Filing a Disability Discrimination Claim as a Renter in Hawaii

If you are a renter in Hawaii and believe you've faced disability discrimination from your landlord, it's important to know that both state and federal laws protect your right to fair housing. Hawaii has a clear process for renters to file a complaint and seek remedy when they've been treated unfairly because of a disability. Knowing your rights and the steps you can take can help ensure your voice is heard.

Understanding Disability Discrimination Under Hawaii Law

Disability discrimination in housing means being treated unfairly, denied rental opportunities, or refused reasonable accommodations because of a physical or mental disability. In Hawaii, the Hawaii Revised Statutes Chapter 515 (Discrimination in Real Property Transactions) protects renters against this kind of treatment^[1]. Federal protections also apply under the Fair Housing Act.^[2]

Examples of discrimination can include:

• Refusing to rent to you because you use a wheelchair
• Denying a reasonable accommodation (like a service animal)
• Charging extra fees related to your disability

Your Rights and the Role of the Hawaii Civil Rights Commission

The Hawaii Civil Rights Commission (HCRC) is the official agency that handles housing discrimination complaints for renters in the state. If you think your landlord has discriminated against you because of a disability, you can file a complaint with HCRC.

You generally have 180 days from the date of the alleged discriminatory act to file a complaint with the HCRC^[3]. Timely action is crucial to preserve your rights.

How to File a Disability Discrimination Complaint in Hawaii

The process is designed to be accessible, even if you have no legal background. Here's a summary of the key steps and what to expect:

Step 1: Prepare Your Documentation

• Write down details of the incident(s): dates, what happened, and anyone involved.
• Collect any evidence, such as emails, letters, rental applications, or notices from your landlord.

Step 2: Access and Complete the Official Complaint Form

• Use the Hawaii Civil Rights Commission's Housing Discrimination Complaint Intake Questionnaire.
• This form gathers your contact details, landlord's information, and a summary of your complaint.
• Download the Housing Discrimination Complaint Intake Questionnaire (PDF)
• Example: If your landlord refused to let you install a ramp, you'd describe this specific denial on the form.

Step 3: Submit Your Complaint to the HCRC

• Submit your completed form by mail, email, fax, or in person to the HCRC. Check current contact instructions on the official HCRC complaint filing page.

Step 4: Investigation and Resolution

• The HCRC will review your complaint, may contact you for more information, and inform your landlord about the investigation.
• They may offer mediation to resolve the dispute or, if necessary, schedule a hearing.

Alternative: File with the U.S. Department of Housing and Urban Development (HUD)

Renters can also choose to file at the federal level. Visit the HUD housing discrimination complaint page for online or printable forms and instructions.

What Happens After You File?

After submitting your complaint, the HCRC typically sends an acknowledgment. An investigator may contact you for clarification. If there is enough evidence, your case may go to mediation or a formal hearing.^[3]

Possible outcomes may include mediation, settlement, or if discrimination is proven, your landlord could be ordered to make accommodations, pay damages, or stop discriminatory practices.

Frequently Asked Questions

1. What counts as a "reasonable accommodation" for renters with disabilities?
   Reasonable accommodations can include modifications like installing grab bars, allowing service animals, or adjusting rental rules to provide equal access.
2. Do I have to pay for modifications to my rental unit?
   Renters may need to pay for certain physical modifications, but landlords cannot deny reasonable requests unless they cause undue burden or fundamentally alter the rental property.
3. How long does the discrimination complaint process take in Hawaii?
   The timeline varies, but initial investigations can take several months. Simple cases may resolve quickly if both parties agree to mediation.
4. If I win my case, can I get my apartment back?
   If you lost your housing due to discrimination and the complaint is upheld, possible remedies may include being offered the next available unit or being compensated for losses.
5. Is my complaint confidential from my landlord?
   Your landlord will be notified of the complaint and given a chance to respond, but your information is not made public outside the investigation process.

Key Takeaways for Hawaii Renters

• You are protected from disability discrimination by both Hawaii and federal law.
• The Hawaii Civil Rights Commission is your main agency for filing complaints.
• Act promptly—submit your complaint within 180 days of the incident.

Taking these steps can help protect your right to accessible, fair housing in Hawaii.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC) – File complaints, find forms, and learn more about your rights. Phone: (808) 586-8636
• Filing Housing Discrimination Complaints – HCRC Official Page
• HUD Hawaii Office — Fair Housing and Equal Opportunity
• Legal Services Corporation (LSC) – Free or low-cost legal help for renters facing discrimination

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1. Hawaii Revised Statutes Chapter 515 – Discrimination in Real Property Transactions
2. Federal Fair Housing Act (Title VIII)
3. HCRC Filing Instructions & Time Limits

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