Bill Text: HI SCR115 | 2021 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requesting The University Of Hawaii To Examine And Assess The Reasonableness And Feasibility Of The Current Policies, Standards, Rules, Guidelines, And Procedures Governing The University Housing Program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2021-04-08 - Report adopted. referred to the committee(s) on FIN as amended in HD 1 with none voting aye with reservations; none voting no (0) and Representative(s) McDermott excused (1). [SCR115 Detail]

Download: Hawaii-2021-SCR115-Amended.html

THE SENATE

S.C.R. NO.

115

THIRTY-FIRST LEGISLATURE, 2021

S.D. 1

STATE OF HAWAII

Proposed

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING THE UNIVERSITY OF HAWAII TO EXAMINE THE REASONABLENESS AND FEASIBILITY OF THE EXISTING POLICIES, STANDARDS, RULES, GUIDELINES, AND PROCEDURES GOVERNING THE UNIVERSITY HOUSING PROGRAM.

 

 


     WHEREAS, the University is the only system of public education in Hawaii that is supported by state funds, uses public land set aside for university purposes, and is continually supported by other public resources; and

 

     WHEREAS, the University of Hawaii System (University) has a University housing program that is designed to provide housing resources (University faculty housing) to new University employees during their initial years at the University; and

 

     WHEREAS, the University faculty housing consist of three properties located in Manoa that are managed by Locations Property Management LLC; and

 

     WHEREAS, concerns have been raised over the administration of the University housing program, including its eligibility criteria, rent, and duration of tenancy; and

 

     WHEREAS, section 6 of article X of the Hawaii State Constitution, which grants the Board of Regents of the University exclusive jurisdiction over the internal structure, management, and operation of the University, specifically provides that the power of the Legislature to enact laws of statewide concern shall not be limited and that the Legislature shall have the exclusive jurisdiction to identify laws of statewide concern; and

 

     WHEREAS, the University's decision to grant University housing to its faculty results in the long-term commitment of public resources to the faculty; and

 

     WHEREAS, the Legislature deems that it is a matter of statewide concern to ensure that public resources expended for the University housing program are properly administered pursuant to reasonable policies, standards, rules, guidelines, and procedures; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the University of Hawaii, with the oversight of the Chairperson of the Board of Regents of the University of Hawaii, is requested to examine and assess the reasonableness and feasibility of the existing policies, standards, rules, guidelines, and procedures governing the University housing program; and

 

     BE IT FURTHER RESOLVED that the University and the Chairperson of the Board of Regents of the University are requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2022; and

 

     BE IT FURTHER RESOLVED that the report is requested to include, at minimum:

 

     (1)  A matrix of the properties constituting the University housing program and information on their tenants, including:

 

          (A)  Name of the property (e.g., Waahila Faculty Apartments);

 

          (B)  Address of the property, including apartment or unit number;

 

          (C)  Name of the person holding title to the property;

 

          (D)  Name of the person managing the property;

 

          (E)  Type of property (e.g., single-family dwelling, townhouse, condominium, apartment, etc.);

 

          (F)  Number and type of rooms (e.g., one bedroom, one bathroom, one parking space);

 

          (G)  Total square footage of each unit's living space, lanai, and storage area, if any;

 

          (H)  Fair market rental value of each unit;

 

          (I)  Whether the unit is occupied as of a specified date in 2021; and

 

          (J)  Tenant information for each unit, including:

 

               (i)  Faculty category and status (e.g., Researcher, Full-Time);

 

              (ii)  Number of individuals occupying the unit;

 

             (iii)  Monthly rent paid by the tenant faculty;

 

              (iv)  Tenancy start date and scheduled end date; and

 

               (v)  Whether the tenant-faculty owns or leases any other residential property in the State, and if so, the island on which the residential property is located;

 

     (2)  Assessment of the policies, standards, rules, guidelines, and procedures governing the University housing program, including the reasonableness, necessity, and feasibility of the eligibility criteria and maximum duration of tenancy permitted.  The assessment is requested to include:

 

          (A)  History, background, and reasoning behind the University's adoption of the existing policies, standards, rules, guidelines, and procedures, including when they were adopted, whether there have been amendments, and if so, the dates of and the reasonings behind the amendments;

 

          (B)  Detailed analysis on whether there is an eligibility criterion that prohibits faculty who owns or leases residential property on the island on which the faculty's worksite is located, from being a tenant of University faculty housing; and

 

          (C)  Historical assessment of whether the policies, standards, rules, guidelines, and procedures are being adhered to by the University and tenant-faculty, and if not, the reason for the non-adherence;

 

     (3)  Historical assessment of the lease or rental agreement with the tenant faculty, including the reasonableness, necessity, and feasibility of the terms and conditions.  The assessment is requested to include:

 

          (A)  Analysis on whether the lease or rental agreement prohibits a tenant-faculty from subletting the University faculty housing; and

 

          (B)  Assessment of whether the terms and conditions of the lease or rental agreement are being complied with by the lessors and lessees/tenant-faculty, and if not, the reason for the non-compliance;

 

     (4)  Assessment of the process and procedures by which the University ensures compliance by the University, the tenant-faculty, and third-party contractors with the policies, standards, rules, guidelines, and procedures governing the University housing program and the terms and conditions of the lease or rental agreement; and

 

     (5)  Assessment of the financial feasibility of the University housing program, including the breakdown of revenues and costs for the past ten years.  The financial assessment is requested to include the breakdown of fees paid for the program, including property management fees, maintenance fees, and custodial fees; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the University of Hawaii System and Chairperson of the Board of Regents of the University of Hawaii System.

Report Title:

University of Hawaii; Board of Regents of the University of Hawaii; University Housing Program; Faculty Housing; Policies, Standards, Rules, Guidelines, and Procedures; Eligibility Criteria; Lease Agreement; Rental Agreement; Terms and Conditions; Examination and Assessment; Report

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