Fair Housing Office - What is prohibited?

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This webpage is provided by the City and County of Honolulu's Fair Housing Office for general information and educational purposes only.  Nothing on this webpage may be considered or deemed to constitute legal advice.  Due to the rapidly changing nature of the law, information may become outdated.  The information presented should not be used by lawyers as a substitute for independent research or by non-lawyers as a substitute for legal or other advice.

In brief, the following actions on the basis of "protected class" are prohibited in the Sale and Rental of Housing:

• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Deny a dwelling
• Set different terms, conditions or privileges for sale or rental of a dwelling
• Provide different housing services or facilities
• Falsely deny that housing is available for inspection, sale, or rental
• For profit, persuade owners to sell or rent (blockbusting)
• Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

In brief, the following actions on the basis of "protected class" are prohibited in Mortgage Lending:

• Refuse to make a mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan, such as different interest rates, points, or fees
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for purchasing a loan.

In addition, it is illegal for anyone to:

• Threaten, coerce, intimidate, or interfere with anyone exercising a fair housing right or assisting others who exercise that right.
• Advertise or make any statement that indicates a limitation or preference based on a "Protected Class".  This prohibition against discriminatory advertising applies to single-family and owner-occupied housing that is otherwise exempt from the Fair Housing Act.  

Additional protection for persons with disabilities:

If you:

• Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities
• Have a record of such a disability
• Are regarded as having such a disability

then your landlord may not:

• Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing.  Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move.  (Example:  An apartment complex that offers tenants ample unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.)
• Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.  (Example:  A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.)