Familial Status Discrimination and Hawaii Tenant Rights

Understanding your rights as a renter in Hawaii is essential, especially if you have children or are expecting a child. Familial status discrimination is illegal under both federal and state law, ensuring that families are treated fairly when renting a home. If you feel you've been treated differently because of your family situation, knowing these protections can help you stand up for your rights.

What Is Familial Status Discrimination?

Familial status discrimination occurs when a landlord treats renters unfairly because they have children under 18, are pregnant, in the process of securing custody, or are fostering or adopting a child. This form of discrimination is prohibited under the federal Fair Housing Act and Hawaii state fair housing laws.^[1]

Examples of Familial Status Discrimination

• Denying your rental application solely because you have children
• Setting different rules, such as restricting access to facilities (like pools) for children
• Charging higher security deposits due to children living in the unit
• Making statements that discourage families from applying (e.g., "adults only")

These protections apply regardless of your marital or relationship status, and whether you are a single parent or part of a multi-generational family household.

Your Rights Under Hawaii Law

Both the Hawaii Civil Rights Commission (HCRC) and the U.S. Department of Housing and Urban Development (HUD) enforce protections for renters against familial status discrimination. Hawaii law makes it illegal for landlords to:

• Refuse to rent or negotiate for rental on the basis of familial status
• Offer different terms, rental rates, or privileges
• Display discriminatory advertisements

If you suspect discrimination, keep a record of communications and any selective treatment. This documentation can help support your case if you file a complaint.

The Applicable Legislation

Hawaii tenant rights and anti-discrimination provisions are primarily set out in the Hawaii Revised Statutes § 515 (Discrimination in Real Property Transactions), as well as federal protections under the Fair Housing Act.^[2],[3] The main tribunal handling residential tenancies and housing discrimination complaints in Hawaii is the Hawaii Civil Rights Commission (HCRC).

How to File a Discrimination Complaint in Hawaii

If you believe a landlord or property manager has discriminated against you based on familial status, you can file a formal complaint with the HCRC or HUD. It is important to act quickly, as there are time limits (typically 180 days under state law or one year under federal law).

Official Forms You May Need

• Hawaii Civil Rights Commission Housing Discrimination Complaint Form
  When and How to Use: Use this form to formally report and initiate an investigation into familial status discrimination. For example, if a landlord told you "we do not rent to families with children," complete the form and submit it to the HCRC. Download the HCRC Housing Discrimination Complaint Form (PDF).
• HUD Housing Discrimination Complaint (Form 903)
  When and How to Use: If you want to file at the federal level, complete HUD Form 903. For example, submit this if you think state protections may not be enforced, or for broader federal investigation. Access HUD Form 903 and learn about submitting it online.

Be sure to include any helpful information, such as emails, letters, or statements, that support your case.

Timeline and What to Expect After Filing

After you file, the HCRC or HUD will review your complaint, may contact you for more information, and could investigate through interviews and site visits. They can attempt to resolve the complaint through mediation or take formal enforcement actions if they find discrimination occurred.

FAQ: Familial Status Discrimination for Hawaii Renters

1. Can a landlord refuse to rent to me because I have children?
   No. It is illegal in Hawaii for a landlord to deny rental housing just because you have children under 18, are pregnant, or are gaining custody.
2. Are there any exceptions to the law?
   Some housing is exempt, such as "housing for older persons" (like certain senior communities). Most regular rental housing in Hawaii cannot discriminate on familial status.
3. What should I do if I suspect discrimination?
   Document what happened, keep copies of all communications, and file a complaint promptly using the official HCRC or HUD forms.
4. Is it discrimination if the landlord charges higher rent for families?
   Charging extra or different terms just because you have children is generally considered discrimination, unless justified by objective criteria applied to all renters.
5. How long does the complaint process take?
   The investigation period can vary, but you should hear from HCRC or HUD within a few weeks after they receive your complaint.

Conclusion: Key Takeaways for Hawaii Renters

• Hawaii law and the Fair Housing Act protect you from familial status discrimination.
• Complaint forms are available from the Hawaii Civil Rights Commission and HUD.
• Act quickly, keep documentation, and seek help if you suspect your rights have been violated.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission – File discrimination complaints, access forms, and learn about legal protections. Phone: (808) 586-8636
• U.S. Department of Housing and Urban Development – Fair Housing – Detailed guidance, complaint forms, and online filing.
• State of Hawaii – Landlord-Tenant Information Center – Additional info on renter rights and responsibilities.
• Hawaii Revised Statutes § 515 Discrimination in Real Property Transactions

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1. Hawaii Civil Rights Commission – Fair Housing
2. Hawaii Revised Statutes § 515 – Discrimination in Real Property Transactions
3. Federal Fair Housing Act – HUD

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