HAR § 12-46 § 12-46-308
Discriminatory financial practices.
Operative Text
It is a discriminatory practice for a person, a representative of such person, or a real estate broker, appraiser, or salesperson, to whom an inquiry or application is made for financial assistance in connection with a real estate transaction or for construction, rehabilitation, repair, maintenance, or improvement of real property, because of a protected basis: (l) To discriminate against the applicant; (2) To use a form of application for financial assistance or to make or keep a record or inquiry in connection with applications for financial assistance which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination due to the person’s protected basis, unless such records are required by federal law; (3) To discriminate in the making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing, or maintaining a housing accommodation, or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate; or (4) To discriminate in the selling, brokering, or appraising of residential real property. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-5)
Hawaii Administrative Rules § 12-46-308 prohibits discriminatory financial practices in real estate transactions based on protected characteristics. This rule bars lenders, brokers, appraisers, and their representatives from treating applicants differently when providing financial assistance for purchasing, constructing, improving, repairing, or maintaining housing. It also prohibits the use of application forms or record-keeping practices that signal any intent to discriminate, and extends these protections to the selling, brokering, and appraising of residential real property.
Plain English — not legal advice.
Property owners and managers who are involved in arranging or facilitating financial assistance for real estate transactions should be aware that HAR § 12-46-308 applies to a broad range of actors, including brokers and appraisers working on their behalf. Compliant operators generally ensure that any application forms, records, or inquiries used in connection with financing do not reflect or suggest distinctions based on protected characteristics. Lenders and brokers associated with a property transaction are expected to apply consistent standards across all applicants regardless of protected basis.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-308 gives applicants for housing-related financial assistance the right to be evaluated without regard to their protected characteristics, whether the discrimination occurs in lending, brokering, appraising, or record-keeping. If a tenant or prospective buyer believes they have been subjected to discriminatory financial practices, they may consider filing a complaint with the Hawaii Civil Rights Commission, which administers the rules under HRS Chapter 515. Tenant-rights organizations can also help individuals understand what documentation may be relevant and what administrative or legal avenues are generally 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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