STAND. COM. REP. NO. 2336

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2002

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

 

Sir:

 

     Your Committee on Human Services, to which was referred S.B. No. 2002 entitled:

 

"A BILL FOR AN ACT RELATING TO FAIR HOUSING REASONABLE ACCOMMODATIONS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Codify the administrative definition of "assistance animal";

 

     (2)  Clarify the type of verification that may be provided by the individual to establish the need for an assistance animal; and

 

     (3)  Specify that possession of a vest or other distinguishing animal garment, tag, or registration document commonly purchased online and purporting to identify an animal as a service animal or assistance animal does not constitute valid verification of a disability-related need for an assistance animal.

 

     Your Committee received testimony in support of this measure from the Hawaii Civil Rights Commission, Hawaii Association of REALTORS®, and Community Associations Institute Legislative Action Committee.

 

     Your Committee finds that the term "service animal" applies in the general context of the federal Americans with Disabilities Act, while the broader term "assistance animal", which is used under the federal and state fair housing laws, includes a wider spectrum of animals that provide support, including emotional support animals and service animals.  This measure defines "assistance animals" and clarifies the type of verification that may be provided to establish the need for the assistance animal.  Your Committee finds that this measure is necessary to improve processes for an individual with a disability to request a reasonable accommodation for an assistance animal and for landlords who receive these requests.

 

     Your Committee notes the testimony from the Hawaii Civil Rights Commission raising concerns that the verification process in this measure substantively differs from the process set forth in the rules adopted by the commission, which reflect the provisions in the federal Fair Housing Act.

 

     Accordingly, your Committee has amended this measure by:

 

     (1)  Amending section 3 to reflect the verification process and requirements set forth in the rules adopted by the Hawaii Civil Rights Commission; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Human Services that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2002, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2002, S.D. 1, and be referred to your Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committee on Human Services,

 

 

 

________________________________

JOY A. SAN BUENAVENTURA, Chair