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THE SENATE |
S.B. NO. |
2902 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to rental discrimination.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"CHAPTER
RENTAL
DISCRIMINATION BASED ON SOURCE OF INCOME
§ -1 Definitions.
As used in this chapter, unless the context
clearly requires otherwise:
"Housing
assistance program" means a section 8 housing choice voucher program or any
permanent supportive housing program.
"Rental
transaction" means any part of the process for the rental or lease of a
premises for residential purposes.
§ -2 Discriminatory
practices in a rental transaction based on source of income. (a) It shall be a discriminatory practice for
a landlord to:
(1) Indicate in any manner used to advertise the availability of a rental property that the landlord will not rent a property to a person participating in a housing assistance program;
(2) Discourage in any manner a
person from seeking to engage in a rental transaction based on the person's
participation in a housing assistance program;
(3) Refuse to engage in a rental transaction with
a person because of the person's participation in a
housing assistance program or requirements related to participation in a
housing assistance program; or
(4) Require rental conditions
that are different from those required for a person not participating in a
housing assistance program.
(b) Nothing in this section shall be deemed to
prohibit a landlord from determining in a commercially reasonable manner the
ability of a potential tenant to pay rent by:
(1) Verifying the source and
amount of income of the potential tenant; or
(2) Evaluating the stability,
security, and creditworthiness of the potential tenant or any source of income
of the potential tenant.
§ -3 Remedies. (a) Any
individual claiming to be aggrieved by an alleged unlawful discriminatory
practice by a landlord may bring a civil action in district court within one
year of the occurrence of the alleged violation for appropriate injunctive
relief and damages.
(b) In an action brought pursuant to subsection (a), a district court may issue an injunction to enjoin a violation of this chapter. If the court issues an injunction, the court may also award damages not to exceed $2,500 to the person bringing the action, and reasonable attorney's fees and costs incurred in the civil action."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Permanent Supporting Housing; Source of Income; Rental Discrimination; Prohibited Practices; Housing Assistance Program; Section 8 Housing Choice Vouchers
Description:
Prohibits discrimination, including in advertisements for rental property, in rental transactions based on participation in a section 8 housing choice program or any permanent supportive housing program or requirements related to participation in these housing assistance programs.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.