URGING THE UNITED STATES CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO ALLOW STATES TO RESTRICT THE PURCHASE OF RESIDENTIAL REAL PROPERTY TO STATE RESIDENTS.

HCR87

HOUSE OF REPRESENTATIVES

H.C.R. NO.

87

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE CONCURRENT

RESOLUTION

URGING THE UNITED STATES CONGRESS TO PROPOSE AN AMENDMENT
TO THE UNITED STATES CONSTITUTION TO ALLOW STATES TO RESTRICT THE PURCHASE OF
RESIDENTIAL REAL PROPERTY TO STATE RESIDENTS
.

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WHEREAS, Hawaii
faces one of the most severe housing affordability crises in the nation, with
median home prices far exceeding the purchasing power of Hawaii residents; and

WHEREAS, a significant
contributing factor to Hawaii's escalating housing prices is the high volume of
purchases by out
‑
of
‑
state buyers, including
individuals and corporate entities who acquire residential real property as
investment assets, vacation homes, or short
‑
term rental inventory,
thereby reducing available housing stock for Hawaii residents; and

WHEREAS, these out
‑
of
‑
state
acquisitions place upward pressure on home prices statewide, making it
increasingly difficult for Hawaii residents to afford homes in their own
communities; and

WHEREAS, Hawaii's unique
geographic isolation, limited land availability, and culturally distinct
communities amplify the impact of speculative and external real estate demands
more acutely than in other states; and

WHEREAS, residents across the
State report being priced out of their neighborhoods, displaced from multi
‑
generational
communities, or prevented from purchasing a first home due to competition from
out
‑
of
‑
state
buyers having significantly greater financial resources; and

WHEREAS, despite these
challenges, Article IV, Section 2, Clause 1 of the United States Constitution, the
Privileges and Immunities Clause, currently prohibits states from limiting the
purchase of residential real property based on state residency, thereby preventing
Hawaii from enacting laws that would reserve its limited residential land for
its own residents; and

WHEREAS, numerous states,
including Hawaii, have expressed growing concern regarding the effect of
interstate and international speculative investment on local housing markets
and have sought federal relief to better regulate residential real property
ownership for the benefit of their residents; and

WHEREAS, only an amendment to
the United States Constitution can provide states with the authority to enact
residency
‑
based restrictions on the purchase of residential
real property; now, therefore,

BE IT RESOLVED by the House of
Representatives of the Thirty-third Legislature of the State of Hawaii, Regular
Session of 2026, the Senate concurring, that the United States Congress is
urged to propose an amendment to the United States Constitution expressly authorizing
states to enact laws restricting the purchase of residential real property to
bona fide state residents; and

BE IT FURTHER RESOLVED that
certified copies of this Concurrent Resolution be transmitted to the Majority
Leader of the United States Senate, the Speaker of the United States House of
Representatives, and each member of Hawaii's congressional delegation.

OFFERED BY:

_____________________________

Report Title:

Homeownership;
State Residents; United States Constitutional Amendment; Congress