Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-302 - Definitions

Current through June, 2024
As used in this subchapter, unless the context otherwise
				  requires:
"Accessible"
means a housing accommodation
				  constructed in conformity with the appropriate requirements of ANSI A117.1-1986
				  or the Fair Housing Accessibility Guidelines issued by the Department of
				  Housing and Urban Development.
"Age"
means over the age of majority or
				  emancipated minors.
"Ancestry"
means national origin and includes
				  reasons related to ancestry, such as:
(1) Marriage to or association with persons of an ancestral
				  group;
(2) Membership in or association with an organization
				  identified with or seeking to promote the interests of an ancestral
				  group;
(3) Attendance or participation in schools, churches,
				  temples, or mosques, generally used by persons of an ancestral group;
				  and
(4) Because an individual's name or spouse's name is
				  associated with an ancestral group.
"ANSI A117.1-1986"
means the 1986 edition of the
				  American National Standards Institute for buildings and facilities providing
				  accessibility and usability for disabled persons.
"Application"
means written, oral, or telephone
				  inquiries.
"Assistance animal"
means an animal that is
				  needed to perform disability-related work, services or tasks for the benefit of
				  a person with a disability, or is needed to provide emotional support that
				  alleviates one or more identified symptoms or effects of a person's disability.
				  Assistance animals may include, but are not limited to, service animals,
				  therapy animals, comfort animals or emotional support animals. Assistance
				  animals may have formal training or may be untrained, any may include species
				  other than dogs.
"Business necessity"
means a compelling and well
				  established public purpose which also establishes that there is no reasonable
				  alternative means of serving the same purpose with less discriminatory
				  impact.
"Commission"
means the civil rights
				  commission.
"Common use areas"
means rooms, spaces, or
				  elements inside or outside of a housing accommodation that are made available
				  for the use of residents or the guests thereof These areas include hallways,
				  lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas,
				  and passageways among and between housing accommodations.
"Complainant"
means any person, including a
				  tester or associates of a person with a protected basis, who claims to have
				  been injured by a discriminatory real estate transaction practice or who
				  believes that such person will be injured by a discriminatory real estate
				  transaction practice that is about to occur and files a complaint in accordance
				  with chapter
				  368, HRS, with the commission. The
				  law does not require such persons to expose themselves to the injury involved
				  with the actual act of discrimination before filing a complaint.
"Controlled substance"
means any drug,
				  substance, or immediate precursor included in schedules I through V of part II
				  of chapter
				  329, HRS.
"Covered multi-family housing accommodations"
means buildings consisting of four or more housing accommodations, if such
				  buildings have one or more elevators; and ground floor dwelling units in other
				  buildings consisting of four or more housing accommodations.
"Direct threat"
means a significant risk of
				  substantial harm to the health or safety of the " person or others that cannot
				  be mitigated or eliminated by a reasonable accommodation based upon an
				  individualized assessment. The risk of harm should be identifiable,
				  substantial, current, or probable and not a remote or speculative risk.
"Disability"
means having a physical or mental
				  impairment which substantially limits one or more major life activities, having
				  a record of such impairment, or being regarded as having such an impairment,
				  including persons who have HIV or AIDS. 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 subchapter.
"Domiciled"
means residence or physical presence
				  at a location and the intent to remain, and includes a minor child staying in a
				  housing accommodation on a regular basis with a parent or relative because of
				  visitation rights granted by a court, or because of written or unwritten
				  permission from a legal parent.
"Fair Housing Accessibility Guidelines"
means
				  guidelines issued by the Department of Housing and Urban Development on March"
				  6, 1991 to provide technical guidance on designing housing accommodations as
				  required by the Fair Housing Amendments Act of 1988.
"Familial status"
means the presence of children
				  under eighteen years old in a family, including, but not limited to, a person
				  having custody and domiciled with a minor child or children; a person domiciled
				  with a minor child or children who has written or unwritten permission from the
				  legal parent, such as a hanai relationship; a person who is pregnant; or any
				  person who is in the process of securing legal custody of a minor child or
				  children.
