Fair Housing Enforcement and Testing in Hawaii: Your Rights

Understanding and exercising your fair housing rights is crucial if you're renting in Hawaii. The state protects tenants from discrimination and provides enforcement agencies and fair housing testers to help renters ensure their rights are respected. This article explains how housing discrimination is addressed in Hawaii, which agencies can help, and what you need to know as a renter.

What Is Fair Housing Testing?

Fair housing testing is a tool used to uncover and document illegal housing discrimination. Trained 'testers'—posing as ordinary renters—contact housing providers to see if people get different treatment based on protected characteristics, such as race, disability, or family status.

• Testers may call or visit landlords to inquire about units.
• Findings from these tests help enforcement agencies pursue cases against discrimination.

Who Enforces Fair Housing Laws in Hawaii?

Several agencies help protect renters in Hawaii:

• Hawaii Civil Rights Commission (HCRC) – The main agency investigating and enforcing fair housing complaints statewide.
• City and County of Honolulu – Office of the Corporation Counsel oversees local fair housing within Honolulu.
• U.S. Department of Housing & Urban Development (HUD) Fair Housing and Equal Opportunity – Handles federal complaints and supports local enforcement.

Protected Classes Under Hawaii Law

Hawaii law and the federal Fair Housing Act protect you from discrimination based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Disability
• Familial status (children under 18)
• Ancestry, age, marital status, HIV infection, or income source (State-specific under Hawaii Revised Statutes Chapter 515)

If you are refused an apartment, given different rental terms, or harassed due to any protected characteristic, you may file a complaint.

How to Report Housing Discrimination in Hawaii

If you believe you have been discriminated against when renting, you can file a complaint with the Hawaii Civil Rights Commission (HCRC). Both state and federal processes are available, and complaints should generally be filed within 180 days of the alleged act.

Official Form: HCRC Discrimination Complaint Form

• Form name: HCRC Discrimination Complaint Intake Questionnaire
• When and how to use: Submit this form if you have experienced discrimination in rental housing based on a protected class. For example, if a landlord refuses your application because you have children, fill out this form to begin an investigation.
• Download HCRC Housing Discrimination Complaint Form (PDF)

Steps to File a Housing Discrimination Complaint

• Gather information about the incident (dates, landlord/agent details, what happened).
• Complete the HCRC Complaint Intake Questionnaire and attach any supporting documents.
• Submit your form to the Hawaii Civil Rights Commission by mail, fax, or in person (see HCRC contact options).
• The HCRC will review your information, possibly follow up for details, and investigate.
• If a violation is found, the agency may facilitate settlement, or you may receive orders for corrective action or compensation.

The Tribunal Handling Tenant Complaints

Hawaii does not use a single residential tenancy board, but the Hawaii Civil Rights Commission is the official state agency for investigating fair housing complaints involving discrimination. For eviction and rental disputes unrelated to discrimination, cases are generally handled in the Hawaii District Courts.

Relevant Legislation

• Hawaii Revised Statutes Chapter 515 – Discrimination in Real Property Transactions
• Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

The Hawaii Revised Statutes Chapter 515 contain all current state anti-discrimination protections for renters[1].

FAQs: Hawaii Renters and Fair Housing Testing

1. What is fair housing testing, and does it affect me as a renter?
   Testing uses trained individuals to uncover unfair treatment in rental housing. If you are treated unfairly, testers may help prove discrimination.
2. How do I file a complaint if I think I've been discriminated against?
   Complete and submit the HCRC Discrimination Complaint Form, available on the HCRC website.
3. Is there a deadline for reporting discrimination?
   Yes. File your complaint within 180 days of when the discrimination happened.
4. Does Hawaii law protect me from discrimination if I use Section 8 or another rental assistance?
   Yes. Hawaii bans discrimination based on lawful source of income, including housing assistance.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC): (808) 586-8636
• U.S. HUD Fair Housing and Equal Opportunity: 1-800-669-9777
• Hawaii Housing Finance & Development Corporation
• Hawaii County Office of Housing & Community Development
• Hawaii District Courts Landlord-Tenant Center

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1. Hawaii Revised Statutes Chapter 515 – Discrimination in Real Property Transactions
2. HCRC Housing Discrimination Complaint Intake Questionnaire (official form)
3. HCRC Fair Housing Complaint Process
4. Hawaii District Courts Landlord-Tenant Resources

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