HAR § 12-46 § 12-46-312
Restrictive covenants and conditions.
Operative Text
(a) Every provision in an oral agreement or a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, occupancy, use, or lease thereof to individuals because of their protected basis is void. (b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, which directly or indirectly limits the use or occupancy of real property because of a protected basis is void, except a limitation, on the basis of religion, in the use of real property held by a religious institution and used for religious or charitable purposes. (c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor such a provision in the chain of title. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-6)
HAR § 12-46-312 renders void any clause in an oral agreement or written document—such as a deed, covenant, or lease—that attempts to restrict the sale, transfer, encumbrance, occupancy, use, or rental of real property based on a person's protected characteristic. Conditions that create a right of entry or possibility of reverter tied to such characteristics are equally void. A narrow exception exists for religious institutions that limit use of property held and used for religious or charitable purposes on the basis of religion. Inserting such a void provision into any real-property instrument, or giving effect to one already in a chain of title, is itself treated as a discriminatory practice under this rule.
Plain English — not legal advice.
Under HAR § 12-46-312, property owners and managers are expected to ensure that no deed restrictions, lease clauses, homeowners association rules, or other real-property instruments they draft or rely upon contain language that conditions ownership, occupancy, or use on a protected characteristic. Compliant operators review their governing documents—including historical chain-of-title records—to confirm that no such provisions are being honored, even passively. Because inserting or enforcing a void covenant is itself a discriminatory practice, due diligence when acquiring or transferring property is a standard part of responsible property management in Hawaii.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-312 establishes that any covenant, deed restriction, or lease condition that limits who may occupy or use a property based on a protected characteristic has no legal force. Tenants or prospective buyers who encounter such language in a lease, deed, or community rules may raise the provision's invalidity as a defense or basis for a complaint, since honoring such a clause is itself a discriminatory practice. Individuals who believe this rule has been violated can file a complaint with the Hawaii Civil Rights Commission or consult a tenant-rights organization for guidance on available remedies.
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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