REQUESTING THE DEPARTMENT OF HEALTH TO ESTABLISH A WORKING GROUP TO STUDY ACCESSIBILITY BARRIERS FOR MULTI-FAMILY HOUSING NOT COVERED BY THE FEDERAL FAIR HOUSING ACT AND GOVERNED BY CONDOMINIUM ASSOCIATIONS AND PLANNED COMMUNITY ASSOCIATIONS.

SCR97

THE SENATE

S.C.R. NO.

97

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

REQUESTING THE department of health to establish a
working group TO STUDY ACCESSIBILITY BARRIERS for multi-family housing not
covered by the federal fair housing act and GOVERNED BY condominium
ASSOCIATIONS and planned community associations
.

����
WHEREAS, the
ability of kupuna and residents with disabilities to remain in their homes and
communities with dignity and independence is essential to individual well‑being
and community stability; and

����
WHEREAS, aging
in place reduces reliance on institutional care and may mitigate public costs
associated with premature placement in skilled nursing facilities or other
institutional care; and

����
WHEREAS, approximately
twenty-one percent of the State's residents are age sixty‑five or older,
and the elder population is projected to grow substantially in the coming
decades; and

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WHEREAS, many
condominium and planned community association properties were built before
federal and state accessibility standards, such as the federal Fair Housing Act,
resulting in multi-family housing that often lack accessible features; and

����
WHEREAS, modifications
to common areas in older condominiums and planned communities may
unintentionally create or worsen barriers for residents with mobility
limitations, and disputes frequently arise regarding whether condominium and
planned community associations must install or fund accessibility improvements;
and

����
WHEREAS, residents
requesting minor accessibility modifications may face significant personal
costs; and

����
WHEREAS, the State
lacks comprehensive data on the prevalence of these disputes, the financial
impacts on residents, and the statewide implications of addressing
accessibility gaps; now, therefore,

����
BE IT
RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii,
Regular Session of 2026, the House of Representatives concurring, that the Department
of Health is requested to establish a working group to conduct a study on
accessibility barriers for multi-family housing not covered by the federal Fair
Housing Act and governed by condominium associations and planned community
associations; and

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BE IT FURTHER
RESOLVED that the working group is requested to comprise the following members
or their designees:

����
(1)
�
The Executive Director of the Disability and
Communication Access Board, who is requested to serve as chair;

����
(2)
�
The Director of Commerce and Consumer Affairs;

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(3)
�
The Director of the Executive Office on Aging;

����
(4)
�
The Executive Director of the Hawaii Civil
Rights Commission;

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(5)
�
The President of the Hawaii Council of
Associations of Apartment Owners; and

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(6)
�
Any other individual recommended by the chair;
and

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BE IT FURTHER
RESOLVED that the study is requested to examine:

����
(1)
�
The prevalence and nature of accessibility‑related
disputes between homeowners and condominium and planned community associations;

����
(2)
�
The interaction between multi-family housing
not covered by the federal Fair Housing Act and obligations under the Fair
Housing Act and chapter 515, Hawaii Revised Statutes, relating to reasonable
accommodations and reasonable modifications;

����
(3)
�
Whether state law adequately clarifies
condominium association and planned community association responsibilities for
accessibility modifications to common elements;

����
(4)
�
The effects of accessibility barriers on
residents' ability to age in place;

����
(5)
�
The feasibility and potential benefits of a
state matching assistance fund or grant program to help offset costs of access
modifications;

����
(6)
�
Estimated annual state costs under various
funding models, including income‑based eligibility, cost‑sharing
ratios, or household caps; and

����
(7)
�
Potential long‑term savings from
reducing early institutionalization or displacement of residents with
disabilities; and

����
BE IT FURTHER
RESOLVED that the Department of Health is requested to submit a report of
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; and

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BE IT FURTHER
RESOLVED that certified copies of this Concurrent Resolution be transmitted to
the Director of Health, Director of Commerce and Consumer Affairs, Director of
the Executive Office on Aging, Executive Director of the Disability and
Communication Access Board, Executive Director of the Hawaii Civil Rights
Commission, and President of the Hawaii Council of Associations of Apartment
Owners.

OFFERED BY:

_____________________________

Report Title:
�

DOH;
DCCA; Executive Office on Aging; Disability and Communication Access Board;
Hawaii Civil Rights Commission; Condominium Associations; Planned Community
Associations; Accessibility; Study