SB2396 would require the Department of Commerce and Consumer Affairs to create and maintain a public Registry of Agents on the Office of Consumer Protection website. Absentee owners and landlords would have to register their on-island agents and the properties those agents manage within 30 days of designation, and update the registry when contact information or managed properties change. The bill also expressly prohibits an absentee owner or landlord from naming the tenant as the agent.
The bill further amends Hawaii’s landlord-tenant law to require absentee owners or landlords to keep a same-island agent and to disclose that agent’s name and contact information in written rental agreements, or provide it in writing upon request for oral rental agreements. In the condominium context, it requires out-of-state or inter-island owners to designate an on-island agent and provide the association board with that agent’s name and current address, which must be reflected in the association’s records. The measure is set to take effect on July 1, 3000, indicating it is drafted as a placeholder effective date rather than an immediate operative change.
Impact
The bill would amend Chapter 521, Hawaii Revised Statutes, governing landlord-tenant relationships, and Section 514B-153 governing condominium association records and owner contact information. It adds a new administrative registry requirement for absentee owners and landlords, expands disclosure obligations to tenants and the Department of Commerce and Consumer Affairs, and clarifies that tenants may not serve as the required on-island agent. It also affects condominium associations by requiring them to maintain current on-island agent information for nonresident members and include that information in association records.
Sentiment
The available voting history suggests the bill was received favorably in the Senate Commerce and Consumer Protection Committee, where it passed 5-0 with amendments. No committee transcript is available in the provided materials, so there is no recorded floor or hearing debate to indicate broader support or opposition. Overall, the bill appears to have been treated as a consumer-protection and property-administration measure rather than a controversial proposal.
Contention
The main policy issues apparent from the text are the burden on absentee owners and landlords to register with the state and keep information current, the public accessibility of the registry, and the prohibition on designating tenants as agents. Condominium owners who live off-island or out of state may also object to the added disclosure and recordkeeping requirements. On the other hand, the measure is likely supported by tenant advocates, consumer protection interests, and condominium boards seeking reliable local contacts for service, notices, and enforcement.