Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-307 - Discrimination on the basis of familial status

Current through June,
				2024
It is a discriminatory practice for an owner or any person
				  engaging in a real estate transaction, or for a real estate broker or
				  salesperson to:
(1) Refuse to engage
				in a real estate transaction with a person because of familial
				status;
(2) Impose house rules,
				by-laws, or other provisions, established by a condominium association,
				cooperative association, apartment complex tenants', owners', or leaseholders'
				association, or any other organization or association, which by intent or
				effect discriminate against a person because of familial status;
Example:
House rules (e.g. "two person limit to a bedroom") which have
				  the effect of discriminating ("adverse impact") against persons with children
				  (because the overall square footage is large enough under housing code for
				  three persons) are unlawful unless the rule can be justified by establishing a
				  business necessity. House rules (e.g. "no families with children") which
				  intentionally discriminate against persons with children are unlawful unless
				  there is a specific exemption for the rule under this subchapter or sections
				  515-4 or
				  515-8,
				  HRS.
(3) Impose occupancy
				limits on a housing accommodation sought by a person because of familial
				status, unless such limits are justified by establishing a business necessity;
Example:
A person with children seeking a housing accommodation cannot
				  be denied the accommodation on the basis of an occupancy limit unless it is
				  based upon a compelling and well established public purpose, such as a county
				  building code established to promote public safety, and there are no other
				  reasonable means to serve the same purpose with less discriminatory
				  impact.
(4) Impose against
				a person because of familial status, by way of any action to evict, terminate
				the tenancy, or refuse to engage in a real estate transaction, occupancy limits
				on a housing accommodation which is currently occupied by such person, unless
				justified by business necessity by demonstrating that such limits are required
				by county building codes established to promote public safety, and if the
				person has asked the owner, person engaging in a real estate transaction, real
				estate broker, or salesperson to apply for a variance or exemption from the
				county, the application for variance or exemption has been denied;
Example:
A current tenant whose family size exceeds occupancy limits,
				  which are required by a county building code established to promote public
				  safety, may ask an owner, any person engaging in a real estate transaction, or
				  real estate broker or salesperson to apply for a variance or exemption to the
				  county building code prior to being evicted from the accommodation. The owner
				  may apply for the variance or authorize the tenant to do so, in which case the
				  owner shall reasonably assist the tenant and provide any necessary documents in
				  the owner's possession. If denied by the county agency, the occupancy limit can
				  be used as the basis to evict. The tenant asking that the exemption be sought
				  can be required to pay any filing fee and associated costs.
(5) Restrict or prohibit the use by children
				of common use or public use areas or recreational facilities, unless based upon
				business necessity;
(6) Designate
				separate areas for use by children so as to justify separate areas where
				children are excluded;
(7) Require
				the payment of a higher security deposit, surcharge, or additional fees because
				of familial status; or
(8) Require
				a person to sign a waiver of liability as a condition of occupancy by
				children.