HRS Chapter 515
Unofficial*

DISCRIMINATION IN REAL PROPERTY TRANSACTIONS

*  These sections from the Hawaii Revised Statutes are made available on this site by the Hawai'i Civil Rights Commission as a public service. Neither the State of Hawai'i, nor any agency, officer or employee of the State of Hawai'i, guarantees its accuracy, reliability, completeness or timeliness, and may not be held liable for any losses caused by any person's or entity's reliance on the statutes as published here. Users are advised to consult the official published version of the Hawaii Revised Statutes, and that any reliance on the statutes cited here is done at their own risk.

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SECTIONS:

§ 515-1 Construction.
This chapter shall be construed according to the fair import of its terms and shall be liberally construed. [L 1967, c 193, pt of § 1; HRS § 515-1]

§ 515-2 Definitions.
In this chapter, unless the context otherwise requires: "Age" means over the age of majority or emancipated minors.
"Commission" means the civil rights commission.
"Disability" means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include current illegal use of or addiction to a controlled substance or alcohol or drug abuse that threatens the property or safety of others.
"Discriminatory practice" means a practice designated as discriminatory under the terms of this chapter.
"Familial status" means the status of: a parent having legal custody of and domiciled with a minor child or children, a person who is domiciled with a minor child or children and who has written or unwritten permission from the legal parent, a person who is pregnant, or any person who is in the process of securing legal custody of a minor child or children.
"Housing accommodation" includes any improved or unimproved real property, or part thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals.
"National origin" includes the national origin of an ancestor.
"Person" refers to the definition of section 1-19 and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency.
"Real estate broker or salesperson" means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property, or who negotiates or attempts to negotiate any of these activities, or who purports to be engaged in these activities, or who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property, or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these.
"Real estate transaction" includes the sale, exchange, rental, or lease of real property.
'Real property" includes buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
"Steering" includes the practice of directing persons who seek to enter into a real estate transaction toward or away from real property in order to deprive them of the benefits of living in a discrimination-free environment. [L 1967, c 193, § 2; HRS § 515-2; am L 1976, c 159, § 3; am L 1982, c 204, § 8; am L 1983, c 124, § 17; am L 1984, c 105, § 1; am L 1989, c 386, § 4; am L 1990, c 275, § 2; am L 1992, c 33, § 5 and c 171, § 2]

§ 515-3 Discriminatory practices.
It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV (human immunodeficiency virus) infection:

1. To refuse to engage in a real estate transaction with a person;
2. To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection therewith;
3. To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
4. To refuse to negotiate for a real estate transaction with a person;
5. To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or to fail to bring a property listing to the person's attention, or to refuse to permit the person to inspect real property, or to steer a person seeking to engage in a real estate transaction;
6. To print, circulate, post, or mail, or cause to be so published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination with respect thereto;
7. To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection therewith;
8. To refuse to engage in a real estate transaction with a person or to deny equal opportunity to use and enjoy a housing accomodation due to a disability because the person uses the services of a guide dog, signal dog, or service animal; provided that reasonable restrictions or prohibitions may be imposed regarding excessive noise or other problems caused by those animals. For the purposes of this paragraph:
   "Blind" shall be as defined in section 235-1;
   "Deaf" shall be as defined in section 235-1;
   "Guide dog" means any dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a harness attached to the dog and a rigid handle grasped by the person;
   "Reasonable restriction" shall not include any restriction that allows any owner or person to refuse to negotiate or refuse to engage in a real estate transaction; provided that as used in this paragraph, the "reasonableness" of a restriction shall be examined by giving due consideration to the needs of a reasonable prudent person in the same or similar circumstances. Depending on the circumstances, a "reasonable restriction" may require the owner of the service animal guide dog, or signal dog to comply with one or more of the following:

   (A) Observe applicable laws including leash laws and pick-up laws; (B) Assume responsibility for damage caused by the dog; or (C) Have the housing unit cleaned upon vacating by fumigation, deodorizing, professional carpet cleaning, or other method appropriate under the circumstances.

