The Hawaiʻi Supreme Court issued an opinion clarifying the use of emergency proclamations issued by the governor and county mayors.
A group of Maui residents sued the state over Gov. Josh Green's emergency proclamations on affordable housing. The first was issued over two years ago, and it continues to be renewed.
The emergency proclamation suspends many state and county building codes to expedite housing construction. The high court ruled that the first five proclamations were too broad because it applied to all types of housing, not just affordable.
When the proclamation was first challenged in September 2023, Green narrowed it to only apply to affordable housing. The Supreme Court's recent opinion upheld the subsequent proclamations.
Lance Collins, the lawyer representing the Maui residents, explained that the opinion is necessary to set clear limits on emergency powers.
“The Supreme Court says it repeatedly in the opinion that there is no case law on the extent of the use of emergency powers in Hawaiʻi,” he said.
“And so that's why they felt that it was incumbent on them to basically give this very extended analysis of, what is the standard that courts will review the actions of the governor or the mayors when they use their emergency powers. And so that's what they did," Collins said. "It will be able to inform the attorney general, corporation counsel, governors and mayors about what are the outer limits of their powers in an emergency.”
The opinion explained that emergency powers, “must be reasonably necessary to address the targeted emergency” and “the emergency measures must also be tailored to the specific crisis.”
It went on to say that although the court believes that even after two years the emergency proclamations on affordable housing are still needed, emergency powers are not meant to last forever if it is replacing what should be instead handled by the Legislature.
Green wrote in a statement that his administration is making it easier to build affordable housing.
“More affordable housing is necessary to reduce Hawai‘i's cost of living,” he wrote. “My administration has been working hard to break down obstacles that can impede affordable housing development. The Supreme Court's decision is another step forward as we continue this crucial work for the people of Hawaiʻi.”
The latest emergency proclamation on affordable housing was issued on July 29 and is still in effect.
