Hawaii Fair Housing Act: Protected Classes, Complaints, and Penalties

The Hawaii Fair Housing Act, codified at Hawaii Revised Statutes Chapter 515, bars discrimination in renting, selling, and financing housing across a longer list of protected characteristics than federal law covers, and it is enforced by the Hawaiʻi Civil Rights Commission alongside the federal Fair Housing Act.1Justia Law. Hawaii Revised Statutes 515-3 – Discriminatory Practices2Hawaiʻi Civil Rights Commission. Hawaiʻi Civil Rights Commission Home Page Both layers apply at once, so whichever standard gives you more protection is the one that controls.

Who’s Protected in Hawaii

Federal law protects seven categories: race, color, national origin, religion, sex, familial status, and disability.3U.S. Department of Housing and Urban Development. Housing Discrimination Under the Fair Housing Act – Section: Who Is Protected? Hawaii keeps all of those and adds more. Under HRS 515-3, it is illegal to discriminate in a real estate transaction based on:

The HIV protection has real teeth: a landlord in Hawaii cannot require an applicant to take an HIV test as a condition of renting or buying, and cannot use a known HIV-positive status to deny housing.

Section 8 Vouchers

A separate law, HRS Chapter 368F, took effect on May 1, 2023. It prohibits landlords from refusing tenants who pay through a Section 8 Housing Choice Voucher or a Permanent Supportive Housing program. The ban reaches advertising a unit as not accepting vouchers, refusing to negotiate with a voucher holder, and imposing different lease conditions on voucher participants.4Hawaiʻi Civil Rights Commission. Hawaiʻi Law Prohibits Housing Discrimination Based on Participation in the Section 8 Voucher Program The rule applies mainly to landlords who own more than four rental properties.5County of Hawaiʻi. New Law Prohibits Discrimination Against Tenants With Housing Vouchers First-offense penalties start at up to $2,000.

What Counts as Discrimination

Discrimination rarely announces itself. It usually shows up as something that feels slightly off compared to how another applicant was treated. Hawaii’s statute names the specific acts that qualify:

  • Refusing to rent, sell, negotiate, or pass along a legitimate offer
  • Charging a higher deposit, demanding extra rent up front, or applying stricter lease conditions to certain tenants
  • Telling you a unit is taken when it isn’t, or failing to bring an available listing to your attention
  • Steering renters or buyers toward or away from particular neighborhoods, buildings, or floors1Justia Law. Hawaii Revised Statutes 515-3 – Discriminatory Practices

Advertising is a separate concern. A rental listing that says “no kids,” “young professionals preferred,” or “ideal for a single person” can violate both state and federal law, even if the wording was careless rather than deliberate.6Civil Rights Division. The Fair Housing Act Lenders face parallel rules: denying a mortgage, inflating a rate, or applying stricter underwriting to someone in a protected class is illegal under the Fair Housing Act and the Equal Credit Opportunity Act.

Disability Accommodations and Assistance Animals

If you have a disability, Hawaii law requires housing providers to work with you in two ways: allowing physical changes to your unit and adjusting rules that create barriers.

You can make reasonable physical modifications at your own expense, such as installing grab bars, widening a doorway, or adding a ramp. A landlord cannot refuse unless the change would fundamentally alter the property’s structure, and for a rental the landlord can require you to restore the interior when you move out, minus normal wear.1Justia Law. Hawaii Revised Statutes 515-3 – Discriminatory Practices7eCFR. 24 CFR 100.203 – Reasonable Modifications of Existing Premises

Housing providers must also adjust policies when needed. The most common example is allowing an assistance animal in a building with a no-pet policy. A landlord may impose reasonable restrictions but cannot flatly refuse. If your disability is not obvious, the landlord can ask for documentation confirming you have a disability that substantially limits a major life activity. The landlord cannot demand your medical records.

A Federal-State Gap on Assistance Animals

In May 2026, HUD announced it will align its enforcement standard with the Americans with Disabilities Act definition of “service animal.” Federally, HUD will now pursue complaints only where the animal is individually trained to perform tasks related to the owner’s disability. Untrained emotional support animals no longer receive the same federal enforcement backing they had under prior HUD guidance.

Hawaii law still requires reasonable accommodations for assistance animals, and the state statute does not impose a trained-animal requirement. A request that HUD would now decline to investigate can still be enforceable through the Hawaiʻi Civil Rights Commission. If you are refused an emotional support animal accommodation in Hawaii, the state complaint route is where your case has traction.

When the Law Doesn’t Apply

The exemptions are narrower than most landlords believe, but they exist.

