Haw. Rev. Stat. § 480 § 480-13.5
Additional civil penalties for consumer frauds committed against elders.
Operative Text
(a) If a person commits a violation under section 480-2 which is directed toward, targets, or injures an elder, a court, in addition to any other civil penalty, may impose a civil penalty not to exceed $10,000 for each violation. (b) In determining the amount, if any, of civil penalty under subsection (a), the court shall consider the following: (1) Whether the person's conduct was in wilful disregard of the rights of the elder; (2) Whether the person knew or should have known that the person's conduct was directed toward or targeted an elder; (3) Whether the elder was more vulnerable to the person's conduct than other consumers because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability; (4) The extent of injury, loss, or damages suffered by the elder; and (5) Any other factors the court deems appropriate. (c) As used in this chapter, "elder" means a consumer who is sixty-two years of age or older. [L 1998, c 179, §1]
Hawaii Revised Statutes § 480-13.5 establishes an additional civil penalty layer on top of standard consumer-protection remedies when an unfair or deceptive trade practice under § 480-2 is directed at, targets, or harms an elder—defined as a consumer aged 62 or older. A court may impose up to $10,000 per violation beyond any other civil penalty already available. In deciding the amount, the court weighs factors such as willfulness, the defendant's awareness that the target was an elder, the elder's particular vulnerability, and the extent of harm suffered.
Plain English — not legal advice.
Property owners and managers operating in Hawaii should be aware that § 480-13.5 exposes them to enhanced civil penalties—up to $10,000 per violation on top of standard remedies—whenever a court finds that a deceptive or unfair practice under § 480-2 was directed at or harmed a resident or prospective resident who is 62 or older. Compliant operators generally ensure that all communications, lease terms, and business practices are transparent and non-deceptive toward all consumers, including older adults. Maintaining clear documentation of consistent, non-targeted practices can be relevant if a court later evaluates factors such as willfulness or awareness of a resident's age.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Haw. Rev. Stat. § 480-13.5, tenants who are 62 or older and believe they have been subjected to an unfair or deceptive practice by a housing provider may have access to enhanced civil remedies beyond those available under § 480-2 alone. A court can award up to $10,000 per violation in additional civil penalties, and it considers factors like the elder's vulnerability and the extent of injury when setting that amount. Tenants in this situation may explore options such as consulting a tenant-rights organization, contacting the Hawaii Office of Consumer Protection, or seeking private legal counsel to understand what remedies may be available.
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 In
Rules and statutes that cite this regulation