Hawaii Renters’ Guide: ADA and FHA Accessibility Rights

Accessibility in rental housing is a vital concern for many renters in Hawaii. Understanding your rights under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) can help you secure needed accommodations and advocate for barrier-free living. This article explains how both laws apply in Hawaii, what standards landlords must meet, and what renters can do if accessibility is an issue in their home.

Understanding Your Accessibility Rights in Hawaii Rentals

Renters with disabilities are protected by two main federal laws: the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). While both aim to prevent discrimination and provide equal access, they apply to different aspects of rental housing and public spaces.

Key Differences: ADA vs. FHA

• ADA (Americans with Disabilities Act): Primarily covers public spaces, including areas of apartment complexes open to the public, such as leasing offices or shared amenities. It generally does not apply to individual residential units.
• FHA (Fair Housing Act): Covers most privately owned and federally assisted housing. It protects renters from discrimination and requires reasonable accommodations and modifications to allow full enjoyment of the rental property.

What Counts as a Disability?

Both acts define a disability as a physical or mental impairment that substantially limits one or more life activities, such as walking, seeing, or learning. If you have a disability that affects your ability to use and enjoy your home, you may be entitled to certain accommodations.

Accessibility Standards for Hawaii Rental Properties

Rental properties built after March 13, 1991, with four or more units, must meet specific design and construction standards under the FHA. This includes features like:

• Accessible entrances and common areas
• Usable doors and hallways for wheelchair access
• Reinforced walls for future grab bar installation

For older buildings, owners and managers are required to allow tenants to make reasonable modifications at their own expense, and to consider reasonable requests for changes to rules, policies, or services.

Reasonable Accommodations and Modifications

• Reasonable accommodation: Changes to rules or procedures (for example, allowing a service animal in a no-pet building).
• Reasonable modification: Physical changes to the unit or common areas (such as installing a ramp).

How to Request Disability Accommodations

• Notify your landlord or property manager in writing. Explain your disability (no diagnosis needed) and state your specific accommodation request.
• Landlords may ask for verification if your disability or need for the accommodation is not obvious.

If denied, you can file a discrimination complaint with the Hawaii Civil Rights Commission or the U.S. Department of Housing and Urban Development (HUD).

Relevant Official Forms and How to Use Them

• Hawaii Civil Rights Commission Intake Questionnaire (Form HCRC-INTAKE-01):
  • When to use: Start here if you believe you've experienced discrimination (such as being denied a disability accommodation or modification).
  • How to use: Complete and submit this form to the Hawaii Civil Rights Commission. This initiates a formal review.
  • Download the HCRC Intake Questionnaire
• Discrimination Complaint Form (HUD Form 903):
  • When to use: If you wish to file a federal complaint under the Fair Housing Act for disability discrimination in housing.
  • How to use: Complete and submit this form online or by mail to HUD. An investigator will assess your complaint.
  • File a housing discrimination complaint with HUD

Which Tribunal Handles Tenant-Landlord Disputes in Hawaii?

The Hawaii District Court manages landlord-tenant disputes, including accessibility and accommodation cases. For discrimination cases, the Hawaii Civil Rights Commission investigates and enforces fair housing laws.

The primary state legislation covering renters’ rights and obligations is the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521) ^[1].

FAQ: ADA and FHA Accessibility for Hawaii Renters

1. What’s the difference between the ADA and FHA for renters?
   The ADA covers public areas of rental housing (like leasing offices), while the FHA covers individual units and gives you the right to request accommodations.
2. Can my landlord deny a request for a reasonable modification?
   Generally, landlords cannot deny reasonable modifications that are necessary for your disability, but you may be responsible for the cost and restoring the unit when you move out.
3. Do I have to disclose my medical diagnosis when requesting accommodations?
   No, you do not have to share the exact diagnosis—just share enough information for your landlord to understand your need for the accommodation.
4. What if my landlord is unresponsive or denies my request?
   You can file a complaint with the Hawaii Civil Rights Commission or HUD using their official forms and processes.
5. Where can I get help with an accessibility dispute?
   Hawaii Civil Rights Commission and the Hawaii District Court can help address issues when informal solutions don’t work.

Key Takeaways for Hawaii Renters

• Both the ADA and FHA offer critical protections and help ensure access for renters with disabilities.
• Written accommodation requests are your right—respond promptly if you’re asked for more information.
• If you face discrimination, official complaint forms and Hawaii agencies are ready to support you.

Remember, knowing the right steps and where to get help is empowering—your rights matter.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission: File fair housing and disability discrimination complaints. Phone: (808) 586-8636
• Hawaii District Court – Landlord-Tenant Self-Help Resources: For disputes and legal process info
• U.S. Department of Housing and Urban Development (HUD) – Fair Housing: File federal complaints and access guides
• Hawaii Residential Landlord-Tenant Code: Official state legislation for rental housing

---

1. Hawaii Revised Statutes Chapter 521 – Residential Landlord-Tenant Code
2. Americans with Disabilities Act – U.S. Department of Justice
3. Fair Housing Act – U.S. Department of Justice
4. Hawaii Civil Rights Commission – Housing Intake Questionnaire
5. HUD – File a Fair Housing Complaint

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations