Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 46 - PROCEDURE ON COMPLAINTS › Subchapter 20 - REAL PROPERTY TRANSACTION DISCRIMINATION › Section 12-46-306 - Discrimination on the basis of disability

Current through June,
				2024
(a) 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:
(1) To refuse to engage in a real estate
				transaction or to deny equal opportunity to use and enjoy a housing
				accommodation with a person with a disability because the person uses an
				assistance animal. If the disability is not readily apparent, an owner or other
				person engaging in a real estate transaction may request information that
				verifies that the person has a disability, defined as a physical or mental
				impairment that substantially limits a major life activity. However, an owner
				or other person engaging in a real estate transaction may not request medical
				records or access to health care providers, and may not inquire as to the
				diagnosis, nature or severity of the person's disability. If the
				disability-related need for an assistance animal is not readily apparent, an
				owner or other person engaging in a real estate transaction may request
				verification that the assistance animal is needed to alleviate one or more
				symptoms of the person's disability. Verification may be provided by a letter
				or other communication from the person's treating health care professional,
				mental health professional, or social worker. Reasonable restrictions or
				prohibitions may be imposed upon the person with a disability regarding
				excessive noise or other problems caused by those animals including, but not
				limited to:
(A) Observing applicable laws,
				including leash laws and pick-up laws;
(B) Assuming responsibility for damage caused
				by the animal;
(C) Cleaning the
				housing unit upon vacating, by fumigation, deodorizing, professional carpet
				cleaning, or other appropriate methods;
(D) Cleaning the animal's waste;
(E) Having the animal licensed with the
				county, if licensing is required by the county;
(F) Having the animal vaccinated with
				documentation of the vaccination;
(G) Having the animal under the control of
				the animal's owner or handler by use of harness, leash, tether, cage, carrier,
				or other physical control in common areas. If the nature of the person's
				disability makes physical control impracticable, or if physical control would
				interfere with the assistance that the animal provides, the owner or other
				person engaging in a real estate transaction may require that the animal be
				otherwise under the control of the animal's owner or handler by voice control,
				signals, or other effective means; or
(H) Any other reasonable restriction that
				would leave the housing accommodation in the condition it was in prior to the
				occupancy of the tenant with a disability, except for reasonable wear and tear;
Example:
Sarah, a condominium owner with an anxiety disorder, asks for
				  an exception to her condominium association's "no pets" rule in order to keep
				  an emotional support rabbit in her unit. Because Sarah's disability and need
				  for an emotional support animal are not readily apparent, the condominium
				  association may ask Sarah to provide verification of her disability and the
				  disability-related need for the rabbit. Sarah provides a letter from her
				  treating psychologist stating that Sarah has an impairment that substantially
				  limits a major life activity and that the rabbit is needed to prevent or reduce
				  the symptoms of that impairment. The accommodation is therefore needed to
				  afford Sarah an equal opportunity to use and enjoy her condominium and is
				  reasonable.The association must allow the rabbit as an accommodation but may
				  impose reasonable restrictions on its use.