Hawaii 2025 Regular Session

Hawaii House Bill HB463

Introduced
1/21/25  
Refer
1/21/25  
Report Pass
2/6/25  
Refer
2/6/25  
Report Pass
2/14/25  
Refer
2/14/25  
Report Pass
2/28/25  
Engrossed
3/4/25  
Refer
3/6/25  
Refer
3/14/25  
Report Pass
3/21/25  

Caption

Relating To Eviction Records.

Summary

HB463 addresses eviction records and the long-term housing consequences that can follow even when an eviction case does not end in a landlord victory. The bill does not directly change eviction law immediately; instead, it directs the Judiciary to study whether and how it could remove, or “disassociate,” a residential tenant’s name from publicly accessible electronic court databases in certain eviction cases. The study must examine several possible eligibility scenarios, including cases dismissed or resolved without a landlord judgment, cases where all parties agree, and tenant-initiated requests based on limited judgments, housing voucher situations, domestic violence-related cases, discrimination, certain landlord statutory violations, settlements without possession, or other grounds the court finds appropriate. The measure also requires the Judiciary to evaluate whether its information management system can be modified to carry out these disassociations, whether such changes could distinguish residential from commercial summary possession cases, and whether any changes should apply only prospectively rather than retroactively. The Judiciary must report its findings, recommendations, and any proposed legislation to the Legislature before the 2026 regular session. The bill includes an appropriation from general revenues to fund the study, though the amount is left blank in the text provided. If implemented in future legislation, the bill could affect how eviction records appear in Hawaii’s public court databases and how tenant-screening companies and landlords use those records in housing decisions. As written, however, HB463 mainly creates a study and reporting requirement rather than an immediate substantive change to eviction procedures or record-sealing rules. It would place the Judiciary at the center of evaluating both policy and technical feasibility, including database programming and the scope of public access to case information. The general sentiment reflected in the bill text is strongly supportive of tenant protections and concerned about the collateral consequences of eviction filings, especially when cases are dismissed or otherwise do not result in possession for the landlord. The available vote history suggests the bill advanced with some support but not unanimity, passing the Senate Commerce and Consumer Protection Committee 2-1 with amendments. That indicates broad interest in studying the issue, but also some caution about the proposal’s scope, implementation, or effects on court records and landlord interests. The main points of contention are likely the balance between tenant privacy and public access to court records, the feasibility of modifying the Judiciary’s information systems, and whether disassociation should be available only in narrow circumstances or more broadly. The bill’s findings emphasize that eviction filings can be used as leverage against tenants and can create lasting barriers to housing, while potential opponents may be concerned about record integrity, transparency, administrative burden, and the impact on landlords’ ability to screen applicants.

Impact

HB463 would not immediately amend Hawaii’s landlord-tenant eviction statutes, but it would require the Judiciary to study possible changes to how eviction cases are displayed in publicly accessible electronic databases. The bill directs analysis of whether tenants’ names can be removed from online case records in specified circumstances and whether the court system can technically support that change, including distinctions between residential and commercial summary possession cases. It also appropriates state funds for the study and requires a report with findings and possible draft legislation, which could lead to future amendments affecting court-record access, tenant screening, and eviction record retention practices.

Sentiment

The bill’s tone and findings are strongly pro-tenant and reflect concern that even unsuccessful eviction filings can cause lasting harm by appearing in public records and being used by landlords and screening companies. The committee vote history shows the measure moved forward with some support but not complete consensus, as the Senate Commerce and Consumer Protection Committee passed it 2-1 with amendments. Overall, the sentiment appears favorable toward exploring tenant protections, while recognizing the need to study implementation details before making a final policy change.

Contention

The most notable contention is between protecting tenants from the collateral consequences of eviction filings and preserving the accessibility and reliability of court records for landlords, courts, and screening services. Another likely point of dispute is the breadth of the proposed disassociation criteria, which include dismissed cases, agreed disassociations, low-dollar judgments, voucher-related evictions, domestic violence-related cases, discrimination claims, and other court-determined grounds. There may also be disagreement over whether the Judiciary can practically modify its information management system, whether changes should apply retroactively, and how much administrative complexity or cost the proposal would create.

Companion Bills

HI SB154

Same As Relating To Eviction Records.

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