Fair Housing in Hawaii: Beyond Federal Law (Ancestry, Marital Status, and Gender Identity)

Most landlords know the “Big 7” federal protected classes: Race, Color, Religion, National Origin, Sex, Disability, and Familial Status.

In Hawaii, that list is just the warm-up.

Hawaii state law is significantly stricter than federal law. If you copy-paste a lease agreement from a generic mainland website, you are likely breaking the law. Our state culture of “Aloha” is codified into statutes that protect specific local groups, including Ancestry and Source of Income.

At HAPI, compliance isn’t just about income limits—it’s about Civil Rights. Here is what Hawaii landlords need to know to avoid a lawsuit in 2026.

Key Takeaways

• The “Plus” List: Hawaii adds Age, Ancestry, HIV status, Marital Status, Sexual Orientation, Gender Identity, and Source of Income.
• Act 310 (Section 8): It is illegal to deny a tenant solely because they use a housing voucher.
• “Locals Only”: Advertising for “locals” or “Japanese speakers” can be flagged as Ancestry or National Origin discrimination.
• The “Ohana” Factor: Discriminating against multi-generational families violates Familial Status rules.

Deep Dive: The “Hawaii-Specific” Protected Classes

Federal law doesn’t explicitly cover these three categories in the same way Hawaii does. Here is where most local landlords trip up.

1. Ancestry (Not just “National Origin”)

While federal law protects “National Origin” (the country you were born in), Hawaii law explicitly protects Ancestry (your lineage or heritage).

• The Trap: A landlord might say, “I’m not discriminating against National Origin; I just don’t want Micronesians because they cook differently.”
• The Verdict: Illegal. This is direct Ancestry discrimination.
• “Locals Only”: Even the phrase “Looking for locals” or “Kama’aina preferred” in an ad can be flagged as discriminatory. It implies a preference for a specific ancestry or heritage, excluding newcomers or transplants based on their background.

2. Marital Status (Unmarried Couples)

In many mainland states, a landlord can legally refuse to rent a one-bedroom apartment to an unmarried couple due to religious beliefs. In Hawaii, you cannot.

• The Law: You must treat an unmarried couple exactly the same as a married couple.
• Income Combining: If a married couple can combine their incomes to qualify for the rent (3x monthly rent), you must allow an unmarried couple to do the same. You cannot require each person to qualify individually just because they lack a marriage certificate.

3. Gender Identity & Expression

Hawaii law explicitly includes Gender Identity or Expression as a protected category. This goes beyond just biological sex.

• Pronouns & Names: Repeatedly and intentionally refusing to use a tenant’s preferred name or pronouns can be considered harassment under Fair Housing rules.
• Restroom Access: In a multi-family complex with common areas (like a clubhouse or pool gym), residents generally have the right to use the restroom or locker room that corresponds with their gender identity.
• The Rule: You cannot deny housing to a trans person because you are “uncomfortable” or concerned about “what the neighbors will think.”

The “Source of Income” Shift (Act 310)

The biggest change in recent years.

For decades, Hawaii landlords could write “No Section 8” in their listings. As of May 1, 2023 (Act 310), that is illegal.

• The Rule: You cannot discriminate against a tenant because they pay rent with a government subsidy (Section 8, housing voucher, rental assistance).
• The Exemption: This generally applies to landlords who own more than 4 units. (Small “mom and pop” landlords may be exempt, but check with your attorney as specific exemptions can evolve).
• The Reality: You can still deny a tenant for other legitimate reasons—like a credit score below 600, a history of evictions, or a criminal record—but you cannot deny them solely because they are paying with a Section 8 voucher.

Top 3 Discrimination Complaints in Hawaii

According to recent reports from the Hawaii Civil Rights Commission (HCRC), these are the three areas where landlords get sued the most.

1. Disability: The “No Pets” Trap

Disability discrimination remains the #1 complaint in Hawaii. The most common scenario is a landlord with a “No Pets” policy refusing an applicant with an assistance animal.

• The Law: You must grant a Reasonable Accommodation if the tenant has a disability and a verified need for the animal.
• Assistance Animal vs. Pet: Under Fair Housing laws, an assistance animal (Service Dog or Emotional Support Animal) is not a pet. It is a medical tool, legally equivalent to a wheelchair.
• The Verification: If the disability is not obvious, you can ask for a letter from a healthcare professional (a “nexus letter”). You cannot ask for private medical records.
• Crucial Tip: You cannot charge a pet deposit or “pet rent” for an assistance animal. Doing so is an instant violation.

2. Familial Status: “Too Many Kids”

Landlords often try to limit the number of children in a unit, citing “wear and tear” or “noise.” This is illegal discrimination against families.

• The “2+1” Rule: HUD generally accepts an occupancy standard of 2 people per bedroom. A landlord stating that a 2-bedroom unit is “max 3 people” is likely violating the law if a family of 4 applies.
• Steering: You cannot say, “This unit is on the 3rd floor, it’s not safe for kids.” Even if you think you are being helpful, this is called “Steering.” Let the parents decide what is safe for their children.

3. Retaliation: The “Revenge Eviction”

Retaliation complaints have risen sharply in recent years. Hawaii has strict laws protecting tenants who exercise their rights.

• The Scenario: A tenant complains to the Department of Health about a rat infestation or mold. Two weeks later, the landlord raises their rent or issues a 45-day notice to vacate.
• The Law: Under HRS § 521-74, this is presumed to be retaliatory. If you try to evict a tenant within a certain window after they file a complaint, the burden of proof is on you to prove it wasn’t revenge.
• The Fix: Never make eviction decisions in anger. Document lease violations clearly (e.g., non-payment) so you have a valid, non-retaliatory reason for termination.

Common Hawaii Pitfalls

How “local style” ads get you in trouble.

1. “Ideal for Single Professional”

• The Violation: This discriminates against Marital Status and Familial Status (families with kids).
• The Fix: Describe the unit (“Studio apartment, 400 sq ft”), not the person.

2. “No Micronesians”

• The Violation: This is blatant Ancestry and Race discrimination. It is unfortunately common in Hawaii and highly illegal.

3. “Kupuna Housing” (The Age Exemption)

• The Nuance: You typically cannot discriminate based on age, unless you are a certified Senior Living Community (55+ or 62+). If you are a regular condo, you cannot say “No kids” or “Seniors only.”