Is Your Rent Increase Legal? Understanding Rent Gouging in Hawaii

If you're renting in Hawaii and facing a sudden or steep rent increase, it's important to know your rights under state law. Hawaii has protections in place to prevent landlords from unfairly raising rent in certain situations. Understanding what counts as rent gouging—and what to do if you think a rent hike is illegal—can help you protect your home and budget.

How Does Hawaii Define Rent Gouging?

Hawaii does not have statewide rent control, but the law prohibits rent gouging during a declared emergency (such as a natural disaster or pandemic) or upon government orders. "Rent gouging" is when a landlord raises rent to an amount much higher than what is considered fair or reasonable—usually during times when tenants are most vulnerable.^[1]

• Outside of emergencies, landlords in Hawaii can generally raise rent, but must follow rules about notice and existing lease terms.
• During a declared emergency, Hawaii law limits how much landlords can increase rent—often to no more than 10% above pre-emergency rates, unless justified by rising costs.^[2]
• Unfair rent increases made because of an emergency may be considered rent gouging and are illegal.

Legal Requirements for Rent Increases

For most residential tenancies in Hawaii:

• Landlords must provide at least 45 days’ written notice before raising rent for month-to-month tenants.^[3]
• Landlords cannot increase rent during the fixed term of a lease unless the lease specifically allows it.

What Is Considered an Illegal Rent Increase or Gouging?

During a state of emergency, a rent increase may be illegal if:

• The increase is more than 10% above the rent charged immediately before the emergency, and there’s no legal justification (such as documented increased costs to the landlord).
• The purpose of the rent increase is to take advantage of the emergency situation.
• No proper written notice is given to the tenant.

Tip: If you receive a notice of a rent increase you think is excessive during a declared emergency, keep all letters and receipts. You have the right to challenge the increase.

How Do I Report Rent Gouging in Hawaii?

Renters should report suspected rent gouging to the Regulated Industries Complaints Office (RICO). RICO investigates complaints related to unfair or unlawful rent practices during emergencies.

• Complaint Form Name/Number: RICO Consumer Complaint Form
• When to use: Use if you believe your landlord has unlawfully increased your rent during an emergency or is otherwise violating rental pricing laws.
• How to use: Complete the form, include copies of your lease and the rent increase notice, and submit by mail, email, or online.
• Access the RICO Consumer Complaint Form

Which Law Covers Rent Increases and Gouging?

Hawaii's primary law governing residential landlord-tenant matters is the Hawaii Residential Landlord-Tenant Code. Price controls during emergencies are further specified by Hawaii Revised Statutes §127A-30 (state of emergency price protections).

Who Handles Residential Tenancy Disputes in Hawaii?

Residential tenancy disputes are typically addressed by the Hawaii State Judiciary - Landlord-Tenant Division, part of the District Court. They resolve legal disagreements over rent, eviction, and rental agreement terms.

FAQ: Common Questions About Rent Gouging in Hawaii

1. Can my landlord raise my rent at any time in Hawaii?
   No. Landlords must give at least 45 days’ written notice for rent increases on month-to-month tenancies, and cannot raise rent during a lease term unless your lease allows it.
2. Is there a limit to how much my landlord can increase the rent?
   There is no general statewide limit, but during a declared emergency, increases are typically capped at 10% above pre-emergency rent, unless justified.
3. What should I do if my landlord increases my rent illegally?
   Save all documents and file a complaint with the Regulated Industries Complaints Office (RICO) using their official form.
4. Who can I contact for help with rent gouging?
   Contact RICO, the Hawaii State Judiciary's Landlord-Tenant Division, or the DCCA Consumer Protection Branch for assistance and dispute resolution.
5. Where can I find the relevant landlord-tenant laws?
   You can find the Hawaii Residential Landlord-Tenant Code on the state legislature's website.

Key Takeaways

• Rent gouging is illegal in Hawaii during a declared emergency, with rent increases usually capped at 10%.
• Landlords must provide proper notice before increasing rent.
• If you believe you are a victim of rent gouging, report it to the Regulated Industries Complaints Office (RICO).

Need Help? Resources for Renters

• Regulated Industries Complaints Office (RICO) — File rent gouging complaints or get investigation help.
• Hawaii State Judiciary - Landlord-Tenant Division — Handles disputes, eviction cases, and rental agreement issues.
• DCCA Consumer Protection Branch — Provides consumer complaint support and information.
• Hawaii Residential Landlord-Tenant Code — Official rental laws and rights.
• Hawaii Revised Statutes §127A-30 (Emergencies and Price Gouging)

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1. Hawaii Residential Landlord-Tenant Code: Official Landlord-Tenant Law
2. Hawaii Revised Statutes §127A-30: Emergency Price Protections
3. Hawaii State Judiciary - Landlord-Tenant Division: Residential Tenancy Dispute Resolution
4. Regulated Industries Complaints Office (RICO): File Rent Gouging Complaints
5. Consumer Complaint Forms: RICO Complaint Forms

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