LGBTQ+ Housing Discrimination: Your Rights as a Hawaii Renter

Hawaii offers strong legal protections against housing discrimination for LGBTQ+ renters. Understanding your rights as a renter is crucial, especially if you face unfair treatment, a rent increase, or issues with your landlord because of your sexual orientation, gender identity, or expression. This article walks you through the laws, complaint process, and official resources that ensure your right to fair and equal housing in Hawaii.

Protections for LGBTQ+ Renters in Hawaii

Both federal and state laws make it illegal for landlords to discriminate against renters based on sexual orientation or gender identity. Hawaii's fair housing laws are among the most comprehensive in the United States.

Key Anti-Discrimination Laws

• Hawaii Revised Statutes § 515 (Discrimination in Real Property Transactions): This state law clearly bans discrimination on the basis of sexual orientation, gender identity, or gender expression in rental housing. Read the Hawaii Discrimination in Real Property Transactions Act.
• Federal Fair Housing Act (FHA): Interpreted to cover discrimination against LGBTQ+ individuals by the U.S. Department of Housing and Urban Development (HUD). Find details about Fair Housing Rights at HUD.

This means landlords cannot:

• Refuse to rent to you because you are LGBTQ+
• Evict or harass you for your gender identity or sexual orientation
• Set different terms, rules, deposit amounts, or fees based on LGBTQ+ status
• Threaten or retaliate if you assert your rights

Filing a Housing Discrimination Complaint in Hawaii

If you believe you’ve been discriminated against as an LGBTQ+ renter, you have the right to file a complaint. The Hawaii Civil Rights Commission (HCRC) handles housing discrimination complaints in the state.

Official Complaint Form: Housing Discrimination Intake Questionnaire (HCRC Form)

• Form Name: Housing Discrimination Intake Questionnaire
• Use: Start the process of filing a housing discrimination complaint. Complete this form if you’ve experienced bias or unfair treatment from a landlord due to sexual orientation, gender identity, or expression.
• How to Use: Fill out basic information about yourself, your landlord, and what happened. For example, if a landlord rejected your rental application after learning you are transgender, use this form to describe those events and submit it to the HCRC.
• Download the HCRC Housing Discrimination Intake Questionnaire (PDF)

What Happens Next?

After submitting your intake questionnaire, the HCRC reviews your case. They may request more details, investigate, and if necessary, help mediate or pursue legal action. The Commission has authority to require landlords to stop discriminatory practices and may order remedies, including compensation.

If you've experienced housing discrimination, act quickly. You generally must file within 180 days of the incident.

Your Rights and Remedies

• You have the right to rent, occupy, and enjoy housing without discrimination.
• Landlords cannot retaliate against you for filing a complaint or standing up for your rights.
• If the HCRC determines there was unlawful discrimination, they can require the landlord to make changes, pay damages, or offer you housing.

This process is confidential and does not cost anything to renters. If you need language assistance or other accommodations, the HCRC will provide support.

FAQ: LGBTQ+ Housing Rights for Hawaii Renters

1. Can my landlord ask about my sexual orientation or gender identity?
   No, your landlord is not allowed to ask for this information, nor can they use it to make rental decisions.
2. What if my rent was raised after I came out?
   If you believe your rent was increased because of your LGBTQ+ status, this may qualify as discrimination. You can file a complaint with the Hawaii Civil Rights Commission.
3. How long do I have to file a housing discrimination complaint?
   In Hawaii, you must file your complaint with the HCRC within 180 days (about six months) from the date of the incident.
4. Can I be evicted for being LGBTQ+?
   No. Evicting someone due to their sexual orientation or gender identity is illegal under Hawaii law.
5. Is there a fee to file a discrimination complaint?
   No. Filing a complaint with the HCRC is free for renters.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC): Official tribunal for housing discrimination complaints. Phone: (808) 586-8636
• HUD Hawaii Field Office: For federal fair housing assistance
• Hawaii Office of Consumer Protection – Landlord-Tenant Information
• HCRC Housing Discrimination Intake Questionnaire
• Read HRS § 515 (Hawaii's Fair Housing Law)

---

1. Hawaii Revised Statutes § 515: Discrimination in Real Property Transactions
2. Hawaii Civil Rights Commission: Filing a Housing Discrimination Complaint
3. HUD Fair Housing & Equal Opportunity: Title VIII of the Civil Rights Act (Fair Housing Act)
4. HCRC Housing Discrimination Intake Questionnaire: Official Form

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