Parking Rights for Disabled Renters in Hawaii

Finding secure, accessible parking is a critical everyday need for many tenants with disabilities in Hawaii. State and federal laws protect the right of renters to request reasonable parking accommodations from their landlords, ensuring independence and equal access to housing. This page breaks down these rights, the legal process, and where to get help.

Understanding Disability Parking Accommodations in Hawaii Rentals

Both the federal Fair Housing Act and Hawaii state laws require landlords to consider requests for reasonable accommodations from tenants with disabilities. This includes dedicated or accessible parking when needed due to a disability.^[1]

What Counts as a Reasonable Accommodation?

A reasonable accommodation is a change in a landlord's policies or services that allows a tenant with a disability equal opportunity to use and enjoy their home. For parking, this might include:

• Assigning a reserved, accessible parking space close to the unit
• Permitting use of guest or no-parking areas for disability needs
• Adjusting parking policies to permit specialized vehicles or loading space

Landlords are not required to provide accommodation if it causes them undue financial or administrative burden, but denial must be backed by clear, justifiable reason and usually requires discussion with the tenant.

Your Legal Rights and the Law

In Hawaii, renter rights to accommodations are covered primarily by:

• The Hawaii Discriminatory Practices in Real Property Transactions Act (Haw. Rev. Stat. § 515)^[1]
• The federal Fair Housing Act

Both laws prohibit landlords from refusing to make reasonable accommodations for tenants with disabilities, including parking-related needs.

How to Request a Parking Accommodation

Requests should be made in writing and explain how your disability requires the parking change. Landlords may ask for verification if your disability or need isn't obvious. A doctor’s note or disability parking permit are common forms of verification.

Hawaii Reasonable Accommodation Request Form

• Form name: Reasonable Accommodation Request (No state-standard number)
  When/how to use: Submit this form (written letter or template) to your landlord/property manager to request a specific accommodation, like a reserved parking spot. For example: “I require a designated, accessible parking space near my unit due to my mobility impairment.”
  Download the Reasonable Accommodation Request form (PDF)

Always keep a copy and note the delivery date. Most landlords must respond promptly—typically within 10–14 days.

Disputes, Denials, and Complaints

If your landlord denies the accommodation, they must provide a clear reason in writing. If you believe the denial is discriminatory or not based on legitimate hardship:

• You may file a complaint with the Hawaii Civil Rights Commission (HCRC), the state agency handling housing discrimination and tenant-landlord disputes involving disability rights.
• Alternatively, you can file a federal complaint through the HUD Fair Housing Complaint Portal.

The Hawaii Civil Rights Commission investigates, mediates, and, if needed, issues orders on such housing complaints.

Step-by-Step: Requesting a Parking Accommodation

These action steps help Hawaii renters navigate requests and complaints about disability parking needs:

• Identify your need (example: mobility impairment requiring parking near your entrance).
• Download or draft a Reasonable Accommodation Request form (see link above).
• Gather verification documents if needed (e.g., doctor’s note, disability parking placard copy).
• Submit the request to your landlord or property manager. Keep copies and note dates.
• If denied, request the decision in writing and review their explanation.
• File a complaint with the HCRC or HUD if you feel your rights have been violated.

Act promptly: State and federal agencies have time limits for filing complaints, often 180 to 365 days.

Frequently Asked Questions

1. Can my landlord charge me extra for a reserved accessible parking space?
   Landlords generally cannot charge extra for a parking spot if you require it due to a disability and the property offers parking. The spot must be provided at no additional cost as a reasonable accommodation.^[1]
2. What if my building has limited parking or none at all?
   If parking is available for any tenants, disabled tenants must get equivalent access. If no parking is provided to any tenant, the law typically does not require the landlord to create new spaces where none exist. However, modifications to policies (like closer drop-off or using guest spots) can be requested.
3. Can the landlord require proof of my disability for a parking accommodation?
   Yes, if your disability or the need for accommodation is not obvious, a landlord may ask for reasonable documentation, such as a medical note or a copy of a disability parking placard.
4. What should I do if my landlord ignores my request?
   If a reasonable time passes (about 10–14 days) and your landlord doesn't respond, follow up in writing. If there's still no response, you may contact the HCRC for help.
5. Who oversees tenant-landlord disability disputes in Hawaii?
   The Hawaii Civil Rights Commission is the official agency for housing discrimination and accommodation complaints.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC) — File a complaint, get information, or speak to an investigator regarding housing accommodations and discrimination.
• File a Housing Complaint Form with HCRC
• Hawaii Disability Parking Permit Information — For details and forms on obtaining a state disability parking placard.
• U.S. Department of Housing and Urban Development – Fair Housing Guidance
• Hawaii Discriminatory Practices in Real Property Transactions Act (Chapter 515, HRS)

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1. Hawaii Discriminatory Practices in Real Property Transactions Act (Haw. Rev. Stat. § 515)

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