HB1324 would create a state-funded tenant representation program for residential eviction and possession cases. The bill directs the Hawaii Judiciary, subject to available appropriations, to contract with designated nonprofit organizations, associations, or clinical training programs to provide legal services to residential tenants. Eligible low-income tenants would receive full legal representation from the filing of the case through its conclusion, or at minimum day-of-court representation if full representation is unavailable. Tenants above the eligibility threshold but still involved in possession actions could receive limited pro bono assistance, such as legal advice and help preparing documents.
The bill also authorizes attorneys, paralegals, and law students to provide these services, and allows paralegals and law students to appear in district court under attorney supervision. It amends the attorney licensing statute to make clear that this new tenant-representation authority applies in district court, and it includes a statement that the new section does not create a private right of action against the State or Judiciary. The measure appropriates general funds for fiscal years 2025-2026 and 2026-2027 to pay for the contracted services, though the dollar amount is left blank in the text provided.
Impact
HB1324 would amend Chapter 666, Hawaii Revised Statutes, by adding a new tenant-rights provision requiring the Judiciary to arrange legal representation services in residential possession proceedings. It would also modify Section 605-2 to create an exception to the general rule that only licensed attorneys may practice in court, allowing supervised paralegals and law students to appear for tenants in district court. The bill would primarily affect low-income residential tenants facing eviction or possession actions, as well as nonprofit legal aid providers, clinical programs, and the Judiciary, which would administer the program and contract for services.
Sentiment
The bill’s findings and structure indicate strong support for expanding tenant access to counsel in eviction cases, reflecting concern about housing instability and the large representation gap between landlords and tenants. The bill text frames the measure as a response to documented disparities and as a way to improve housing stability and case outcomes for tenants. No committee transcripts or recorded votes were provided, so there is no additional evidence of opposition or amendment debate in the supplied materials.
Contention
The main policy issues embedded in the bill are eligibility, funding, and who may provide representation. The bill limits full representation to tenants at or below 250 percent of the federal poverty level and excludes tenants who own property in the circuit where the case is filed, which may draw questions about fairness and scope. It also relies on appropriations and Judiciary contracting, so the availability of funding is central to implementation. Another potential point of contention is the authorization for paralegals and law students to appear in court under attorney supervision, which expands access but may raise concerns about practice standards and court procedure.
A resolution to direct the Clerk of the House of Representatives to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature.
Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.