Haw. Rev. Stat. § 515 § 515-4
Exemptions.
Operative Text
(a) Section 515-3 does not apply: (1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or lessor resides in one of the housing accommodations; or (2) To the rental of a room or up to four rooms in a housing accommodation by an owner or lessor if the owner or lessor resides in the housing accommodation. (b) Nothing in section 515-3 shall be deemed to prohibit refusal because of sex, including gender identity or expression, sexual orientation, or marital status, to rent or lease housing accommodations: (1) Owned or operated by a religious institution and used for church purposes as that term is used in applying exemptions for real property taxes; or (2) That are part of a religiously affiliated institution of higher education housing program that is operated on property that the institution owns or controls or that is operated for its students pursuant to Title IX of the Education Amendments of 1972, P.L. 92-318. (c) Nothing in this chapter regarding familial status or age shall apply to housing for older persons as defined by title 42 United States Code section 3607(b)(2). [L 1967, c 193, §4; HRS §515-4; gen ch 1985; am L 1990, c 275, §4; am L 1992, c 171, §4; am L 1993, c 140, §1; am L 2005, c 214, §4; am L 2011, c 31, §3; am L 2019, c 111, §36]
Hawaii Revised Statutes § 515-4 carves out specific situations where the fair housing requirements of § 515-3 do not apply. Owner-occupied duplexes and owner-occupied housing accommodations where the owner rents out rooms are exempt from the general anti-discrimination rules. Additionally, religious institutions and religiously affiliated colleges may decline to rent based on sex-related characteristics under defined circumstances, and age-restricted housing that qualifies as 'housing for older persons' under federal law is exempt from the chapter's familial status and age provisions.
Plain English — not legal advice.
Under Haw. Rev. Stat. § 515-4, operators who qualify for one of the listed exemptions — such as owner-occupants of a two-family building or owners renting rooms within their own residence — are not bound by the anti-discrimination requirements of § 515-3 in those specific rental arrangements. Religious institutions and qualifying religiously affiliated colleges that meet the conditions described in § 515-4(b) may apply sex-based criteria in certain housing contexts. Operators of senior housing communities should verify that their community meets the federal definition of 'housing for older persons' under 42 U.S.C. § 3607(b)(2) to rely on the age and familial status exemption in § 515-4(c).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Haw. Rev. Stat. § 515-4 defines the boundaries of the fair housing protections found in § 515-3, meaning that some housing situations — such as small owner-occupied buildings or rooms rented within an owner's own home — fall outside those protections. Tenants who believe a landlord is improperly claiming an exemption that does not actually apply to their situation may have grounds to raise that issue as a concern. Tenant-rights organizations in Hawaii and the Hawaii Civil Rights Commission can provide information about whether a particular exemption applies and what options 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.
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Rules and statutes that cite this regulation