In Hawaii, fair housing compliance is more than a legal requirement; it is a fundamental aspect of professional real estate practice. For candidates preparing for the licensing exam and current licensees alike, understanding the overlap between federal and state laws is critical. Hawaii state law provides broader protections than the federal Fair Housing Act, and confusing the two is a common reason for both exam failures and regulatory complaints.
To remain compliant in Hawaii, real estate professionals must adhere to the Hawaii Revised Statutes (HRS) Chapter 515. While federal law protects seven specific classes, Hawaii law expands this list to include categories such as ancestry, age, marital status, and gender identity. Navigating these nuances requires a compliance-first mindset to avoid discriminatory practices, whether intentional or accidental, in the sale or rental of real property.
Official Source Check
The following official resources are the final authority on Hawaii fair housing laws and real estate licensing requirements. Always consult these sites for the most current statutory language and regulatory updates:
- Hawaii Real Estate Branch (DCCA)
- Hawaii Civil Rights Commission (HCRC) - Housing Discrimination
- Hawaii Revised Statutes Chapter 515: Discrimination in Real Property Transactions
- U.S. Department of Housing and Urban Development (HUD) - Fair Housing Act
Understanding Protected Classes: Federal vs. Hawaii State Law
Real estate candidates must distinguish between the federal Fair Housing Act and Hawaii's specific protections. Under the federal Fair Housing Act, there are seven protected classes. Hawaii law adopts these seven and adds several more, creating a more stringent environment for real estate transactions.
Federal Protected Classes
The federal Fair Housing Act prohibits discrimination based on:
- Race
- Color
- Religion
- Sex (including sexual orientation and gender identity)
- National Origin
- Disability (Handicap)
- Familial Status (presence of children under 18)
Hawaii-Specific Protected Classes
In addition to the federal protections, HRS §515-3 explicitly prohibits discrimination in real property transactions based on several additional categories. If you are practicing in Hawaii, you must respect all the following protections:
- Ancestry: Protection based on an individual's line of descent or lineage.
- Age: Protecting individuals from discrimination based on their chronological age (subject to specific housing for older persons exemptions).
- Marital Status: It is illegal to discriminate against someone because they are single, married, divorced, or widowed.
- Gender Identity or Expression: While federal law has moved toward including this under "sex," Hawaii statutes explicitly state protection for gender identity or expression.
- Sexual Orientation: Explicitly protected under Hawaii state law.
- Source of Income: A recent and significant addition (via Act 310) which prohibits discrimination against renters who use legal sources of income, such as Section 8 Housing Choice Vouchers.
"It is a discriminatory practice for an owner, any person of entertainment, or any person or any other person or any agent of such person to refuse to engage in a real estate transaction with a person because of a protected basis." — Hawaii Revised Statutes §515-3
Comparison Table: Protected Classes at a Glance
| Protected Class | Federal Law (FHA) | Hawaii Law (HRS 515) |
|---|---|---|
| Race & Color | Yes | Yes |
| Religion | Yes | Yes |
| Sex | Yes | Yes |
| National Origin | Yes | Yes |
| Disability | Yes | Yes |
| Familial Status | Yes | Yes |
| Ancestry | No (Covered under Nat'l Origin) | Yes (Explicitly Listed) |
| Age | No | Yes |
| Marital Status | No | Yes |
| Sexual Orientation / Gender Identity | Yes (via Interpretation) | Yes (Explicitly Listed) |
| Source of Income | No | Yes (Rentals) |
What Candidates and Licensees Get Wrong
Mistakes in fair housing often stem from a misunderstanding of how local laws "stack" on top of federal ones. Here are common points of confusion to watch for:
1. Misunderstanding the "Mrs. Murphy" Exemption
The federal "Mrs. Murphy" exemption allows for certain exemptions in owner-occupied dwellings with four or fewer units. However, Hawaii law is more restrictive. In Hawaii, the exemption for an owner-occupant living in a building with no more than two units (or renting a room in a single-family home) is much narrower. Never assume a federal exemption applies fully at the state level.
2. Discriminatory Advertising
Licensees often accidentally use "trigger words" in listings. Phrases like "perfect for a young couple" can be seen as discriminating against Age or Marital Status. Phrases like "walking distance to a church" can imply a preference based on Religion. Hawaii enforcement agencies monitor listings for these subtle biases.
3. Section 8 and Source of Income
A common mistake is stating "No Section 8" in a rental advertisement. In Hawaii, source of income is a protected class for oral and written rental communications. Refusing to consider a tenant because they use a housing voucher is a direct violation of Hawaii law.
Practical Exam-Prep and Compliance Takeaways
- The "Strictness" Rule: When federal and state laws conflict, the more restrictive law (the one providing the most protection to the consumer) usually applies. In Hawaii, this almost always means state law.
- Service Animals vs. Pets: Under both federal and state law, service animals and emotional support animals are not pets. You cannot charge a "pet deposit" or refuse a tenant because of a documented assistance animal, regardless of a "no pets" policy.
- Steering and Redlining: These practices remain high-priority for examiners. Steering is pushing buyers toward or away from neighborhoods based on protected classes. Redlining is the refusal to provide loans or insurance in specific geographic areas based on the demographics of that area.