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HB2227
HOUSE OF REPRESENTATIVES
H.B. NO.
2227
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to eviction records
.
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 evictions are
costly and disruptive for landlords and residential tenants and may also have
severe and long
‑
lasting impacts on residential tenants.
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Once evicted, tenants are often required to
secure a new residence, incur moving expenses, experience damage to their
credit scores, and bear other financial burdens, including rental application
fees and security deposits, as well as costs incurred by landlords during the
eviction process.
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The
legislature further finds that the mere filing of an eviction action against a
residential tenant, regardless of merit, can create a long-term barrier to
access to housing.
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Eviction records are
created at the time a landlord files a complaint with the court, and even when
a landlord does not prevail or withdraws the action, the eviction filing
remains publicly accessible.
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Companies
engaged in tenant screening collect and sell this information, and landlords
often rely on these records when evaluating rental applicants, typically
without regard to the outcome of the case.
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As a result, residential tenants may face
housing denials based solely on the filing of an eviction action, which can
also be used as leverage to pressure tenants to vacate a dwelling even when
they have legitimate defenses or disputes.
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The
purpose of this Act is to reduce unnecessary and harmful barriers to housing
stability by limiting public access to summary possession court records unless
and until a writ of possession is issued.
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SECTION
2
.
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Section 604-6,
Hawaii Revised Statutes, is amended to read as follows:
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�604-6
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Ejectment proceedings.
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(a)
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Nothing in section 604-5 shall preclude a district court from taking
jurisdiction in ejectment proceedings where the title to real estate does not
come in question at the trial of the action.
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(b)
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If the defendant is defaulted or if on the
trial it is proved that the plaintiff is entitled to the possession of the
premises, the court shall give judgment for the plaintiff and shall issue a
writ of possession.
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The rules of court
shall govern the stay of a writ of possession.
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(c)
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Beginning ,
from the commencement of a summary possession proceeding until such time as a
writ of possession is issued, the court shall not make available on the
judiciary's publicly accessible electronic databases any judiciary files or
other information pertaining to the action.
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If a writ of possession is issued
in the action, the court shall make available on the judiciary's publicly
accessible electronic databases its files and other information pertaining to
the summary possession proceeding.
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Judiciary;
Summary Possession Proceedings; Eviction Records; Public Access
Description:
Limits
public access to summary possession records on the Judiciary's publicly
accessible electronic databases unless and until a writ of possession is
issued.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.