HAR § 12-46 § 12-46-314
Religious institutions.
Operative Text
It is not a discriminatory practice for a religious institution in a real estate transaction conducted for charitable or religious purposes to give preference to members of the same religion. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-8)
Hawaii Administrative Rules § 12-46-314 establishes a narrow exemption from the state's fair housing and anti-discrimination rules. Specifically, a religious institution is permitted to favor members of its own religion when conducting real estate transactions tied to charitable or religious purposes. This exemption does not extend to transactions conducted for commercial or non-religious reasons, nor does it permit discrimination on any other protected basis.
Plain English — not legal advice.
Under HAR § 12-46-314, religious institutions that own or manage housing for charitable or religious purposes may lawfully apply a same-religion preference in their tenant or buyer selection process. Operators relying on this exemption generally ensure that the transaction is genuinely tied to a religious or charitable mission, and that any preference is limited strictly to religious affiliation. Maintaining clear documentation of the religious or charitable purpose of the housing program is a practice commonly associated with compliance in this area.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-314 creates a limited exception to Hawaii's broader fair housing protections, meaning that a religious institution may lawfully prefer co-religionists for housing connected to its charitable or religious mission. However, this exemption is narrow — if a housing provider is not a religious institution, or if the transaction is not for a religious or charitable purpose, the standard anti-discrimination protections under Hawaii law would generally still apply. Tenants who believe a preference policy has been applied outside the bounds of this exemption may consider contacting the Hawaii Civil Rights Commission or a tenant-rights organization to explore available options.
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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