Hawaii Rental Laws on Criminal Background Checks

Hawaii renters have important protections when it comes to criminal history checks. Understanding how Hawaii law treats these background checks can help you feel more confident and informed in your rental search or during a current tenancy. This article breaks down what landlords can legally ask, your rights under state and federal law, and what to do if you encounter discrimination because of your record.

Can Hawaii Landlords Ask About Criminal History?

In Hawaii, landlords are allowed to ask about your criminal history during the rental application process. However, there are strict rules regarding how and when this information can be used to make rental decisions.

State and Federal Protections for Renters

• Fair Chance Law: Under Hawaii Revised Statutes Chapter 514B, there is some protection against discrimination based on certain types of criminal records, but this primarily applies to condominium associations, not private landlords¹.
• Federal Law: The federal Fair Housing Act prohibits landlords from using criminal history as a way to disguise discrimination based on race, color, national origin, religion, sex, disability, or family status². Blanket bans on any applicant with a criminal record may be considered discriminatory.

In summary, landlords in Hawaii can ask about criminal convictions. However, rejecting an applicant solely based on having any criminal record, or using that information in a way that leads to racial or other illegal discrimination, is not allowed.

How Landlords May Use Criminal Background Information

Hawaii law generally allows landlords to:

• Request criminal history as part of tenant screening
• Deny applications for certain violent or drug-related felonies
• Use conviction records (not just any arrest records)

However, landlords should consider:

• The nature and severity of the offense
• The amount of time since the conviction
• Rehabilitation evidence or positive references

Forms and Official Process

Filing a Housing Discrimination Complaint

If you think a landlord denied your rental application or evicted you unfairly because of your criminal history, you can file a discrimination complaint.

• Form: Hawaii Civil Rights Commission Housing Discrimination Complaint Form
• When to Use: Use this if you believe a housing provider violated Hawaii’s fair housing and anti-discrimination laws.
• Where to Find: Download from the official HCRC website.
• How It Works (Example): If your prospective landlord rejected you after learning about an old, nonviolent conviction, and you are a member of a protected class (for example, based on race or disability), you can complete and submit the complaint form to the Hawaii Civil Rights Commission.

Tribunal Handling Residential Tenancy Issues

• The Hawaii Civil Rights Commission (HCRC) is the official body responsible for housing discrimination complaints.
• General landlord-tenant disputes (not involving discrimination) are handled by Hawaii district courts and information is available from the Hawaii Department of Commerce and Consumer Affairs: Landlord-Tenant Information.

Your Rights Under Hawaii’s Landlord-Tenant Code

The main law protecting renters in Hawaii is the Hawaii Residential Landlord-Tenant Code (HRS Chapter 521)³. While it does not specifically restrict asking about criminal history, it prohibits all forms of illegal discrimination.

The law requires that all rental applicants be treated fairly. Exceptions for criminal convictions must be reasonable and not a cover for other types of discrimination.

FAQ: Criminal History and Rentals in Hawaii

1. Can I be denied an apartment in Hawaii for any criminal conviction?
   Landlords can consider criminal convictions, but they must base their decisions on the nature and seriousness of the offense—not on blanket bans.
2. Are arrest records treated the same as convictions?
   No. Landlords should not use arrest-only records to deny housing. Only convictions may be considered.
3. Who do I contact if I face housing discrimination because of my record?
   You can file a complaint with the Hawaii Civil Rights Commission using their official process and form.
4. Is there a standard background check form for Hawaii rentals?
   No. Landlords may use their own screening forms, but any information collected must comply with fair housing laws.
5. Does expunging my record affect what a landlord can see?
   Yes. An expunged record should not appear on background checks and cannot be used against you in housing decisions.

Conclusion: What Hawaii Renters Should Know

• Hawaii landlords may ask about criminal history, but must use this information fairly and without discrimination.
• If you feel unfairly denied, especially as a member of a protected class, you have the right to file a complaint with the Hawaii Civil Rights Commission.
• Always keep records of your applications and any correspondence about your criminal history for your protection.

Need Help? Resources for Renters

• Hawaii Civil Rights Commission (HCRC) – File discrimination complaints and get help understanding your rights
• Department of Commerce and Consumer Affairs: Landlord-Tenant Information – General landlord/tenant law and complaint guidance
• U.S. Department of Housing and Urban Development (HUD) – File a federal fair housing complaint

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1. Hawaii Revised Statutes, Chapter 514B – Condominiums
2. HUD Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records
3. Hawaii Residential Landlord-Tenant Code (HRS 521)

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