10 S
48 Hrs. Notice 04-14-26.
2026-04-10 S
Reported from JDC/WAM (Stand. Com. Rep. No. 3803) with recommendation of passage on Third Reading, as amended (SD 2).
2026-04-08 S
The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Chang; Aye(s) with reservations: none ; 2 No(es): Senator(s) San Buenaventura, Awa; and 0 Excused: none.
2026-04-08 S
The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 12 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai; Aye(s) with reservations: none ; 1 No(es): Senator(s) Fevella; and 0 Excused: none.
2026-04-06 S
The committee(s) on JDC/WAM will hold a public decision making on 04-08-26 10:15AM; Conference Room 211 & Videoconference.
2026-03-30 S
Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.
2026-03-30 S
Reported from WLA/EIG (Stand. Com. Rep. No. 3251) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.
2026-03-19 S
The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EIG were as follows: 5 Aye(s): Senator(s) Wakai, Chang, DeCoite, Richards, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.
2026-03-19 S
The committee(s) on WLA recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WLA were as follows: 4 Aye(s): Senator(s) Lee, C., Chang, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Inouye.
2026-03-16 S
The committee(s) on WLA/EIG has scheduled a public hearing on 03-19-26 3:00PM; Conference Room 224 & Videoconference.
2026-03-12 S
Referred to WLA/EIG, JDC/WAM.
2026-03-12 S
Passed First Reading.
2026-03-12 S
Received from House (Hse. Com. No. 336).
2026-03-10 H
Passed Third Reading as amended in HD 2 with Representative(s) Cochran, Gedeon, Iwamoto, Poepoe voting aye with reservations; Representative(s) Alcos, Amato, Garcia, Hussey, Kong, Matsumoto, Muraoka, Pierick, Shimizu voting no (9) and none excused (0). Transmitted to Senate.
2026-03-06 H
Forty-eight (48) hours notice Tuesday, 03-10-26.
2026-03-06 H
Reported from JHA (Stand. Com. Rep. No. 1187-26) as amended in HD 2, recommending passage on Third Reading.
2026-03-04 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Tarnas, Poepoe, Hashem, Kahaloa, Sayama, Takayama; Ayes with reservations: Representative(s) Shimizu; 1 Noes: Representative(s) Garcia; and 2 Excused: Representative(s) Belatti, Cochran.
2026-02-27 H
Bill scheduled to be heard by JHA on Wednesday, 03-04-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2026-02-13 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Shimizu voting aye with reservations; Representative(s) Alcos, Garcia, Muraoka, Pierick voting no (4) and Representative(s) Chun, Kong, Kusch excused (3).
2026-02-13 H
Reported from WAL (Stand. Com. Rep. No. 268-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2026-02-05 H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Hashem, Morikawa, Belatti, Ichiyama, Woodson; Ayes with reservations: Representative(s) Poepoe, Shimizu, Souza; Noes: none; and 1 Excused: Representative(s) Iwamoto.
2026-02-02 H
Bill scheduled to be heard by WAL on Thursday, 02-05-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
2026-01-28 H
Referred to WAL, JHA, referral sheet 3
2026-01-26 H
Introduced and Pass First Reading.
2026-01-23 H
Pending introduction.

Official Summary Text

RELATING TO RESIDENTIAL REAL PROPERTY.
Counties; Bureau of Conveyances; Residential Real Property; Zoning Violations; Penalties; Fines; Liens; Foreclosure
Establishes penalties, including fines and liens, for an owner of residential real property's failure to remediate zoning violations. Requires, under certain conditions, county planning or permitting agencies to record the notice of violation as a lien on the property with the Bureau of Conveyances. Requires referral to the applicable county corporation counsel for foreclosure, subject to certain conditions, if the owner fails to satisfy certain conditions. Requires the applicable district or circuit court to hold a de novo review of penalties assessed for unaddressed residential real property zoning violations, including foreclosure, upon appeal by the affected residential real property owner. Effective 7/1/3000. (SD2)

Current Bill Text

Read the full stored bill text

HB1990

HOUSE OF REPRESENTATIVES

H.B. NO.

1990

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to residential real property
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that owners of real
property have certain responsibilities.
�

The legislature also finds that some property owners are unwilling or
unable to fulfill these basic obligations.

����
Accordingly, the purpose of this Act
is to specify that a property owner who receives a notice of violation of any
county zoning ordinance, rule, or regulation and fails to remediate the
violation, to the county planning or permitting agency's satisfaction and
within the agency's specified time frame, shall be fined a minimum of $1,000
per day, subject to a lien if the fines exceed $20,000, and subject to
foreclosure proceedings if the property owner does not satisfy the lien and
commence remediation of the violation within thirty days of notice.

����
SECTION 2.
�
Chapter 46, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:

����
"
�46-
�
Penalties
for unaddressed zoning violations.
�
(a)
�
The penalties for a violation of any county
zoning ordinance, rule, or regulation shall be as follows
:

����
(1)
�
An owner of
real property who fails to remediate all conditions that gave rise to issuance
of the notice of violation, to the county planning or permitting agency's
satisfaction and within the agency's specified time frame, shall be assessed by
the agency a fine of no less than $1,000 for each day the violation persists;

����
(2)
�
If fines
assessed to the owner of real property exceed $20,000, then the notice of
violation shall constitute a lien upon the real property within thirty days;
and

����
(3)
�
If
within
thirty days of receiving notice

of the lien, the owner of real property fails to:

���������
(A)
�
Satisfy
the lien specified in paragraph (2); and

���������
(B)
�
Commence
and diligently conduct remediation of all conditions that gave rise to issuance
of the notice of violation, to the county planning or permitting agency's
satisfaction,

���������
then the applicable county
planning
or permitting agency shall commence foreclosure proceedings, judicial or
nonjudicial, on the real property without delay.

����
(b)
�

If the applicable county planning or permitting agency
fails to commence foreclosure proceedings pursuant to subsection (a)(3) within
thirty days, then the attorney general shall commence foreclosure proceedings
without delay; provided that any moneys recovered from the proceedings shall be
remitted to the applicable county; provided further that twenty per cent of the
fines assessed shall be deposited into the general fund, but no attorney's fees
shall be recovered.

����
(c)
�
The attorney general shall publish cases that
meet the criteria for foreclosure under subsection (a)(3) and for which neither
the applicable county planning or permitting agency nor the attorney general
has commenced foreclosure proceedings within sixty days.

����
If neither the applicable county
planning or permitting agency nor the attorney general commences foreclosure
proceedings within sixty days, a private entity may commence foreclosure
proceedings, judicial or nonjudicial, on the real property and shall be
reimbursed in an amount of twenty per cent of the fines assessed, but shall not
recover attorney's fees.
�
The private
entity shall provide notice to the attorney general, in writing, of the private
entity's interest in taking a case.
�
The
private entity shall only commence foreclosure proceedings after the attorney
general has consented and assigned the case to the private entity.

����
The
attorney general shall adopt rules pursuant to chapter 91 to effectuate this
subsection, including rules to verify available cases and the consent and
assignment process.
"

����
SECTION 3.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION 4.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 5.
�
New statutory material is underscored.

����
SECTION 6.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Residential Real Property; Counties; Zoning Violations;
Penalties; Fines; Liens; Foreclosure; Attorney General

Description:

Establishes
penalties for an owner of real property's failure to remediate zoning violations,
including fines and liens.
�
Permits a
county planning or permitting agency or the Attorney General, or a private
entity under certain circumstances, to commence foreclosure proceedings if the
owner fails to satisfy certain conditions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.