   The foregoing list is illustrative only, and neither exhaustive nor mandatory; "Service animal" means any animal that is trained to provide those life activities limited by the disability of the person; "Signal dog" means any dog that is trained to alert a deaf person to intruders or sounds;
9. To solicit or require as a condition of engaging in a real estate transaction that the buyer, renter, or lessee be tested for human immunodeficiency virus infection (HIV), the causative agent of acquired immunodeficiency syndrome (AIDS);
10. To refuse to permit, at the expense of a person with a disability, reasonable modifications to existing premises occupied or to be occupied by the person if modifications may be necessary to afford the person full enjoyment of the premises. A real estate broker or salesperson, where it is reasonable to do so, may condition permission for a modification on the person agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear accepted;
11. To refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a housing accommodation;
12. In connection with the design and construction of covered multi-family housing accommodations for first occupancy after March 13, 1991, to fail to design and construct housing accommodations in such a manner that:
    (A) The housing accommodations have at least one accessible entrance, unless it is impractical to do so because of the terrain or unusual characteristics of the site; and
    (B) With respect to housing accommodations with an accessible building entrance:

    (i) The public use and common use portions of the housing accommodations are accessible to and usable by disabled persons;
    (ii) Doors allow passage by persons in wheelchairs; and
    (iii) All premises within covered multifamily housing accommodations contain an accessible route into and through the housing accommodations; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; reinforcements in the bathroom walls allow installation of grab bars; and kitchens and bathrooms are accessible by wheelchair;

    or
13. To discriminate against or deny a person access to, or membership or participation in any multiple listing service, real estate broker's organization, or other service, organization, or facility involved either directly or indirectly in real estate transactions, or to discriminate against any person in the terms or conditions of such access, membership, or participation.

§ 515-4 Exemptions.
(a) Section 515-3 does not apply:

1. To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the lessor resides in one of the housing accommodations; or
2. To the rental of a room or up to four rooms in a housing accommodation by an individual if the individual resides therein.

§ 515-5 Discriminatory financial practices.
It is a discriminatory practice for a person, a representative of such person, or a real estate broker or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for the construction, rehabilitation, repair, maintenance, or improvement of real property, because of race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV (human immunodeficiency virus) infection:

1. To discriminate against the applicant;
2. To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination unless such records are required by federal law;
3. To discriminate in the making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a dwelling, or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate; or
4. To discriminate in the selling, brokering, or appraising of residential real property.

§ 515-6 Restrictive covenants and conditions.
(a) Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV (human immunodeficiency virus) infection, is void.
(b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property on the basis of race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes.
(c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title. [L 1967, c 193, § 6; HRS § 515-6; am L 1971, c 124, § 3; am L 1976, c 159, § 6; am L 1989, c 391, § 4; am L 1990, c 275, § 6; am L 1992, c 33, § 5, c 171, § 6]

§ 515-7 Blockbusting.
It is a discriminatory practice for a person, representative of a person, real estate broker or salesperson, for the purpose of inducing a real estate transaction from which the person, representative, broker or salesperson may benefit financially, because of race, sex, color, religion, marital status, ancestry, disability, age, or HIV infection:

1. To represent that a change has occurred or will or may occur in the composition of the owners or occupants in the block, neighborhood, or area in which the real property is located, or
2. To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools in the block, neighborhood, or area in which the real property is located.

§ 515-8 Religious institutions.
It is not a discriminatory practice for a religious institution or organization or a charitable or educational organization operated, supervised, or controlled by a religious institution or organization to give preference to members of the same religion in a real property transaction, unless membership in such religion is restricted on account of race, color, or ancestry. [L 1967, c 193, § 8; HRS § 515-8; am L 1971, c 124, § 5; am L 1992, c 171, § 8]

§ 515-9 Enforcement.
The civil rights commission has jurisdiction over the subject of real property transaction practices and discrimination made unlawful by this chapter. The commission has the following powers:

1. To receive, initiate, investigate, seek to conciliate, hold hearings on, and pass upon complaints alleging violations of this chapter in accordance with the procedure established in chapter 368, except that investigations shall be completed within one hundred days and a final administrative disposition shall be made within one year of the date of the receipt of the complaint, unless impracticable to do so;
2. At any time after a complaint is filed, to require answers to interrogatories, compel the attendance of witnesses, examine witnesses under oath or affirmation, and require the production of documents relevant to the complaint. Before a finding of reasonable cause, chapter 368 to the contrary notwithstanding, the commission may issue a notice of right to sue upon written request of the complainant which must be exercised within ninety days of receipt of the notice or one year after the filing of the complaint, whichever is later. The commission may make rules authorizing any individual designated to exercise these powers in the performance of official duties;
3. Chapter 368 to the contrary notwithstanding, after a finding of reasonable cause, to notify the complainant, respondent, or an aggrieved person on whose behalf the complaint was filed, that an election may be made to file a civil action in lieu of an administrative hearing. The election must be made not later than twenty days after receipt by the electing party of the notice. The electing party shall be provided with a notice of right to sue which must be exercised within ninety days of receipt of that notice or one year after the filing of the complaint, whichever is later. The commission will provide legal representation to the complainant in the event of an election by any party. After the filing of a civil action, the parties may stipulate to have the matter remanded for an administrative hearing;
4. To furnish technical assistance requested by persons subject to this chapter to further compliance with the chapter or an order issued thereunder;
5. To make studies appropriate to effectuate the purposes and policies of this chapter and to make the results thereof available to the public;
6. To render at least annually a comprehensive written report to the governor and to the legislature. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this chapter; and
7. In accordance with chapter 91 to adopt rules to effectuate the purposes and policies of this chapter, including rules requiring the inclusion in advertising material of notices prepared or approved by the commission.

