HAR § 12-46 § 12-46-305
Discriminatory practices.
Operative Text
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 a person’s protected basis: (1) To refuse to engage in a real estate transaction, evict, or terminate a tenancy; (2) To discriminate in the terms, conditions, enjoyment, or privileges of a real estate transaction, or in the furnishing of facilities or services in connection therewith; (3) To refuse to receive or 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 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 discriminate against or deny a person access to, or membership or participation in any multiple listing service, real estate broker’s 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; (7) To engage in harassment; or (8) To institute or apply facially neutral policies or restrictions which result in a disparate adverse impact. [Eff 10/15/93; am 10/6/13] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-3)
HAR § 12-46-305 defines a broad set of discriminatory practices that are prohibited in real estate transactions in Hawaii. Owners, brokers, salespersons, and others involved in real estate are barred from refusing to deal, applying unequal terms, steering, harassing, or using facially neutral policies that produce a disparate adverse impact — all when motivated by a person's protected basis. The rule covers the full arc of a real estate relationship, from initial inquiry and negotiation through tenancy, eviction, and access to industry organizations like multiple listing services.
Plain English — not legal advice.
Under HAR § 12-46-305, compliant property owners and managers apply consistent criteria to all applicants and tenants regardless of any protected characteristic, and they ensure that policies neutral on their face do not produce discriminatory outcomes in practice. Operators generally document their rental criteria, respond to all bona fide inquiries, and make accurate representations about property availability to every prospective tenant. Staff and agents involved in leasing are typically trained to avoid steering, harassment, and any selective disclosure of listings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-305 protects tenants and prospective tenants from a wide range of discriminatory conduct — including being steered away from certain properties, receiving different lease terms, being harassed, or being subjected to policies that disproportionately harm people sharing a protected characteristic. Tenants who believe they have experienced a violation may file a complaint with the Hawaii Civil Rights Commission, which administers the state's fair housing laws under the authority cited in this provision. Tenant-rights organizations in Hawaii can also help individuals understand the complaint process and what documentation may be relevant.
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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