HAR § 12-46 § 12-46-5
Filing of complaint.
Operative Text
(a) Any person claiming to be aggrieved by an alleged unlawful discriminatory practice may file a complaint. (b) The commission’s executive director may file a complaint whenever there is reason to believe that any person, employer, employment agency, labor organization, program or activity, place of public accommodation, or person engaging in a real estate transaction has engaged or is engaging in an unlawful discriminatory practice. (c) The commission’s executive director or the attorney general may file a complaint on behalf of a class where an unlawful discriminatory practice raises questions of law or fact which are common to the class and where a class action complaint is superior to other available methods for the fair and efficient adjudication of the controversy. A complaint so filed may be investigated, conciliated, and litigated on a class basis. (d) Assistance in drafting and filing complaints is available to complainants at the commission’s offices. (e) The complaint shall be in writing and, where feasible, upon forms furnished by the commission’s executive director. The complaint shall be signed. (f) The original signed complaint shall be filed by personal delivery or by mail, addressed to the commission. (g) When the complainant is unable to personally deliver or mail a timely original signed complaint, the commission may receive a facsimile copy or a scan or image sent by electronic mail, if legible, of a complaint containing the information required by section 12-46-6. Notwithstanding the provisions of section 12-46-6(b), complaints are deemed filed on the date of receipt of the facsimile copy or scan or image sent by electronic mail if the complainant complies with section 12-46-5(f) within seven days of the receipt of the facsimile or scan or image. If the commission does not receive the original signed complaint within seven days, the filing date will be the date when the commission received the original signed complaint. [Eff 12/31/90; am 5/1/92; am 11/4/93; am 7/19/25] (Auth: HRS §368-3) (Imp: HRS §368-11)
HAR § 12-46-5 establishes who may file a housing or real estate discrimination complaint in Hawaii and how that complaint must be submitted. An aggrieved individual, the commission's executive director, or the attorney general may initiate a complaint, including on behalf of a class of affected people. The complaint must be in writing and signed, and can be submitted in person, by mail, or under certain circumstances by fax or electronic scan when timely personal delivery or mailing is not possible.
Plain English — not legal advice.
Under HAR § 12-46-5, property owners and managers involved in real estate transactions should be aware that complaints alleging unlawful discriminatory practices can be initiated not only by individuals but also by the Hawaii Civil Rights Commission's executive director or the attorney general, including on a class-wide basis. Operators who receive notice of a filed complaint should understand that the commission has broad authority to investigate, conciliate, and litigate such matters. Maintaining documented, consistent, and non-discriminatory practices in all real estate transactions is the hallmark of a compliant operation under this framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-5 gives individuals who believe they have experienced unlawful housing discrimination the right to file a complaint directly with the Hawaii Civil Rights Commission. Assistance in drafting and filing a complaint is available at the commission's offices, making the process accessible even without legal representation. Tenants who cannot deliver or mail a signed complaint in time may be able to submit it by fax or electronic scan, provided the original signed complaint follows within seven days; tenant-rights organizations can help clarify which submission method fits a given situation.
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
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References In
Rules and statutes that cite this regulation