Pet Deposits, Pet Rent & ESA Rules in Hawaii 2026
State pet-deposit treatment, federal Fair Housing Act assistance-animal rules, and what Hawaii landlords can and cannot ask.
Hawaii lets you set your own pet policy on ordinary house pets, but that freedom stops at assistance animals. Under HRS 515-3, the state's fair housing law, a service dog or an emotional support animal is treated as a disability accommodation, not a pet, and the usual pet deposit, pet rent, and no-pet clauses do not apply. This page separates the two categories so you can screen pet applicants freely while handling accommodation requests correctly and avoiding a discrimination complaint before the Hawaii Civil Rights Commission.
How Hawaii Treats Pet Deposits
Security deposit capped at 1 month's rent. The same statute (as amended by HB 1696, 2014) expressly authorizes an additional pet deposit not to exceed one month's rent for tenants with pets, service animals and assistance animals are excluded from this allowance.
Recent Hawaii Pet-Related Statute
HB 1696 (2014), added the express pet deposit allowance separate from the general SD cap.
Ordinary pets: your policy governs
Hawaii has no statute forcing landlords to accept pets. For dogs, cats, and other companion animals that are not assistance animals, you set the terms: allow them or not, cap the number, restrict size or breed, and require a written pet addendum. Because these are pets and not accommodations, you may charge a pet deposit, pet rent, or a pet fee, subject to the general security deposit limits in the Residential Landlord-Tenant Code (HRS Chapter 521). The one hard rule: the moment an applicant identifies an animal as a service animal or emotional support animal, it leaves the pet track entirely and the accommodation rules below take over. Do not run an assistance-animal request through your pet application or pet-fee schedule.
Assistance animals under HRS 515-3
Hawaii's fair housing law, HRS 515-3, mirrors and reinforces the federal Fair Housing Act. It requires you to make reasonable accommodations in your rules and policies when necessary to give a person with a disability equal use of the housing. In practice that means you must waive a no-pet policy for an assistance animal, and assistance animals are not limited to dogs. Two categories fall under this umbrella:
- Service animals a dog individually trained to do work or perform tasks directly related to a person's disability (guiding, alerting, retrieving, interrupting a panic attack).
- Emotional support animals (ESAs) animals that provide comfort or companionship. An ESA is not a service animal, because it is not trained to perform a task, but it is still a protected assistance animal in housing under both HRS 515-3 and the FHA.
The distinction matters for public places, not for your rental: in a home, both categories get the same accommodation treatment.
No pet deposit, no pet rent, no fee
You may not charge a pet deposit, monthly pet rent, or a non-refundable pet fee for a service animal or an ESA. The Hawaii Civil Rights Commission has stated plainly that charging a higher deposit, higher rent, or extra fees because of an assistance animal is unlawful. This is the single most common mistake that turns into a discrimination complaint, so strip the animal from your fee calculation entirely.
What you do not give up is your right to be made whole. The tenant remains responsible under the landlord-tenant code for actual physical damage the animal causes to the unit, and you can deduct genuine damage from the ordinary security deposit at move-out just as you would for any other harm. You simply cannot collect money up front labeled as a pet charge.
What you may (and may not) ask for
When the disability and the need for the animal are obvious (a guide dog for a tenant who is blind), you may not demand paperwork at all. When the disability or the disability-related need is not readily apparent, HRS 515-3 lets you request verification, but only within tight limits.
Acceptable verification is a letter or communication from the tenant's treating health care professional, mental health professional, or social worker confirming the disability and the need for the animal. You may not:
- request medical records or access to the tenant's providers;
- ask for the diagnosis, nature, or severity of the disability; or
- rely on a vest, ID card, or online registration certificate the statute expressly says commercially purchased tags and registrations are not valid verification, so their absence is not grounds to deny, and their presence is not proof.
You may still impose reasonable restrictions on how the animal is used and may deny the request in narrow cases where the specific animal poses a direct threat to others or would cause substantial physical damage that cannot be reduced by another accommodation.
Misrepresentation and the fake-service-animal penalty
Hawaii took the unusual step of criminalizing fraud on the other side. Under HRS 347-2.6, effective January 1, 2019, it is unlawful to knowingly misrepresent an animal as a service animal. A first violation carries a fine of not less than $100 and not more than $250; a second or subsequent violation carries a fine of not less than $500. The violation must be proven by clear and convincing evidence.
