Protected Classes and Fair Housing Rights in Hawaii

Understanding your rights as a renter is key to ensuring fair treatment in Hawaii's vibrant housing market. Hawaii fair housing laws provide strong protections against discrimination, supporting diverse, inclusive communities across the state. This guide covers who is protected, what actions are illegal for landlords, and how renters can seek help if they experience discrimination.

What Are Protected Classes Under Hawaii Fair Housing Laws?

"Protected classes" are personal characteristics that cannot be used as a basis for discrimination in housing. Both Hawaii and federal law prohibit landlords and property managers from treating renters unfairly based on these traits.

Hawaii State Protected Classes

Hawaii's fair housing law protects more groups than the federal Fair Housing Act. Under Hawaii Revised Statutes Chapter 515: Discrimination in Real Property Transactions, it is illegal for landlords to discriminate based on any of the following:

• Race
• Color
• National origin
• Religion
• Sex, gender identity, or gender expression
• Familial status (including children under 18 or pregnant individuals)
• Disability
• Age
• Marital status
• HIV infection
• Sexual orientation
• Domestic or sexual violence victim status
• Ancestry
• Source of income (including housing vouchers or public assistance)

Federal law protects race, color, national origin, religion, sex, familial status, and disability. Hawaii extends even more coverage to renters.

What Does Discrimination Look Like?

Housing discrimination can take many forms, such as:

• Refusing to rent, show, or negotiate for housing
• Setting different terms or conditions for different renters
• Advertising with discriminatory language (e.g., "no Section 8", "no kids")
• Denying reasonable accommodations for disabilities

Your Rights and Responsibilities as a Renter

Hawaii tenants are entitled to seek, rent, and live in housing—free from discrimination—under state and federal fair housing laws.

• You cannot be denied a rental, have your lease terminated, or be evicted for reasons tied to a protected class.
• Landlords must consider all forms of legal source of income—refusing renters for using a Section 8 voucher is prohibited.
• You have the right to request reasonable accommodations if you have a disability.

For additional details, you can consult the official Hawaii Civil Rights Commission (HCRC), which enforces these laws, or review the full text of HRS §515.

How to File a Fair Housing Discrimination Complaint in Hawaii

If you think you've been discriminated against in housing, you can file a complaint with the Hawaii Civil Rights Commission (HCRC), the official state body handling residential tenancy discrimination matters. The process is designed to be accessible for renters.

Official Discrimination Complaint Form

• Form Name: HCRC Discrimination Complaint Intake Form
• Used When: You believe a landlord, property manager, or real estate agent discriminated against you based on a protected characteristic (such as refusal to rent or unfair eviction)
• How to Use: Complete the HCRC Intake Form, submit it to the HCRC by email, fax, mail, or in person. The commission will review and may start an investigation.

Practical Example: If you called about an apartment and were told "we don't rent to families with children", you can fill out the HCRC Intake Form, noting the date, parties involved, and what was said. Submit this to the HCRC for assistance and investigation.

If you feel overwhelmed or are unsure where to start, you can call the HCRC at (808) 586-8636 for guidance and help with the process.

Relevant Tribunal and Legislation

The Hawaii Civil Rights Commission (HCRC) is the official tribunal that investigates and resolves fair housing complaints. Hawaii landlords and renters are governed by the Hawaii Revised Statutes Chapter 515 and the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521).

FAQ: Hawaii Fair Housing Protections for Renters

1. Who qualifies as a protected class in Hawaii housing law?
   Anyone who faces discrimination based on race, color, national origin, religion, sex, gender identity or expression, familial status, disability, age, marital status, HIV infection, sexual orientation, domestic or sexual violence victim status, ancestry, or source of income is protected under Hawaii law.
2. Can a landlord refuse my Section 8 or housing voucher?
   No, Hawaii law prohibits landlords from discriminating against renters based on source of income—including housing assistance like Section 8 vouchers.
3. Is it legal for a landlord to limit children in a rental unit?
   No. Limiting or refusing rental to families with children under 18 is prohibited by both Hawaii and federal law.
4. How long do I have to file a discrimination complaint?
   Generally, you must file your complaint with the HCRC within 180 days of the last discriminatory act. It's best to act quickly and keep any evidence or documentation.
5. Where do I file a complaint if I experience housing discrimination?
   File directly with the Hawaii Civil Rights Commission by submitting the official intake form by email, mail, fax or in person.

Key Takeaways

• Hawaii protects renters from discrimination on a wide range of grounds, including source of income and gender identity.
• If discrimination happens, renters can file a complaint using the official HCRC form.
• Both the HCRC and Hawaii's fair housing statutes offer robust support for renters seeking fair treatment.

Stay informed and proactive to make sure your renter rights are respected. If you suspect discrimination, help is available.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC) – Main enforcement agency for fair housing laws. Phone: (808) 586-8636
• HCRC Discrimination Complaint Intake Form (PDF) – Use to start a complaint about housing discrimination
• State of Hawaii Department of the Attorney General: Consumer Forms
• U.S. Department of Housing and Urban Development (HUD) – Hawaii office
• Hawaii State Judiciary – Landlord-Tenant Self-Help Center

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1. Hawaii Revised Statutes (HRS) Chapter 515: Discrimination in Real Property Transactions
2. Hawaii Civil Rights Commission (HCRC): Fair Housing Information
3. Official HCRC Intake Form: Discrimination Complaint Intake Form
4. Hawaii Residential Landlord-Tenant Code (HRS Chapter 521): Full text of law

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