HB1646 • 2026

RELATING TO RENTAL DISCRIMINATION.

Housing

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: MATAYOSHI, EVSLIN, GRANDINETTI, TARNAS
Last action: 2026-01-26
Official status: Referred to CPC, JHA, referral sheet 1
Effective date: Not listed

Plain English Breakdown

The bill summary and text do not provide details on the amount or conditions under which attorneys' fees may be awarded.

Rental Discrimination Law Changes

This bill allows courts to award attorneys' fees to the winning party in rental discrimination cases based on income source.

What This Bill Does

Changes a law so that courts can now award attorneys' fees to people who win lawsuits about unfair treatment when renting a home because of their income source.

Who It Names or Affects

People who rent homes and face unfair treatment based on their income source.
Lawyers who help people in rental discrimination cases.
Courts that handle lawsuits about rental discrimination.

Terms To Know

Prevailing party: The person or group that wins a lawsuit.
Attorneys' fees: Money paid to lawyers for their work on a case.

Limits and Unknowns

It does not specify how much in attorneys' fees the court can award.
The bill only affects rental discrimination cases based on income source, not other types of discrimination.

Bill History

2026-01-26 H
Referred to CPC, JHA, referral sheet 1
2026-01-21 H
Introduced and Pass First Reading.
2026-01-20 H
Prefiled.

Official Summary Text

RELATING TO RENTAL DISCRIMINATION.
Rental Discrimination; Income; Attorneys' Fees
Allows the court to award attorneys' fees to a prevailing party in an action relating to discriminatory practices in a rental transaction based on source of income.

Current Bill Text

Read the full stored bill text

HB1646

HOUSE OF REPRESENTATIVES

H.B. NO.

1646

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to rental discrimination
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The
legislature finds that under federal law, landlords are not required to accept
housing choice vouchers as a form of payment for rent.
�
The practice of refusing to rent to voucher
holders is known as "source-of-income discrimination", and
disproportionately affects renters of color, renters with disabilities, elderly
renters, and women.
�
While the federal
Fair Housing Act protects these groups from discrimination based on their
identities, it does not protect them from discrimination based on their source
of income.
�

����
The legislature further finds that chapter
368F, Hawaii Revised Statutes, establishes legal protections for individuals
suffering from discrimination in a rental transaction based on source of
income.
�
However, existing law prohibits
courts from awarding attorneys' fees in these cases, which disincentivizes
attorneys from taking source-of-income discrimination cases and reduces the
likelihood that parties will be able to secure legal representation.
�

����
Accordingly, the purpose of this Act is to
allow
the court to award attorneys' fees to a prevailing party in an action relating
to discriminatory practices in a rental transaction based on source of income.

����
SECTION
2
.
�
Section 368F-4, Hawaii Revised Statutes, is
amended by amending subsection (e) to read as follows:

����
"
(e)
�
[
No party shall be awarded attorney's
]

The court may award attorneys'
fees or costs
to the prevailing party

in any action under this section.
"

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SECTION 3.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 4.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Rental
Discrimination; Income; Attorneys' Fees

Description:

Allows the
court to award attorneys' fees to a prevailing party in an action relating to
discriminatory practices in a rental transaction based on source of income.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.