Haw. Code R. § 12-46-307

Current through March, 2024

Section 12-46-307 - Discrimination on the basis of familial status

It is a discriminatory practice for an owner or any person engaging in a real estate transaction, or for a real estate broker or salesperson to:

(1) Refuse to engage in a real estate transaction with a person because of familial status;

(2) Impose house rules, by-laws, or other provisions, established by a condominium association, cooperative association, apartment complex tenants', owners', or leaseholders' association, or any other organization or association, which by intent or effect discriminate against a person because of familial status;

Example:

House rules (e.g. "two person limit to a bedroom") which have the effect of discriminating ("adverse impact") against persons with children (because the overall square footage is large enough under housing code for three persons) are unlawful unless the rule can be justified by establishing a business necessity. House rules (e.g. "no families with children") which intentionally discriminate against persons with children are unlawful unless there is a specific exemption for the rule under this subchapter or sections 515-4 or 515-8, HRS.

(3) Impose occupancy limits on a housing accommodation sought by a person because of familial status, unless such limits are justified by establishing a business necessity;

Example:

A person with children seeking a housing accommodation cannot be denied the accommodation on the basis of an occupancy limit unless it is based upon a compelling and well established public purpose, such as a county building code established to promote public safety, and there are no other reasonable means to serve the same purpose with less discriminatory impact.

(4) Impose against a person because of familial status, by way of any action to evict, terminate the tenancy, or refuse to engage in a real estate transaction, occupancy limits on a housing accommodation which is currently occupied by such person, unless justified by business necessity by demonstrating that such limits are required by county building codes established to promote public safety, and if the person has asked the owner, person engaging in a real estate transaction, real estate broker, or salesperson to apply for a variance or exemption from the county, the application for variance or exemption has been denied;

Example:

A current tenant whose family size exceeds occupancy limits, which are required by a county building code established to promote public safety, may ask an owner, any person engaging in a real estate transaction, or real estate broker or salesperson to apply for a variance or exemption to the county building code prior to being evicted from the accommodation. The owner may apply for the variance or authorize the tenant to do so, in which case the owner shall reasonably assist the tenant and provide any necessary documents in the owner's possession. If denied by the county agency, the occupancy limit can be used as the basis to evict. The tenant asking that the exemption be sought can be required to pay any filing fee and associated costs.

(5) Restrict or prohibit the use by children of common use or public use areas or recreational facilities, unless based upon business necessity;

(6) Designate separate areas for use by children so as to justify separate areas where children are excluded;

(7) Require the payment of a higher security deposit, surcharge, or additional fees because of familial status; or

(8) Require a person to sign a waiver of liability as a condition of occupancy by children.

Haw. Code R. § 12-46-307

[Eff 10/15/93] (Auth: HRS §§ 368-3; 515-9(7)) (Imp: HRS § 515-3)