Government Affairs Update
February 6, 2009
THE FORECLOSURE BILLS
On February 4, 2009 several bills were heard before the House Housing Committee with the intent of addressing evictions for tenants whose property has been foreclosed on. Currently these bills are deferred to February 11th pending discussion with interested stakeholders:
HB202 Testimony (120 days notice by new owner)
HB331 Testimony (60 days notice)
HB433 Testimony (Landlord to give 30 day notice)
HB522 Testimony (Lenders to give 45 day notice)
HB525 Testimony (Lender or new owner subject to rental agreement)
HAR agrees that good tenants, who may find themselves and their family out on the street without warning, need some form of protection and notice. As such, HAR’s position is for the landlord to give 45 day’s notice of foreclosure which is consistent with the Landlord Tenant Code.
There are also other concerns that HAR is working to address, such as:
1. Security deposits;
2. Responsibilities of property manager who may be unaware of foreclosure proceedings; and
3. Which parties (landlord, lender, new owner, etc.) should be responsible for giving notice.
TOP INITIATIVE UPDATE
Unauthorized Practice of Law
H.B. 1561 was deferred so that the Committee could look into the status of S.B. 1044 which incorporates other licensed classes, such as physicians, architects, accountants, etc.
Mortgage Rescue Fraud Prevention Act
H.B. 233 was deferred to check the amendments of the Senate version S.B. 34 which passed unanimously.
Historic Preservation
There are many different versions with varying technicalities. The Senate versions are currently being researched more as feedback is sought from different stakeholders.
Private Transfer Fees
The Mortgage Bankers’ Association of Hawai‘i and Community Association Institute had some issues with H.B. 874 and HAR will provide amendments to clarify the intent, purpose and scope of the legislation.
Also, keep up to date on the status of all of the top initiative bills and testimony submitted through our testimonies page. Click here