Illegal Rental Ad Language in Hawaii: What Renters Need to Know

Finding a place to rent in Hawaii can be challenging, but renters are protected by state and federal fair housing laws. Recognizing illegal language in rental advertisements helps ensure everyone gets a fair chance when searching for housing in Hawaii. This guide explains what words or phrases landlords cannot use in rental ads, and how renters can respond to questionable listings.

Rental Advertisement Laws in Hawaii

Rental advertisements in Hawaii must comply with both state and federal fair housing laws. These laws are in place to prevent discrimination against renters based on protected personal characteristics.

Protected Classes Under Hawaii and Federal Law

It’s illegal for landlords or property managers to publish rental ads that show preference or limitation based on:

• Race or color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (e.g., whether children live with you)
• Disability
• Ancestry
• Age
• HIV infection
• Marital status

These protections are found in the Hawaii State Fair Housing Law (Haw. Rev. Stat. § 515) and the federal Fair Housing Act¹.

Examples of Illegal Advertising Language

Language in rental ads must not directly or indirectly discourage anyone from applying based on a protected class.

• Prohibited examples: “No children,” “Christians only,” “Hawaiians preferred,” “Couples only,” “Suitable for single professionals,” or “No wheelchairs.”
• It's also illegal to use phrases suggesting preference for a particular nationality, age group, or marital status.

Even coded language (such as “ideal for young adults”) is generally considered unlawful if it could signal a restriction to certain groups.

Acceptable Descriptions

• Describing the property (e.g., “Two-bedroom, ocean view, near bus lines”) is allowed.
• Focusing on amenities (“Laundry in unit,” “Pet friendly,” etc.) is allowed as long as it doesn’t target or exclude protected groups.

What to Do If You See Discriminatory Language

If you find a rental ad containing questionable or discriminatory language, you have the right to take action:

• Keep a copy or screenshot of the advertisement.
• Report it to the Hawaii Civil Rights Commission (HCRC), the official body handling fair housing complaints in the state.
• You can also contact the U.S. Department of Housing and Urban Development (HUD).

Relevant Official Complaint Forms

• HCRC Complaint Form – Used to file a state fair housing complaint. Suitable if you believe an ad (or landlord action) may be discriminatory. Download the Hawaii Civil Rights Commission Complaint Form.

How it’s used: Complete the form with details, attach a copy of the advertisement, and submit to the HCRC. Example: If you see “adults only” in a rental ad, fill out this form explaining where and when the ad appeared and why you think it violates state law.

Where Are Complaints Heard?

The Hawaii Civil Rights Commission investigates and mediates housing discrimination cases, including those about illegal advertising language in rentals.

Relevant Hawaii Legislation

• Hawaii Revised Statutes Chapter 515 – Discrimination in Real Property Transactions: The main state law covering housing discrimination and advertising requirements².

Landlords who post illegal language can face penalties, and discriminatory ads may be grounds for an official investigation.

FAQ: Discrimination and Illegal Rental Ads in Hawaii

1. What words or phrases should not appear in Hawaii rental ads?
   Phrases like "no kids," "singles only," "must be Christian," or "Hawaiians preferred" are not allowed, as they may signal unlawful discrimination.
2. Can a landlord advertise "no pets" in Hawaii?
   Yes, "no pets" is legal except when it concerns service or emotional support animals, which are protected for people with disabilities.
3. What should I do if I see a discriminatory rental listing?
   Save evidence of the listing and file a complaint with the Hawaii Civil Rights Commission. Attach a copy of the ad to your complaint form.
4. Is it discrimination if an ad describes the property as "close to churches"?
   Mentioning proximity to places (like churches) is allowed if it is descriptive, but language showing preference for a religion or group is not.
5. How can I get help if I’m not sure an ad is discriminatory?
   You can contact the Hawaii Civil Rights Commission for guidance before taking further action.

Conclusion: Key Takeaways

• Rental ads in Hawaii must not reference or exclude anyone based on protected characteristics such as race, family status, religion, disability, etc.
• If you see unlawful or suspicious language in a rental ad, save a copy and report it to the Hawaii Civil Rights Commission promptly.
• Knowing your rights about rental advertising helps ensure fair and equal housing opportunities for everyone.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC) – Handles housing discrimination complaints: Phone (808) 586-8636
• HCRC Housing Discrimination Complaint Form
• HUD Fair Housing Complaint Online
• Hawaii Department of the Attorney General – Consumer Resource Center
• For free legal assistance: Legal Aid Society of Hawaii

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1. Fair Housing Act (federal)
2. Hawaii Revised Statutes Chapter 515 – Discrimination in Real Property Transactions

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