Key Takeaways
- Hawaii Fair Housing Law (HRS Chapter 515) adds protected classes beyond federal law
- Hawaii prohibits discrimination based on ancestry, marital status, and HIV status in addition to federal classes
- The Hawaii Civil Rights Commission investigates and enforces fair housing complaints
- Complaints must be filed within 180 days of the discriminatory act
- Exemptions exist for owner-occupied small properties and religious organizations
Last updated: January 2026
Hawaii Fair Housing
Hawaii's Fair Housing Law (HRS Chapter 515) provides broader protections than federal fair housing law.
Protected Classes
Federal Protected Classes (7)
| Class | Description |
|---|---|
| Race | Any racial group |
| Color | Skin color |
| Religion | Any religious belief |
| National Origin | Country of birth, ancestry |
| Sex | Gender, includes pregnancy |
| Familial Status | Families with children under 18 |
| Disability | Physical or mental impairment |
Hawaii Additional Protected Classes
| Class | Description |
|---|---|
| Ancestry | Ethnic or ancestral heritage |
| Marital Status | Single, married, divorced, widowed |
| HIV Status | HIV infection or AIDS status |
| Age | Protection for adults |
| Sexual Orientation | Added by state law |
| Gender Identity | Added by state law |
Key Difference: Hawaii adds ancestry, marital status, and HIV status as protected classes beyond federal law.
Prohibited Practices
In Sales and Rentals
| Prohibited Action | Example |
|---|---|
| Refusal to rent/sell | Based on protected class |
| Different terms | Higher rent or deposit |
| Discriminatory advertising | "No children" |
| Steering | Directing to certain areas |
| Blockbusting | Inducing panic selling |
| Discrimination in services | Different treatment |
Enforcement
Hawaii Civil Rights Commission
The Hawaii Civil Rights Commission (HCRC) enforces state fair housing law:
| Function | Description |
|---|---|
| Investigate complaints | Receive and process complaints |
| Mediation | Attempt to resolve disputes |
| Determine cause | Find whether discrimination occurred |
| Administrative hearing | If cause is found |
| Remedies | Order relief and damages |
Filing a Complaint
| Requirement | Details |
|---|---|
| Timeline | Within 180 days of discrimination |
| Where to file | Hawaii Civil Rights Commission |
| Cross-filing | May also file with HUD |
| No cost | Free to file complaint |
Remedies Available
| Remedy | Description |
|---|---|
| Actual damages | Economic and emotional harm |
| Injunctive relief | Stop the discrimination |
| Civil penalties | Fines for violations |
| Attorney's fees | If complainant prevails |
Exemptions
Limited Exemptions
| Exemption | Conditions |
|---|---|
| Owner-occupied (4 or fewer units) | No broker used, no discriminatory ads |
| Single-family home (owner) | No broker used, no discriminatory ads |
| Religious organizations | For members, non-commercial |
| Private clubs | For members only |
| Senior housing | 55+ or 62+ communities |
Warning: Exemptions do NOT apply if a real estate broker is used or discriminatory advertising is made.
Disability Accommodations
Reasonable Accommodations
Landlords and sellers must provide:
| Accommodation | Description |
|---|---|
| Policy changes | Modify rules for disabled persons |
| Physical modifications | Allow tenant modifications at tenant's expense |
| Service animals | Cannot refuse based on pet policies |
| Assistance animals | Emotional support animals included |
Housing Design Requirements
New multifamily housing must include:
| Feature | Requirement |
|---|---|
| Accessible entrances | At least one accessible entrance |
| Accessible common areas | Hallways, common rooms |
| Usable doors | Wide enough for wheelchairs |
| Accessible routes | Through dwelling unit |
| Adaptive features | Reinforced walls for grab bars |
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Test Your Knowledge
Which of the following is a protected class in Hawaii but NOT under federal fair housing law?
A
B
C
D
Test Your Knowledge
Within what time period must a fair housing complaint be filed with the Hawaii Civil Rights Commission?
A
B
C
D