HAR § 12-46 § 12-46-311
Other discriminatory practices.
Operative Text
(a) An attempt to commit, directly or indirectly, a discriminatory practice is a discriminatory practice. (b) A party to a conciliation agreement made under chapter 515, HRS, or this subchapter, who violates the terms of such agreement, has committed a discriminatory practice. (c) 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 to print, circulate, post, or mail, or cause to be published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination because of a person’s protected basis. (d) 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 to offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against because of a person’s protected basis in a real estate transaction or in the furnishing of facilities or services in connection therewith. [Eff 10/15/93; am 10/6/13] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §§515-16, 515-17, 515-18(b))
HAR § 12-46-311 establishes that discriminatory practices in real estate extend beyond direct acts of bias. Attempting to discriminate—even indirectly—counts as a discriminatory practice, as does violating a conciliation agreement reached under Hawaii's fair housing law. The rule also prohibits publishing or using any statement, advertisement, application form, or listing that signals an intent to discriminate based on a protected characteristic, whether that signal is explicit or implied.
Plain English — not legal advice.
Under HAR § 12-46-311, property owners and real estate professionals operating in Hawaii are expected to review all advertising copy, application forms, and listing agreements to ensure no language—however subtle—suggests a preference or limitation based on a protected basis. Compliant operators also honor the full terms of any conciliation agreements they enter into under chapter 515, HRS, since a breach of such an agreement itself constitutes a discriminatory practice. Maintaining consistent, neutral language across all written and digital communications is a hallmark of operations that align with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-311 protects prospective and current tenants from discriminatory signals embedded in advertisements, application forms, or listing practices, not just overt acts of discrimination. If a tenant believes an owner, broker, or salesperson has published or used materials that indicate discriminatory intent based on a protected characteristic, that conduct may be raised as a fair housing violation. Tenants can explore filing a complaint with the Hawaii Civil Rights Commission or contacting a local tenant-rights organization to understand the options available under this provision.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation