HAR § 12-46 § 12-46-309
Blockbusting.
Operative Text
It is a discriminatory practice for a person, representative of a person, real estate broker, appraiser, or salesperson for the purpose of inducing a real estate transaction because of a protected basis: (1) To represent that a change has occurred or will or may occur in the composition of the owners or occupants in the block, neighborhood, or area in which the real property is located; or (2) To represent that this change will or may result in the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of the schools in the block, neighborhood, or area in which the real property is located; if such person, representative, broker, appraiser, or salesperson may benefit financially from the transaction, regardless of actual financial gain. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-7)
Hawaii Administrative Rules § 12-46-309 prohibits a practice known as 'blockbusting,' in which someone involved in a real estate transaction uses fear or speculation about neighborhood demographic changes to pressure or persuade people to buy or sell property. Specifically, the rule bars representations—whether true or false—that shifts in who owns or lives in an area will lead to falling property values, rising crime, or declining school quality, when the person making those representations stands to gain financially from the resulting transaction. This prohibition applies to a broad range of actors, including real estate brokers, appraisers, and salespersons, as well as their representatives.
Plain English — not legal advice.
Property owners and managers who work with real estate professionals should be aware that HAR § 12-46-309 places strict limits on the kinds of representations that can be made to induce a sale or purchase. Compliant operators and their agents avoid making any statements—whether explicit or implied—about demographic shifts in a neighborhood and their supposed effects on property values, crime, or schools when those statements are intended to motivate a transaction. Real estate professionals who may benefit financially from a deal are held to this standard regardless of whether they actually realize a financial gain.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants and prospective buyers who encounter statements from a broker, appraiser, salesperson, or property owner suggesting that neighborhood demographic changes will harm property values, increase crime, or worsen local schools should be aware that such representations may constitute a discriminatory practice under HAR § 12-46-309. This provision is part of Hawaii's fair housing framework, and complaints related to potential violations can generally be directed to the Hawaii Civil Rights Commission, which administers the state's fair housing laws. Tenant-rights organizations and fair housing advocacy groups can also help individuals understand what options may be available when this type of conduct is suspected.
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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