This is a public-enforcement tool, not a self-help remedy you cannot use it to deny a legitimate accommodation, charge a fee, or retaliate. But it does mean the state recognizes the problem of abused documentation, and it gives you a lawful path (a complaint) rather than the temptation to reject a request you suspect is fraudulent. When in doubt, request proper verification and document your process; do not simply say no.
Separately, remember Hawaii is rabies-free. Any animal entering the state, assistance animals included, must satisfy the state's quarantine or Direct Release program, which generally requires documentation submitted at least 30 days before arrival. That is an animal-import requirement, not a reason to deny housing.
The Cost of Mishandling a Hawaii ESA Request
The most common mistake in Hawaii ESA cases is responding with a flat denial, "no pets means no pets", instead of engaging in the interactive process. The interactive process is itself a substantive duty. A landlord who refuses to consider the request, demands more documentation than HUD permits, or imposes a pet fee on an accepted assistance animal will lose at HUD even if the underlying accommodation could have been reasonably denied on its merits.
City-Level Eviction Risk in Hawaii
Pet-related eviction filings correlate with overall landlord-tenant litigation rates. View landlord risk and tenant-law profile by city:
Sources & Methodology
- Federal Fair Housing Act: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; 24 C.F.R. § 180.671.
- HUD guidance: HUD FHEO Notice 2020-01 (Jan 28, 2020), assistance animals as a reasonable accommodation.
- ADA service animals: 28 C.F.R. § 36.302 (Title III, public accommodations).
- Hawaii pet deposit rule: HRS § 521-44(b).
Related Guides for Hawaii Landlords
This overview reflects Hawaii's Residential Landlord-Tenant Code (HRS Chapter 521), the state fair housing law (HRS Chapter 515, especially HRS 515-3), the service-animal misrepresentation statute (HRS 347-2.6), and Hawaii Civil Rights Commission guidance on assistance animals, alongside the federal Fair Housing Act baseline. Statutes and enforcement guidance change; assistance-animal disputes are fact-specific and can turn on how verification was requested and documented. Confirm current requirements with the Hawaii Civil Rights Commission or HUD, and consult a Hawaii landlord-tenant attorney before denying an accommodation request.
Frequently Asked Questions
Can I keep a no-pets rule in my Hawaii rental?
Yes, for ordinary pets. You can prohibit or limit pets and charge pet deposits or pet rent for them. But a no-pets rule does not apply to service animals or emotional support animals; HRS 515-3 requires you to make a reasonable accommodation and allow the assistance animal despite the policy.
Can I charge a pet deposit or pet rent for an emotional support animal?
No. You may not charge a pet deposit, pet rent, or a non-refundable pet fee for an ESA or a service animal. Hawaii Civil Rights Commission guidance confirms this is unlawful. You can still hold the tenant responsible for any actual physical damage the animal causes and deduct it from the ordinary security deposit.
What proof can I require for an assistance animal?
If the disability and need are obvious, none. If they are not readily apparent, you may request a letter from the tenant's treating health care professional, mental health professional, or social worker confirming the disability and the need for the animal. You cannot demand medical records, the diagnosis, or the severity, and an online registration or vest is not valid verification.
Are emotional support animals the same as service animals in Hawaii?
Not exactly. A service animal is a dog trained to perform a task related to a disability; an ESA provides comfort and is not task-trained. They differ for public-access purposes. But in housing, both are protected assistance animals under HRS 515-3 and the Fair Housing Act, so you treat them the same when deciding whether to allow the animal.
What if I think a tenant is faking a service animal?
Request proper verification through the limited channels the law allows and document your process. If someone knowingly misrepresents an animal as a service animal, HRS 347-2.6 imposes a fine of $100 to $250 for a first violation and at least $500 after that, but that is a state-enforced penalty, not a reason to deny a legitimate accommodation or charge a fee.
Can I ever deny an assistance-animal request?
Rarely. You may deny only if the specific animal poses a direct threat to the health or safety of others or would cause substantial physical damage that no reasonable accommodation can reduce, or if the request is otherwise unreasonable. A blanket no-pets policy, breed or size limits, or a suspicion about paperwork is not a lawful basis to deny.
Federal authority: 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204; HUD FHEO Notice 2020-01. State authority: HRS § 521-44(b). Last updated October 23, 2026. For informational purposes only, not legal advice. Pet and assistance-animal questions are highly fact-specific; consult a licensed Hawaii attorney before refusing any request.