Hawaii Fair Housing Act: An Overview

Key Takeaways

• Fair Housing Compliance Is Mandatory: Landlords and housing professionals in Hawaii must follow both federal and state Fair Housing laws to prevent discrimination and legal liability.
• Know the Protected Classes: Hawaii law protects a broad range of classes, including race, color, religion, sex (including gender identity), sexual orientation, marital status, familial status, disability, age, and HIV status.
• Avoid Discriminatory Practices: Actions such as steering, selective enforcement of rules, biased advertising, or denying applicants with assistance animals are considered violations.

In Hawaii, the state’s Residential Landlord-Tenant Code requires landlords to abide by the Fair Housing Act (FHA). The act applies to most housing-related activities, including the sale, rental, financing, and advertising of housing.

The Fair Housing Act applies to landlords and anyone else involved in the housing industry, such as real estate agents, property managers, and homeowners' insurance companies.

The Federal Fair Housing Act prohibits discrimination against people based on certain protected classes. These protected classes include race, color, nationality, disability, religion, and sex.

As a landlord, it’s important to familiarize yourself with the dictates of the Fair Housing Act in Hawaii because compliance helps prevent discriminatory practices, protects you from costly legal disputes, and ensures equal housing opportunities for all applicants.

Luckily for you, our experts at Hawaii Coastal Property Management have you covered in this regard. Here’s a comprehensive overview of the important basics of the Hawaii Fair Housing Act.

What Is the Federal Fair Housing Act?

The FHA was passed in 1968 and is also known as Title VIII of the Civil Rights Act. It guarantees every American the right to equal and fair access to housing regardless of certain protected classes.

The Fair Housing Act of 1968 prohibited discrimination in the sale, rental, and financing of housing based on four protected classes. The classes were: race, color, religion, and nationality.

However, an amendment to the federal law was made in 1974, including gender in the list of protected classes. Later, in 1988, another law change was made to include two more protected classes: familial status and disability.

The 7 protected classes under the Federal Fair Housing Act are: race, color, disability, religion, sex, nationality, and familial status.

The Fair Housing Act was designed to ensure every American has equal and fair access to housing opportunities.

What Is the Fair Housing Act in Hawaii?

Various state and local jurisdictions have expanded on the federal list of protected classes to include further protections. In Hawaii, the list of protected classes includes the following:

• Race
• Color
• Disability
• Religion
• Sex (including Gender Identity/Expression)
• Nationality
• Familial Status.
• Sexual Orientation
• Marital Status
• HIV Infection
• Age

Additionally, landlords cannot deny housing based solely on a tenant's source of income being used to pay for the housing, more specifically, their use of Section 8 or other housing assistance programs.

Fair Housing Law Violations to Avoid

Under Hawaii Revised Statutes Section 515-3, certain practices are considered discriminatory and should be avoided in housing:

• Showing preference or imposing limitations based on a person’s protected class during the rental or qualification process.
• Denying an application due to race, color, religion, sex, national origin, disability, familial status, or other protected characteristics.
• Attempting to evict a resident in a discriminatory manner.
• Maintaining policies or rules that favor or disadvantage residents based on protected characteristics, including decisions regarding security deposits.
• Steering prospective residents toward or away from certain areas based on assumptions about their background.
• Denying an application because a prospective resident has an assistance animal.
• Using language in rental listings that indicates bias, such as references to marital status, religion, race, or other protected traits.
• Asking questions during screening that relate to protected characteristics, such as sexual orientation, marital status, or disability.

Following these guidelines helps ensure fair and lawful treatment for all prospective and current tenants.

How Fair Housing Violations Are Handled in Hawaii

In Hawaii, complaints of housing discrimination can be filed with the Hawai’i Civil Rights Commission (HCRC). The HCRC investigates allegations of Fair Housing violations, which can include discriminatory rental practices, advertising, or lease enforcement.

In Hawaii, a complaint to HCRC needs to be filed within 180 days of the incident occurring. If a violation is found, the commission can attempt to resolve the issue through mediation or conciliation, and in some cases, legal action may be taken as the HCRC can issue a Notice of Right to Sue.

Penalties can include fines, damages, and orders to change discriminatory practices.

Exemptions Under the Hawaii Fair Housing Laws

While the federal Fair Housing Act (FHA) includes a few narrow exemptions, Hawaii’s laws are stricter and remove some of these exceptions. Hawaii’s fair housing protections apply to virtually all rental housing, with very limited exceptions.

Below are the exemptions allowed by Hawaii law.

1. Private Clubs and Religious Organizations

Private clubs and religious organizations may limit occupancy to members as long as they are not operating commercially. These groups may offer housing to members only if membership is not restricted by protected classes.

However, they are still prohibited from discriminatory advertising or practices affecting the general public.

2. Housing for Older Persons

Housing designed for older adults can legally restrict based on age and familial status if it meets specific criteria (e.g., 80% of units occupied by someone 55+).

3. Owner-Occupied Buildings

• Rental in a building that contains housing accommodations for not more than two families living independently, if the owner resides in one of the housing accommodations.
• Rental of a room or up to four rooms in a housing accommodation by an owner or lessor who resides in the housing accommodation.

Tips for Fair Housing Compliance in Hawaii

To reduce the risk of discriminatory lawsuits, landlords should take the following steps:

• Understand Fair Housing Laws: In addition to federal and state regulations, be aware of any local anti-discrimination laws that may apply.
• Apply Consistent Criteria: When screening prospective tenants, ensure the same standards are applied to everyone.
• Treat All Residents Fairly: Enforce lease terms equally and without bias against protected classes.
• Provide Reasonable Accommodations: Support residents with disabilities, including those with assistance animals, as required by law.
• Consider Professional Property Management: A qualified management company can help oversee your rental property, including ensuring compliance with all relevant regulations and requirements.

Bottom Line

These are the important basics of the Fair Housing Act that you should keep in mind when renting out a property in Hawaii. Violations can have steep penalties, not to mention the damage they can have on your reputation as a landlord if you’re found guilty.

If you have a question or need expert property management help, look no further than Hawaii Coastal Property Management. We can help streamline all your property management needs in Hawaii.

Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.