"Hanai relationship"
includes a child who is
				  taken permanently to reside, be educated, and reared by someone other than the
				  natural parents, traditionally a grandparent or other relative, with the
				  written or unwritten permission of the natural parents.
"Housing accommodation"
means 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; any building, structure, or portion
				  thereof which is occupied as, or designed or intended for occupancy as a
				  residence by one or more families; any vacant land which is offered for sale or
				  lease for the construction or location thereon of any building, structure, or
				  portion thereof as the home or residence of one or more individuals; including,
				  but not limited to, houses, apartments, town houses, mobile home parks, trailer
				  courts, condominiums, cooperatives, and time-sharing properties.
"Legitimate non-discriminatory reason"
means a
				  bona fide and compelling justification for a practice, policy, or action
				  established by objective proof or evidence, which standing alone would have
				  resulted in the same practice, policy, or action.
"Limitation" or "limit"
includes actions which
				  exclude individuals or persons or result in creating a preference for an
				  individual or person.
"National origin"
refers to ancestry and may
				  include the national origin of an ancestor.
"Person"
means an individual, corporation, firm,
				  association, society, community, assembly, inhabitant of a district or
				  neighborhood, person known and unknown, the public generally, legal
				  representative, partnership, receiver, trust, trustee, trustee in bankruptcy,
				  the State, or any governmental entity or agency, labor organization, mutual aid
				  company, joint stock company, unincorporated organization, management company,
				  tenant association, fair housing organization, or fiduciary.
"Protected basis"
means race, sex (including
				  gender identity or expression), sexual orientation, color, religion, marital
				  status, familial status, ancestry, disability, age, or HIV (human
				  immunodeficiency virus) infection.
"Public use areas"
means interior or exterior
				  rooms or spaces of a housing accommodation that are made available to the
				  general public. Public use may be provided at a housing accommodation that is
				  privately or publicly owned.
"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"
means the advertising,
				  sale, exchange, rental, lease, management, or use of real property, including,
				  but not limited to, any actions related to real property after the advertising,
				  sale, exchange, rental, or lease; the cancellation or termination of a sale,
				  exchange, rental, or lease of real property; and the imposition of rules,
				  policies, and practices affecting the terms, conditions, enjoyment, and
				  privileges of using real property. It does not include commercial property that
				  is advertised, sold, exchanged, rented, leased, managed, or used for the
				  purposes of operating a business.
"Real property"
means buildings, dwelling units,
				  structures, real estate, lands, tenements, leaseholds, interest in real estate
				  cooperatives, condominiums, mobile home parks, and hereditaments, corporeal and
				  incorporeal, or any interest therein.
"Real property transaction"
means real estate
				  transaction as the term is used in this subchapter.
"Reasonable assurance"
means actions or promises
				  which establish that certain other actions will be taken in the future;
				  provided that the reasonableness of an assurance shall be examined by giving
				  due consideration to the needs of a reasonable prudent person in the same or
				  similar circumstances.
"Reasonable restriction"
shall not include any
				  restriction, prohibition, policy, practice, or rule that allows any owner or
				  person to refuse to negotiate or refuse to engage in a real estate transaction
				  because of another person's protected basis or to commit a discriminatory
				  practice prohibited under this subchapter; provided that 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.
"Religious institution"
means any religious
				  institution or organization, or any charitable or educational organization
				  operated, supervised, or controlled by a religious institution or organization,
				  which does not restrict membership to persons on the basis of race, color, or
				  ancestry.
"Respondent"
means any person, owner of real
				  property, real estate broker, or salesperson, against whom a complaint or
				  petition has been filed with the commission; the party against whom relief is
				  sought; or any party who contests or controverts a proceeding or
				  petition.
"Steering"
means 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, and actions designed to discourage persons
				  from seeking housing in a particular community, neighborhood, development,
				  housing accommodation, or part thereof.
"Tester"
means any person seeking to engage in a
				  real estate transaction, regardless of the person's actual intent to engage in
				  such a transaction, who has been subject to discriminatory practices in real
				  estate transactions because of a protected basis, and tenant associations or
				  fair housing organizations whose members include such
				  persons.