Haw. Rev. Stat. § 515 § 515-6
Restrictive covenants and conditions.
Operative Text
(a) Every provision in an oral agreement or a written instrument relating to real property that purports to forbid or restrict the conveyance, encumbrance, occupancy, or lease thereof to individuals because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection, is void. (b) Every condition, restriction, or prohibition, including a right of entry or possibility of reverter, that directly or indirectly limits the use or occupancy of real property on the basis of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection is void, except a limitation, on the basis of religion, on the use of real property held by a religious institution or organization or by a religious or charitable organization operated, supervised, or controlled by a religious institution or organization, and used for religious or charitable purposes. (c) It is a discriminatory practice to insert in a written instrument relating to real property a provision that is void under this section or to honor or attempt to honor such a provision in the chain of title. [L 1967, c 193, §6; HRS §515-6; am L 1971, c 124, §3; am L 1976, c 159, §6; am L 1989, c 391, §4; am L 1990, c 275, §6; am L 1992, c 33, §5 and c 171, §6; am L 2005, c 214, §6]
Hawaii Revised Statutes § 515-6 renders void any clause in an oral agreement or written document that attempts to restrict the sale, transfer, encumbrance, occupancy, or lease of real property based on protected characteristics such as race, sex (including gender identity or expression), sexual orientation, religion, disability, HIV status, and several others. Conditions or deed restrictions—including rights of entry or possibilities of reverter—that limit use or occupancy on those same bases are likewise unenforceable, with a narrow exception for religiously affiliated properties used for religious or charitable purposes. Additionally, inserting such a void provision into a property document, or attempting to enforce one found in a chain of title, itself constitutes a discriminatory practice under this section.
Plain English — not legal advice.
Property owners and managers operating under § 515-6 generally ensure that no lease, deed, or other real-property instrument they prepare or execute contains language restricting conveyance, occupancy, or use based on any of the protected characteristics listed in the statute. Compliant operators also review existing documents in a property's chain of title and refrain from honoring or invoking any restrictive covenant that would be void under this provision. Because attempting to enforce even a historically recorded restriction can itself constitute a discriminatory practice, property managers typically treat such clauses as legally nullified regardless of when they were written.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 515-6, tenants and prospective occupants have a right to be free from restrictions on occupancy or leasing that are based on race, sex, gender identity or expression, sexual orientation, religion, disability, HIV status, or other protected characteristics—and any such restriction is void by operation of law. If a landlord attempts to rely on a deed restriction, lease clause, or other instrument to deny housing on one of these bases, that conduct may itself be treated as a discriminatory practice under this section. Individuals who believe this provision has been violated can explore options such as filing a complaint with Hawaii's civil rights enforcement authorities, raising the violation as a defense in a housing proceeding, or reaching out to a tenant-rights organization for general information.
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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