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HB225
HOUSE OF REPRESENTATIVES
H.B. NO.
225
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Squatting
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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 squatting presents
a challenging and legally complex issue in the State.
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Black's Law Dictionary defines squatting as
"the unlawful occupation and use of a building or land as one's own
without permission or ownership rights."
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The legislature further finds that the most prevalent instances of
squatting in Hawaii are when a property owner cannot be contacted to make a
trespass complaint, leaving the property vacant or abandoned and accessible to
squatters.
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Without the property owner's
trespass complaint, law enforcement officers cannot remove squatters when
neighbors call to report public nuisances.
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This leaves the community without an effective legal remedy and hinders
the enforcement of trespass laws.
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The
legislature also finds that squatting sometimes presents complex legal issues.
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In some instances, a property owner may claim
that occupants are trespassing as squatters while the occupants claim they are
former or present tenants, with legal rights pursuant to chapter 521, Hawaii
Revised Statutes, the residential landlord-tenant code.
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The legislature recognizes that the eviction
process can be costly and time‑consuming for both parties and, therefore,
believes the issue should be studied to identify a more efficient process for
addressing squatting in Hawaii.
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Accordingly,
the purpose of this Act is to establish a working group to analyze the issue of
squatting in Hawaii and provide recommendations to address it effectively.
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SECTION
2.
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There is established within the
department of the attorney general for administrative purposes a working group to
examine and analyze the issue of squatting in Hawaii and provide
recommendations to address it effectively.
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The working group's analysis shall include:
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(1)
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A clear definition and understanding of the behaviors
or actions that constitute squatting;
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(2)
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Identification and analysis of the various
circumstances in which squatting may occur, including:
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(A)
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Vacant and abandoned properties;
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(B)
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Instances in which a property owner cannot be
located or contacted;
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(C)
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Instances in which a property is in the
process of foreclosure; and
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(D)
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Disputes between property owners and occupants
in which the property owner claims the occupant is squatting and the occupant
claims authorized residency as a former or current tenant;
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(3)
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Recommendations for addressing squatting in
each of the identified circumstances;
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(4)
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Recommendations to proactively prevent
squatting;
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(5)
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Recommendations to resolve community impacts
caused by squatting, including through the judicial system, law enforcement,
and community action; and
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(6)
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An analysis of policy and legislative
considerations regarding squatting, including trespass, adverse possession,
eviction, loitering, and termination of tenancy.
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SECTION 3.
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(a)
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Members of the squatting working group shall
include the following persons or their designees:
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(1)
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The attorney general, who shall serve as chair
of the working group;
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(2)
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The director of law enforcement;
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(3)
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The director of human services;
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(4)
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The director of commerce and consumer affairs;
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(5)
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A representative from the judiciary, to be
appointed by the chief justice;
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(6)
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The chief of police from each county;
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(7)
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The prosecuting attorney from each county;
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(8)
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The governor's coordinator on homelessness;
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(9)
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The chair of the senate standing committee having
primary subject-matter jurisdiction over the judiciary;
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(10)
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The chair of the house of representatives
standing committee having primary subject-matter jurisdiction over the judiciary;
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(11)
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The chair of the senate standing committee having
primary subject-matter jurisdiction over housing;
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(12)
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The chair of the house of representatives
standing committee having primary subject-matter jurisdiction over housing;
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(13)
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A representative from the Legal Aid Society of
Hawaii, who shall be invited to participate;
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(14)
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A representative from the Honolulu Tenants
Union, who shall be invited to participate;
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(15)
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A representative from the Hawaii Association
of Realtors, who shall be invited to participate;
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(16)
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A representative from the Chamber of Commerce
Hawaii, who shall be invited to participate;
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(17)
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A representative from the Hawaii Housing
Alliance, who shall be invited to participate;
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(18)
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A representative from the Hawaii Appleseed
Center for Law and Economic Justice, who shall be invited to participate;
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(19)
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A representative from the banking or mortgage
industry, who shall be invited to participate; and
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(20)
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Any other stakeholders as determined by the
chair, or a majority of members of the working group, including:
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(A)
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An individual having legal expertise on the
issue of squatting;
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(B)
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An individual having expertise in housing
policy;
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(C)
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Attorneys having expertise and experience in
the landlord-tenant code; provided that at least one shall have experience
representing landlords and at least one shall have experience representing
tenants; and
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(D)
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A representative from academia who has studied
squatting.
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(b)
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The members of the working group shall serve
without compensation but shall be reimbursed for expenses, including travel
expenses, necessary for the performance of their duties.
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(c)
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The working group shall cease to exist on
June 30, 2027.
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(d)
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The working group shall submit a preliminary
report of its findings and recommendations, including any proposed legislation,
to the legislature no later than twenty days prior to the convening of the
regular session of
2026.
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The working group shall submit a
final report of its findings and recommendations, including any proposed
legislation, to the legislature no later than twenty days prior to the
convening of the regular session of
2027.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Squatting;
Squatters; Working Group; AG; Landlord-Tenant Code; Property; Housing; Law Enforcement;
Trespass; Report to Legislature
Description:
Establishes
a working group within the Department of the Attorney General to study the
issue of squatting in Hawaii and provide recommendations.
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Requires reports to the legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.