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Map of Hawaii eviction risk by county

Fair Housing Protected Classes in Hawaii 2026

Federal Fair Housing Act baseline plus Hawaii-specific additions under HRS § 515-3.

14 classes Total protected (7 federal + 7 state)
Statewide Source-of-income protection
7 additions Beyond federal baseline
$25,597 Federal first-offense max civil penalty (24 C.F.R. § 180.671)
Federal baseline (uniform in Hawaii): The Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination based on race, color, religion, national origin, sex (incl. sexual orientation and gender identity per HUD 2021), familial status, and disability. These seven classes are enforceable in Hawaii through HUD complaint regardless of what state law says.

Source of Income, Section 8 / HCV Status in Hawaii

Hawaii: Source of Income Is Protected Statewide.

Hawaii is a source-of-income protected state. Landlords statewide must consider applicants paying with Section 8 vouchers, other federal/state housing subsidies, child support, social security, or any other lawful source of income.

All 14 Protected Classes in Hawaii

Federal classes apply uniformly. The classes shaded green below are Hawaii-specific additions under HRS § 515-3.

Race (federal)
Color (federal)
Religion (federal)
National Origin (federal)
Sex (federal)
Familial Status (federal)
Disability (federal)
Sexual Orientation
Gender Identity / Expression
Marital Status
Age
Ancestry
HIV Infection
Domestic / Sexual Violence Victim Status

Recent Hawaii Statutory Activity

Act 209 (2005) added gender identity; Act 206 (2011) added HIV status.

If you own a rental in Hawaii, start with this: a landlord here cannot refuse an applicant simply because they pay rent with a Section 8 Housing Choice Voucher. Source of income is a protected class statewide, which means the same rule applies whether your unit is in Honolulu, Hilo, or Lihue. There is no local-only patchwork and no preemption to fall back on. Hawaii codifies its fair-housing protections in HRS § 515-3, and the law is enforced by the Hawaii Civil Rights Commission.

That statewide voucher rule is what most often trips up small landlords, because it differs sharply from states where Section 8 refusal is still legal. Beyond income, Hawaii layers seven protected classes on top of the seven federal categories. The sections below explain exactly which classes apply, how recent legislation expanded them, and the screening and advertising habits that quietly create liability for owners who manage just one or two units.

The Statute and Who Enforces It

Hawaii's fair-housing rules live in HRS § 515-3, the state's Discrimination in Real Property Transactions statute. It reaches the conduct landlords care about: refusing to rent, setting different terms or rents, lying about availability, and steering applicants toward or away from particular units. Enforcement runs through the Hawaii Civil Rights Commission, the state agency that takes housing complaints, investigates, and pursues remedies.

Federal law still applies in parallel. The Fair Housing Act (42 U.S.C. § 3604) protects race, color, national origin, religion, sex, familial status, and disability nationwide. Hawaii's statute mirrors those and then adds more, so a Hawaii landlord answers to both the federal floor and the broader state list at the same time.

The Classes Hawaii Adds Beyond Federal Law

On top of the seven federal categories, HRS § 515-3 protects applicants and tenants on these additional grounds:

Some of these arrived through specific legislation: Act 209 (2005) added gender identity, and Act 206 (2011) added HIV status. Note that several of these categories already track federal interpretation too. Since HUD's 2021 post-Bostock reading, the FHA's protection against sex discrimination is understood to include sexual orientation and gender identity. In Hawaii those grounds are protected under both frameworks.

Screening and Advertising Traps for Small Landlords

The most common Hawaii violations are not intentional. They are habits. Because source of income is protected statewide, a listing that says "no Section 8" or "no vouchers" is itself evidence of discrimination, even if you never reject a specific applicant. Screen the applicant, not the source of the rent payment.

Other quiet traps: applying an income-multiple rule (such as "income must be 3x rent") to the full rent instead of the tenant's share after the voucher; asking marital-status or age questions on an application; or describing a unit as "perfect for a single professional," which signals a familial-status or marital-status preference. With Hawaii's average rent around $1,963, voucher tenants are a large slice of the applicant pool, so blanket exclusions narrow your market and expose you at once.

The Cost of a Fair-Housing Violation

Federal civil penalty (uniform in all states): Up to $25,597 for a first-offense FHA violation under 24 C.F.R. § 180.671 (HUD inflation-adjusted). Repeat offenders face up to $63,991 (within five years) or $127,982 (within seven years). HUD-conciliated settlements routinely include actual damages, attorney's fees, mandatory training, and required policy changes. Hawaii's state fair-housing agency may pursue parallel penalties under HRS § 515-3.

City-Level Eviction Risk in Hawaii

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Urban Honolulu East Honolulu Hilo Pearl City Waipahu Kaneohe

Sources & Methodology

Related Guides for Hawaii Landlords

← Hawaii Eviction Risk Overview Lease Break & Early Termination Squatter Rights & Adverse Possession Just-Cause Eviction Rules Landlord License Requirements Tenant Rights Summary

This page summarizes Hawaii's housing-discrimination law under HRS § 515-3, enforced by the Hawaii Civil Rights Commission, alongside the federal Fair Housing Act (42 U.S.C. § 3604). It is provided for general information and is not legal advice; consult the Hawaii Civil Rights Commission or a licensed attorney for guidance on a specific situation. Last reviewed June 2026.

Frequently Asked Questions

Can a Hawaii landlord refuse a Section 8 voucher?

No. Source of income is a protected class statewide under HRS § 515-3, so a landlord cannot refuse an applicant simply because they intend to pay rent with a Section 8 Housing Choice Voucher. You may still screen for legitimate, non-discriminatory factors, but the voucher itself cannot be the reason for rejection, and "no Section 8" advertising is not permitted.

How many protected classes does Hawaii recognize?

Hawaii recognizes the seven federal classes (race, color, national origin, religion, sex, familial status, and disability) plus seven added by state law under HRS § 515-3: sexual orientation, gender identity / expression, marital status, age, ancestry, HIV infection, and domestic / sexual violence victim status.

Are sexual orientation and gender identity protected in Hawaii rentals?

Yes. Both are protected under HRS § 515-3, with gender identity added by Act 209 in 2005. They are also covered federally: since HUD's 2021 post-Bostock reading, the Fair Housing Act's protection against sex discrimination is understood to include sexual orientation and gender identity.

How is fair housing enforced in Hawaii, and what are the penalties?

The Hawaii Civil Rights Commission investigates housing-discrimination complaints under HRS § 515-3 and pursues remedies against landlords who violate the law. Because the conduct also violates the federal Fair Housing Act, landlords can additionally face federal civil penalties, damages, and attorney's fees through HUD or the courts.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: HRS § 515-3. Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Hawaii attorney before making a screening, denial, or eviction decision.