The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the House Committee on Housing on Feb. 12, 2025.
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Feb. 12, 2025, 9 a.m.
Hawaii State Capitol
Conference Room 430 and Videoconference
To: House Committee on Housing
Rep. Luke A. Evslin, Chair
Rep. Tyson K. Miyake, Vice Chair
From: Grassroot Institute of Hawaii
Ted Kefalas, Director of Strategic Campaigns
RE: TESTIMONY IN SUPPORT OF HB709 — RELATING TO TRESPASSING
Aloha Chair Evslin, Vice Chair Miyake and other members of the Committee,
The Grassroot Institute of Hawaii supports HB709, which would establish a procedure for removing unlawful occupants, otherwise known as squatters, from residential real property.
Squatting is more than just trespassing. It occurs when a person occupies another’s property without any legal claim and without the consent or permission from the owner.
This bill is needed because trespassing is a criminal offense, but removing squatters is treated as a landlord-tenant dispute. However, squatters are not actually tenants and have no incentive to cooperate, making landlord-tenant laws an ineffective way to approach the problem.
In addition, the civil process of eviction can be expensive and time-consuming, so property owners can be locked out of their own homes for months or years while trying to remove an unlawful occupant.
In the meantime, the unlawful tenant can cause damage to the property or accumulate utility bills and other costs that will fall onto the property owner.
In Hawaii, squatters can cause problems for the community by trashing the property or using it as a base for criminality, making this an issue of public safety in addition to one of property rights. For example, neighborhood watch groups on Hawaii Island appealed a few years ago to local lawmakers for help in reducing squatting after seeing an increase in criminal behavior from squatters — including assault and drug trafficking.
Other states facing similar problems have turned to legislation such as the bill you are considering today, HB709, in order to streamline the removal process for unlawful occupants.
According to a recent report from the Pacific Legal Foundation, the time required to remove unlawful tenants in Georgia, which adopted such a law in April 2024, has dropped from an average of eight months to less than two weeks
The PLF report noted that as of May 2024, Alabama, California, Florida, Georgia, Nevada, Tennessee, Washington and West Virginia had passed laws that criminalize squatting, while 11 other states have introduced bills to do so.
Grassroot recommends that Hawaii pass such a law as well. HB709 would not only reaffirm property rights, but also enable the counties to more quickly deal with the health and safety concerns posed by criminal trespassing and squatting.
Thank you for the opportunity to testify.
Ted Kefalas
Director of Strategic Campaigns
Grassroot Institute of Hawaii
