The Hawaii Supreme Court ruled Thursday that Gov. Josh Green acted within his authority in issuing a series of emergency proclamations to address the state’s affordable housing crisis.
At issue was Green’s invocation of Hawaii Revised Statutes Chapter 127A to assume emergency powers and, starting July 17, 2023, issue several 60-day emergency proclamations that suspended certain laws and streamlined procedures in an effort to expedite the construction of affordable housing projects. The orders led to, among other things, the establishment of a state lead housing officer and the Build Beyond Barriers Working Group.
A group of 10 plaintiffs from Oahu, Maui and Kauai initially filed a writ of quo warranto (an order to show by what authority a party has to assert power or control) against the lead housing officer and the working group asserting that Green overstepped his authority in their creation. That action was dismissed but the plaintiffs subsequently filed an amended complaint for declaratory relief against Green and the Hawaii Housing Finance and Development Corporation. That, too, was dismissed, leading to an appeal and transfer to the Supreme Court.
On Thursday, the court ruled that Green’s emergency proclamations relating to affordable housing (now in the 14th iteration) are valid.
“More affordable housing is necessary to reduce Hawaii’s cost of living,” said Green. “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 Hawaii.”
In its ruling, the Supreme Court affirmed the governor’s standing to issue the proclamations and acknowledged how the state’s lack of affordable housing has driven the high cost of living and negatively impacted vulnerable populations and the resident population at large.
“Today’s decision is an affirmation of the authority given the governor to respond quickly to emergencies that threaten the health, safety and welfare of Hawaii residents,” said Deputy Solicitor General Ewan Rayner, who represented Green. “The decision recognizes the governor’s authority to recognize and declare such emergencies, and to take reasonable measures in response.”
Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.
