HAR § 12-46 § 12-46-7
Service of complaint.
Operative Text
(a) Within ten days after a complaint is filed with the commission, or within ten days after the commission receives a complaint on deferral from the EEOC or the United States Department of Housing and Urban Development, the commission’s executive director shall serve a copy of the complaint on the respondent by certified mail, return receipt requested, or by personal delivery, except when it is determined by the executive director that providing a copy of the complaint would impede the law enforcement functions of the commission. (b) Where a copy of the complaint is not provided, the respondent shall be served with a notice of the complaint, including the date, place, and general description of the alleged unlawful discriminatory practice, within ten days after filing of the complaint. (c) Providing the respondent with a copy of the complaint shall be deemed to impede the law enforcement functions of the commission where: (1) The complaint names more than one respondent, unless the respondents are charged jointly; e.g., an employer and a union are charged with having signed a collective bargaining agreement which is discriminatory; or (2) The complaint names a person or persons whom the commission believes may suffer retaliation or may be construed as being confidential informers or potential confidential informers; (d) When a complaint is written and filed in a language other than English the commission shall provide for an English translation of the complaint which shall be served along with any copy of the original complaint filed with the commission. [Eff 12/31/90; am 10/6/13] (Auth: HRS §368-3) (Imp: HRS §368-11).
HAR § 12-46-7 governs how the Hawaii Civil Rights Commission must notify a respondent after a discrimination complaint is filed against them. Within ten days of receiving a complaint—whether filed directly or referred from the EEOC or HUD—the commission's executive director must serve the respondent with either a full copy of the complaint or, in limited circumstances, a notice summarizing the complaint's date, location, and general nature. Exceptions to full disclosure apply when sharing the complete complaint could compromise the commission's law enforcement functions, such as when multiple unrelated respondents are named or when a complainant's identity could expose someone to retaliation. Complaints originally filed in a language other than English must be accompanied by an English translation when served.
Plain English — not legal advice.
Under HAR § 12-46-7, a property owner or manager named as a respondent in a fair housing complaint can generally expect to receive formal notice from the Hawaii Civil Rights Commission within ten days of the complaint being filed or referred. In most cases, that notice takes the form of a certified-mail or personally delivered copy of the full complaint; in narrower circumstances, a summary notice describing the alleged discriminatory practice is provided instead. Operators who receive such a notice typically review it carefully, note any deadlines communicated by the commission, and consult qualified legal counsel to understand their obligations in the proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-7 establishes procedural protections designed to keep the complaint process moving promptly after a fair housing complaint is filed with the Hawaii Civil Rights Commission. As a complainant, you have an interest in knowing that the commission is required to act on service within a defined ten-day window, and that your identity may be protected from disclosure in certain situations where retaliation is a concern. If you believe the commission has not followed proper service procedures, or if you have questions about how your complaint is being handled, tenant-rights organizations and legal aid services familiar with Hawaii civil rights law can help you understand the process 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.
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