Filing a Housing Discrimination Complaint in Hawaii

If you're a renter in Hawaii and believe you have experienced housing discrimination, it's important to know your rights and the concrete steps available to protect yourself. Hawaii state law, as well as federal law, prohibits housing discrimination based on factors like race, color, national origin, religion, sex, disability, familial status, age, marital status, sexual orientation, and more. This guide explains in plain language how to officially report discrimination and get support in Hawaii.

What Is Housing Discrimination?

Housing discrimination means being treated unfairly in renting (or seeking to rent) a home because of personal characteristics such as your race, religion, gender, disability, family status, or other protected categories. For example, a landlord refusing to rent to you because you have children—or denying reasonable accommodations for a disability—would likely be considered discrimination under Hawaii law (see state fair housing statutes).

Where to File: The Hawaii Civil Rights Commission

In Hawaii, housing discrimination complaints are handled by the Hawaii Civil Rights Commission (HCRC). This is the official board responsible for investigating and enforcing fair housing laws. You may also have the option to file with the federal U.S. Department of Housing and Urban Development (HUD), but most Hawaii renters will start with the HCRC for direct state protection.

How to File a Housing Discrimination Complaint in Hawaii: Step-by-Step

If you think you have been discriminated against while looking for or living in a rental home, you have the right to file a formal complaint. Here’s an overview:

• Act quickly: Hawaii law requires you to file within 180 days of when the discrimination happened.
• Complaints can be filed online, by mail, or in person with the HCRC.

Official Complaint Form

• Form Name: HCRC Housing Discrimination Questionnaire/Form
• How it's used: This is the main form to start your complaint. You explain what occurred, when, and who was involved. If you believe your landlord refused to rent because of your race, for example, you would detail this on the form.
• Where to get it and file: Download the "HCRC Housing Discrimination Form" directly from the official Hawaii Civil Rights Commission forms page. Submit it by fax, email, mail, or in person as noted on the form instructions.

For step-by-step actions, see the checklist below.

What Happens After You File?

Once you submit your complaint to the Hawaii Civil Rights Commission:

• The HCRC will review your complaint and may contact you for more information.
• An investigation will determine if discrimination likely occurred.
• If your complaint has merit, the HCRC can help mediate, negotiate settlements, or pursue legal action to resolve the issue.

Investigations can take several months. You may be asked to provide supporting documents (for example, emails, lease agreements, or witness statements).

Relevant Hawaii Discrimination & Fair Housing Law

Hawaii protects renters under the Hawaii Revised Statutes Chapter 515 – Discrimination in Real Property Transactions. This law adds local protections beyond federal law. For more, see the complete text of Chapter 515.

Frequently Asked Questions

1. What types of discrimination are illegal in Hawaii housing?
   Hawaii law prohibits discrimination in rental housing based on race, color, national origin, religion, sex, familial status (having children), disability, age, marital status, HIV infection, sexual orientation, gender identity or expression, and more.
2. How long do I have to file a complaint in Hawaii?
   You must file your complaint with the Hawaii Civil Rights Commission within 180 days of the alleged discriminatory act.
3. Do I need a lawyer to file a discrimination complaint?
   No, you are not required to have a lawyer. The HCRC will investigate your complaint and can assist with the process. However, you may consult a lawyer if you wish.
4. Can I also file a federal complaint with HUD?
   Yes. In addition to filing with the HCRC, you can submit a complaint to the U.S. Department of Housing and Urban Development (HUD), especially if your case involves federal law or larger patterns of discrimination.
5. What if my landlord retaliates after I file a complaint?
   It is illegal for a landlord to retaliate against you for filing a fair housing complaint. If you experience retaliation (like increased rent, eviction threats, or harassment), report this to the HCRC immediately as part of your case.

Key Takeaways

• The Hawaii Civil Rights Commission is Hawaii's main agency for housing discrimination complaints.
• File within 180 days using the official HCRC Housing Discrimination Form.
• Keep records and seek support if you encounter retaliation.

Understanding your rights and taking action can help protect you and others from housing discrimination. The HCRC can guide you, even if you're unsure if your situation qualifies as discrimination.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC): File a complaint, read about your rights, and find forms and guides.
• Phone: (808) 586-8636 | Email: dlie.hcrc.infor@hawaii.gov
• HUD Fair Housing Complaint Process: Federal information and complaint filing.
• LawHelp Hawaii: Free legal information and resources for renters.
• See the official Hawaii fair housing law for all protected classes.

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1. Hawaii Revised Statutes Chapter 515 – Discrimination in Real Property Transactions
2. Hawaii Civil Rights Commission official forms
3. Hawaii Civil Rights Commission (HCRC) – Board/Tribunal
4. HUD Fair Housing Complaint Process

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