Hawaii’s Fair Housing Act makes it illegal to practice housing discrimination based on someone’s race, color, religion, national origin, sex, marital status, disability, age, or HIV status. These regulations protect applicants and tenants of rented or leased housing and homebuyers.
The Civil Rights Act of 1968 introduced the Fair Housing Act (FHA) into federal law. With this expansion, the Fair Housing Act (FHA) was enacted, making it illegal to discriminate against renters and homebuyers in the United States, Puerto Rico, and U.S. territories.
While Hawaii
has had expansive protections for fair housing laws, federal law in 2021 now extends protection to those facing housing discrimination based on their sexual orientation or gender identity. Even though the Fair Housing Act is federal law, the process for filing a complaint can vary depending on which state you’re living in. To help break down what Hawaii’s Fair Housing Act covers and ensure you have access to fair housing, Jerry
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Does Hawaii have a Fair Housing Act?
Yes! Hawaii has a Fair Housing Act under Chapter 515
, Discrimination in Real Property Transactions. Through Chapter 515, it is illegal to discriminate against applicants, tenants, or homebuyers based on: Mental or physical disability
It’s also illegal to do any of the following in Hawaii based on the protected traits under Chapter 515:
Advertise or publish a statement that may indicate an intent to discriminate
Say housing is unavailable when it is available
Refuse an inspection by a prospective buyer or tenant
Refuse a bonafide offer to buy, rent, or lease or refuse to enter an agreement
Offer different units, services, or housing
Ask questions or use an application that discriminates or limits tenants
Steer someone to move to a specific area
Discourage someone from applying or putting an offer in for a unit
Create unreasonable rules or terms
Require different qualifications or selection review depending on the person
State or imply a person won’t be considered for the selection process
These regulations apply to anyone selling or renting a property in Hawaii. Additionally, brokers, real estate agents, or any other person engaging in a real estate transaction, including financial transactions or assistance, are also subject to these regulations.
Should you believe your rights have been violated, you can file a complaint with the Hawai'i Civil Rights Commission
. Accessibility requirements under the Fair Housing Act
Chapter 515
outlines general accessibility requirements for fair housing in Hawaii. However, federal law also mandates these regulations in the 1991 Fair Housing Act
. This act addresses the need for reasonable accommodations and modifications. These regulations apply to multifamily dwellings that are newly constructed for the first occupancy on or after March 13, 1991. Reasonable modifications include:
At least one accessible entrance that’s the primary entryway for residents and guests
Doorways and ramps must be at least 36-inches wide
Common areas, like kitchens and bathrooms, are accessible to those with disabilities
Outlets, light switches, and thermostats must have accessible locations
A reinforced wall in all bathrooms with the ability to support a grab bar
Reasonable accommodations are requests to a housing provider to meet the needs of someone with a disability, allowing them to fully enjoy and use the dwelling.
Requesting an emotional support animal be allowed, even if a location or dwelling doesn’t allow pets
Requesting that a landlord installs a grab bar for a bathroom at your expense
Requesting a dedicated parking spot due to mobility impairment, even if parking is first-come, first-serve basis
If your reasonable modifications or accommodations aren’t accepted, or your home doesn’t currently meet these requirements, you can file a complaint under the Fair Housing Act.
How to file a fair housing complaint in Hawaii
Say you’ve spoken to a landlord about an open apartment and set up a time to meet. However, when you show up with your emotional support dog, the landlord tells you someone just signed the papers, and the apartment is no longer available—that’s housing discrimination.
Or perhaps your partner comes with you to look at an apartment since you want their opinion but the second the owner shows up, they state they have another building available across town that you’d like better—this is also a violation of your fair housing rights.
If you believe you were targeted by housing discrimination based on your race, national origin, sex, disability, religion, HIV status, marital status, age, gender identity or expression, or sexual orientation, you have the right to file a complaint.
Housing discrimination in Hawaii is handled by the Hawai’i Civil Rights Commission (HCRC). To file a complaint, you can call them or fill out a pre-complaint questionnaire and mail or deliver it in person within 180 days of the violation occurring. From there, HCRC will investigate the incident.
Another option is to file a complaint directly with the U.S. Department of Housing and Urban Development (HUD)
online, by phone, mail, or email. You have one year from the date of the incident to file a complaint with HUD. When submitting a complaint with HUD, include:
Name and address of the people involved
Address where the incident occurred
Description of the incident
State agency vs. local offices
In Hawaii, it’s recommended to report any illegal discrimination throughout the state directly to HCRC within 180 days of the incident. Depending on where you live, here are the numbers to contact HCRC:
You also can contact Hawaii Public Housing Authority’s Fair Housing Officer, who can assist with filing a complaint.
If you need to file a complaint after 180 days, you’ll need to file a complaint through HUD.
How to save money on home and renters insurance in Hawaii
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