Discriminaton against voucher holders and recipients of other housing assistance programs is now illegal for many landlords in Hawaii.
Act 310, which became law on May 1, 2023, prohibits discrimination, including in advertisements for available real property, against prospective or current tenants based on participation in a Permanent Supportive Housing programs or any Section 8 Housing Choice Voucher program. The law applies mainly to landlords who own morethan four rental propertes with some exemptons allowed.
“When voucher holders are denied an opportunity to rent, it is a barrier to securing housing assistance,” says
Michael Yee, Office of Housing and Community Development Existng Housing Division Manager. “This law is a
needed step in the right directon and will help provide individuals and families greater access to affordable housing.”
The law aims to reduce source-of-income discriminaton against people who use these types of rental assistance. It provides Secton 8 partcipants with the same protectons afforded to other classes under state and federal Fair Housing laws.
“This law is important because it prohibits landlords from turning away prospectve tenants because they rely on
housing subsidies. Ideally, it should make it easier for low-income individuals to secure housing. It also provides an enforcement mechanism that punishes landlords for advertising that they do not rent to folks with housing subsidies, hopefully curtailing that very common practice,” says Nicholas Severson, Legal Aid Society of Hawaii’s Housing Managing Attorney.
“Discrimination” prohibited under the law includes:
• Advertising a rental property as not accepting vouchers
• Refusing to engage in a rental transaction with someone based on their participation in a housing assistance program
• Requiring rental conditions that are different from those required for a person not participating in a housing assistance program
A fine up to $2,000 will be issued for initial violations. Each subsequent violation will net a landlord a $2,500 fine.
