HAR § 12-46 § 12-46-301
General provisions.
Operative Text
The purpose of this subchapter is to implement laws prohibiting discrimination in real property transactions toward the goal of eliminating such discrimination and to implement changes made by Act 171, Session Laws of Hawaii 1992, to conform state law to Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. Chapter 515, HRS, prohibits discriminatory practices by an owner, any person engaging in a real property or real estate transaction, or a real estate broker or salesperson against another person because of a protected basis. The examples are used to provide guidance to the public and only illustrate the particular point or principle to which they relate in the rules. They should not be taken out of context as statements of policy that would apply in different situations. To the greatest extent possible, the commission will interpret the rules consistent with the examples, however, the commission shall review each case on an individual basis in an effort to seek an equitable application of this subchapter. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §368-1; HRS Chapter 515)
HAR § 12-46-301 establishes the purpose and interpretive framework for Hawaii's rules against discrimination in real property transactions. It implements Hawaii Revised Statutes Chapter 515, which aligns state law with the federal Fair Housing Act and its 1988 amendments, prohibiting discriminatory practices by owners, real estate professionals, and others involved in property transactions on the basis of protected characteristics. Any examples included within the subchapter are meant to illustrate specific points and are not to be read as broad policy statements applicable to all situations; the Hawaii Civil Rights Commission reviews each case individually to reach an equitable outcome.
Plain English — not legal advice.
Under HAR § 12-46-301, property owners and real estate professionals operating in Hawaii are subject to rules that implement both state and federal fair housing protections, including those found in HRS Chapter 515. Compliant operators generally ensure that their practices in advertising, leasing, selling, and managing property do not treat any person differently on the basis of a protected characteristic. Because the Hawaii Civil Rights Commission evaluates each situation on its own facts, operators typically maintain consistent, documented policies that can demonstrate non-discriminatory intent across all real property transactions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-301 signals that Hawaii's fair housing rules are designed to eliminate discrimination in real property transactions, drawing on both HRS Chapter 515 and federal Fair Housing Act protections. Tenants and prospective tenants who believe they have experienced discriminatory treatment by an owner, broker, or other party involved in a real estate transaction may have recourse through the Hawaii Civil Rights Commission, which reviews complaints on an individual basis. Tenant-rights organizations and legal aid services can help individuals understand what conduct may constitute a violation under this subchapter and what complaint processes may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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