A bill seeking to establish prelitigation mediation in eviction cases has passed the state House and has received committee referrals in the Senate.
House Bill 1439, which would establish and appropriate funds for a prelitigation mediation pilot program, passed its first Senate floor vote Tuesday. It was referred Thursday to the Commerce and Consumer Protection Committee and a joint session of the Judiciary and Ways and Means committees.
The measure — introduced by Rep. Troy Hashimoto, a Maui Democrat — would require landlords to participate in mediation before filing an action for summary possession of a rental unit. It also creates and appropriates funds for an emergency rent relief program.
An eviction moratorium instituted by former then-Gov. David Ige as part of his novel coronavirus-related emergency declaration expired on Aug. 6, 2021. A few weeks later, the U.S. Supreme Court struck down a federal moratorium.
Since then, 439 eviction cases were initiated by landlords in Hawaii Island courts. According to the state Judiciary, as of last week, judges ruled in favor of landlords in 128 cases, with 122 of those cases still being litigated. That would mean that in 109 cases, judges either ruled in favor of the tenants or ordered some type of mediation to take place.
The measure has received support from numerous community organizations, as well as the Judiciary, the Hawaii Public Housing Authority, and the state Department of Human Services.
District 2 County Councilwoman Jenn Kagiwada also provided written testimony in favor of the bill.
“Even as the health threats of the pandemic subside, rent assistance remains a critical component to ensuring housing stability and preventing evictions,” Kagiwada testified. “Our office is still fielding regular calls regarding need for rental support and assistance.”
She noted that the county Office of Housing’s Tenant Based Rental Assistance Program opened its waiting list in January for only one week and received 865 applications, of which funds only were available to assist about 20 households.
“The overwhelming need for support is still very clear and apparent,” she said.
In addition, the Hawaii Budget and Policy Center released a report last week titled “Keeping Hawaii Housed.”
According to the report, using a baseline of 2,500 evictions statewide annually and assuming that 25% of those evictions result in an applications for homeless services, the cost to the state for evictions yearly is about $30.7 million.
The report said Hawaii County disbursed $24 million in federal emergency rental assistance funds in December 2020 for eligible individuals struggling to make rent. There were 2,731 applications completed for which funds were disbursed, with an average of $3,143 received per approved applicant. There also were 2,131 applications denied, according to the report.
The report recommended the state take three steps it said would build “on the success of Hawaii’s COVID-19 eviction protections.” It noted that HB 1439 addresses its first two recommendations, which are a permanent rent relief program and with pretrial eviction mediation.
The third recommendation, which the study indicates isn’t covered by the bill, is to implement stronger renter protections in the form of a “just cause” eviction law. The study said that such a law, based on those adopted elsewhere, would further strengthen tenants’ protections and limit the harm caused by evictions.
“Safe, stable, affordable housing is a cornerstone of good health, economic prosperity and educational attainment,” said Will White, HBPC director. “However, far too many Hawaii renters are at risk of losing their housing through eviction because of the significant costs associated with housing.
“This widespread instability is fueling the state’s homelessness crisis and increasing rates of out-migration to the (mainland).”
Email John Burnett at jburnett@hawaiitribune-herald.com.
