Hawaii Fair Housing Laws: What's on the Real Estate Exam

Fair housing questions appear throughout the Hawaii real estate exam. You need command of the federal Fair Housing Act plus Hawaii's unique additions — including the protection of people with arrest records and domestic abuse victims.

Federal Fair Housing Act — Core Framework

The federal Fair Housing Act prohibits discrimination in residential housing transactions based on 7 classes:

1. Race
2. Color
3. National Origin
4. Religion
5. Sex
6. Familial Status
7. Disability

Prohibited Acts - **Steering:** Directing buyers/renters toward or away from areas based on protected class - **Blockbusting:** Inducing homeowners to sell using fear of demographic change - **Redlining:** Denying services in areas based on racial/ethnic composition - **Discriminatory advertising:** Using language that signals preferences based on protected class

Federal FHA Exemptions - Owner-occupied buildings with 4 or fewer units (Mrs. Murphy exemption) - Single-family homes sold without a broker and without discriminatory advertising - Housing operated by religious organizations or private clubs for members only

Hawaii Fair Housing Additions

Hawaii's fair housing law extends protection to additional classes beyond the federal seven:

• Ancestry — distinct from national origin; protects indigenous Hawaiian ancestry and other lineage-based identities
• Marital status — single, married, divorced, widowed
• Sexual orientation
• Gender identity or expression — transgender and non-binary individuals
• Arrest and court records — cannot deny housing solely because of an arrest that did not result in conviction
• Domestic abuse victim status — cannot refuse to rent to or evict a domestic abuse survivor

Total protected classes in Hawaii: 13 (7 federal + 6 Hawaii additions)

Ancestry vs. National Origin — Know the Difference

This distinction is specifically relevant in Hawaii:

• National origin protects people based on the country they (or their family) came from
• Ancestry goes further, protecting people based on their lineage or ethnic heritage, including Native Hawaiian ancestry

Both are protected independently under Hawaii law.

Arrest and Court Records — Frequently Tested

Under Hawaii law, a landlord cannot refuse to rent to someone solely because they have an arrest record that did not result in a conviction. This recognizes that arrest alone does not indicate guilt.

However, criminal convictions may still be considered — with limitations. Landlords must evaluate convictions individually rather than applying blanket exclusions.

Disability Accommodations in Hawaii

Hawaii follows federal standards under both the Fair Housing Act and the Americans with Disabilities Act:

Reasonable accommodations: Changes to rules or policies (e.g., allowing a service animal in a no-pets building)

Reasonable modifications: Physical changes to the unit (tenant pays in private housing)

New construction accessibility: Buildings with 4+ units constructed after March 13, 1991 must meet HUD accessibility standards

ADA vs. Fair Housing Act

• Fair Housing Act: Residential housing — applies to apartments, condos, single-family homes
• ADA: Commercial properties and public accommodations — does NOT apply to residential housing

Practice Questions

Q: A landlord in Honolulu refuses to rent to a Native Hawaiian applicant, stating a preference for tenants without "Hawaiian heritage ties." Is this legal?

A: No. Hawaii's fair housing law prohibits discrimination based on ancestry, which includes Native Hawaiian ancestry.

Q: An applicant discloses an arrest for shoplifting that was dismissed. Can a Hawaii landlord use this to deny the application?

A: No. Hawaii law protects individuals from housing discrimination based solely on arrest and court records, particularly arrests that did not result in conviction.

For more Hawaii fair housing practice questions, visit [CARealestate.com/states/hawaii](https://carealestate.com/states/hawaii).