Federally, two situations are exempt from most fair housing rules, though not from the ban on discriminatory advertising: owner-occupied buildings with four or fewer units where the owner lives in one, and single-family homes rented by a private owner who owns no more than three such houses and uses no real estate agent.8Office of the Law Revision Counsel. 42 USC 3603 – Effective Dates of Certain Prohibitions

Hawaii’s exemptions are tighter. The state anti-discrimination rules do not apply to a two-family dwelling where the owner lives in one unit, or to room rentals of up to four rooms in an owner-occupied home.9Hawaiʻi Civil Rights Commission. Hawaii Administrative Rules 20 – Section: 12-46-313 Exemptions Qualified senior housing is also exempt from age and familial status protections. No exemption ever permits racial discrimination; the Civil Rights Act of 1866 bars that in all property transactions without exception.

Retaliation Is Illegal

Filing a complaint, testifying in an investigation, or helping someone else exercise their fair housing rights is protected activity. Hawaii’s administrative rules prohibit retaliation, threats, or discrimination against anyone who does any of those things.10Hawaiʻi Civil Rights Commission. Hawaii Administrative Rules 20 – Section: 12-46-310 Prohibited Interference, Coercion, or Intimidation Federal law does the same under Section 3617 of the Fair Housing Act.11Office of the Law Revision Counsel. 42 USC 3617 – Interference, Coercion, or Intimidation

Retaliation often shows up as a rent increase right after an accommodation request, an eviction notice days after a complaint, or a sudden refusal to renew a lease after cooperation with an investigation. The retaliatory motive does not have to be the only reason for the landlord’s action. If it was one factor, that can be enough, and tight timing between your protected activity and the landlord’s adverse action strengthens the case.

How to File a Complaint

You can file with the Hawaiʻi Civil Rights Commission, with HUD, or both. The two agencies coordinate, and federal complaints are often referred back to the HCRC for investigation. You can also skip administrative filing and go straight to court, though most people start with an agency complaint because it costs nothing and the agency handles the investigating.

The HCRC provides a Housing Pre-Complaint Questionnaire on its website to start the process.12Hawaiʻi Civil Rights Commission. Forms The complaint has to be in writing and signed, and you can submit it by mail, in person, or electronically.13Hawaiʻi Civil Rights Commission. Hawaii Administrative Rules 1 – Section: 12-46-5 Filing of Complaint Before filing, gather:

  • The name and address of the person or company involved
  • The dates and locations of each incident
  • What was said or done
  • Which protected characteristic you believe was targeted
  • Every related email, text, voicemail, or written notice

Once the complaint is accepted, the HCRC must begin investigating within 30 days for housing cases.14Hawaiʻi Civil Rights Commission. Hawaii Administrative Rules 1 – Section: 12-46-12 Investigation, Fact-Finding Conference, and Discovery Investigations typically include a fact-finding conference where both sides present evidence, and the HCRC can subpoena documents and compel testimony. If conciliation fails and the investigation finds reasonable cause, the matter moves to an administrative hearing or, in some situations, to court.

Deadlines You Cannot Miss

A missed deadline can end a valid claim. Three matter:

The 180-day state deadline is the shortest and the one most people miss. If something happened five months ago and you’re still weighing options, you’re close to losing the HCRC route. HUD buys more time, a private lawsuit buys the most, and starting with the HCRC is free and preserves your ability to file a lawsuit later if the administrative process doesn’t resolve things.

Penalties and Damages

Federal civil penalties adjust for inflation each year. As of mid-2025 adjustments, the maximum penalty reaches $131,308 for a first violation and $262,614 for a subsequent violation.17eCFR. 28 CFR Part 85 – Civil Monetary Penalties Inflation Adjustment Those are government-imposed fines separate from any money owed to the person harmed.

Victims can recover compensatory damages for out-of-pocket costs and emotional distress, plus attorney’s fees. A private lawsuit in federal or state court has no statutory cap on punitive damages; the amount is left to the judge or jury based on how egregious the conduct was.18Administrative Conference of the United States. Enforcement Procedures Under the Fair Housing Act

For voucher discrimination under HRS Chapter 368F, first-offense fines run up to $2,000, with higher amounts for repeat violations.4Hawaiʻi Civil Rights Commission. Hawaiʻi Law Prohibits Housing Discrimination Based on Participation in the Section 8 Voucher Program For other discrimination under Chapter 515, the Hawaiʻi Civil Rights Commission can order corrective action, award damages, and impose additional relief through an administrative proceeding.