§ 515-10 to 12 REPEALED.
§ 515-13 Remedies.
(a) If the commission determines that the respondent has engaged in a discriminatory practice, the commission shall state its findings of fact and conclusions of law and shall issue an order requiring the respondent to cease and desist from the discriminatory practice and to take such affirmative actions as in the judgment of the commission will carry out the purposes of this chapter. A copy of the order shall be delivered to the respondent, the complainant, the attorney general, and to such other public officers and persons as the commission deems proper.
(b) Affirmative action ordered under this section may include, but is not limited to:

1. Sale, exchange, lease, rental, assignment, or sublease of real property to an individual;
2. Extension to all individuals of the full and equal enjoyment of the advantages, facilities, privileges, and services of the respondent;
3. Reporting as to the manner of compliance;
4. Posting notices in conspicuous places in the respondent's place of business in form prescribed by the commission and inclusion of such notices in advertising material;
5. Cancellation, rescission, or revocation of a contract, deed, lease, or other instrument transferring real property, which is the subject of a complaint of a discriminatory practice, to a person who had actual knowledge or record notice, prior to the transfer or the execution of the legally binding obligation to make the transfer, that a determination of reasonable cause had been made with respect to the discriminatory practice;
6. Payment to an injured party of profits obtained by the respondent through a violation of section 515-7, subject to the principles of equity;
7. Payment to the complainant of damages for an injury caused by the discriminatory practice and costs, including a reasonable attorney's fee. Unless greater damages are proven, damages may be assessed at $500 for each violation.

§ 515-16 Other discriminatory practices.
It is a discriminatory practice for a person, or for two or more persons to conspire:

1. To retaliate, threaten, or discriminate against a person because of the exercise or enjoyment of any right granted or protected by this chapter, or because the person has opposed a discriminatory practice, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this chapter;
2. To aid, abet, incite, or coerce a person to engage in a discriminatory practice;
3. To interfere with any person in the exercise or enjoyment of any right granted or protected by this chapter or with the performance of a duty or the exercise of a power by the commission;
4. To obstruct or prevent a person from complying with this chapter or an order issued thereunder;
5. To intimidate or threaten any person engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise rights granted or protected by this chapter; or
6. To threaten, intimidate or interfere with persons in their enjoyment of a housing accommodation because of the race, sex, color, religion, marital status, familial status, ancestry, disability, age, or HIV infection of such persons, or of visitors or associates of such person.

§ 515-17 Attempts
. An attempt to commit, directly or indirectly, a discriminatory practice is a discriminatory practice. [L 1967, c 193, § 17; HRS § 515-17]

§ 515-18 Conciliation agreements.
(a) Section 368-4 to the contrary notwithstanding, any conciliation agreement which results after a finding of cause shall be subject to the approval of the commission and shall be made public unless the complainant and respondent otherwise agree and the commission determines that disclosure is not required to further the purposes of this chapter.
(b) It is a discriminatory practice for a party to a conciliation agreement made under this chapter to violate the terms of the agreement. [L 1967, c 193, § 18; HRS § 515-18; am L 1992, c 171, § 11]

§ 515-19 Public contractors.
Upon receiving a certification made under section 515-13(c), a contracting agency may take appropriate action to:

1. Terminate a contract or portion thereof previously entered into with the respondent, either absolutely or on condition that the respondent carry out a program of compliance with this chapter; and
2. Assist the State and all counties, and agencies thereof, to refrain from entering into further contracts, or extensions or other modifications of existing contracts, with the respondent until the commission is satisfied that the respondent will carry out policies in compliance with this chapter.

§ 515-20 Prima facie evidence.
In a proceeding under this chapter, a written, printed, or visual communication, advertisement, or other form of publication, or written inquiry, or record, or other document purporting to have been made by a person is prima facie evidence that it was authorized by the person. [L 1967, c 193, § 20; HRS § 515-20; am imp L 1984, c 90, § 1]