RELATING TO HOUSING DISCRIMINATION.

SB2210

THE SENATE

S.B. NO.

2210

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to housing discrimination
.

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

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SECTION 1.
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The legislature finds that the federal
housing choice voucher program, also known as section 8 of the United States
Housing Act of 1937, as amended, provides federally‑funded, tenant-based
vouchers to low-income households.
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Once
a household receives a section 8 voucher, the challenge is finding a landlord
who is willing to accept the voucher.
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Federal
law does not require landlords to accept housing choice vouchers as a form of
payment for rent.
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Refusal to rent to
voucher holders is a practice known as source of income discrimination, which
disproportionately affects renters of color, renters with disabilities, elderly
renters, and women.
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While the Fair
Housing Act protects these groups from discrimination based on their
identities, it does not protect them from source of income discrimination.
�

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To
protect renters with housing assistance vouchers, the Legislature passed Act
310, Session Laws of Hawaii 2022, which prohibits source of income discrimination
in rental transactions and imposes civil penalties on a landlord who commits a source
of income discriminatory practice.
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The
legislature finds that the Hawaii civil rights commission is tasked with receiving,
investigating, and conciliating complaints alleging any unlawful discriminatory
practice based on discrimination, including discrimination in housing; however,
source of income discrimination is not currently included.
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The legislature believes that source of
income discrimination should be added to the commission's scope of enforcement.

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Accordingly,
the purpose of this Act is to authorize the Hawaii civil rights commission to
prosecute discrimination based on source of income in housing cases.

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SECTION

2
.
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Section 368-3,
Hawaii Revised Statutes, is amended to read as follows:

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"
�368-3
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Powers and functions of commission.
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The commission shall have the following powers and functions:

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(1)
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To receive, investigate, and conciliate
complaints alleging any unlawful discriminatory practice under part I of
chapter 489, chapter 515, [
and
] part I of chapter 378,
and chapter
368F,
and complaints filed under this chapter, and conduct proceedings on
complaints alleging unlawful practices where conciliatory efforts are
inappropriate or unsuccessful;

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(2)
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To hold hearings and make inquiries, as
it deems necessary, to carry out properly its functions and powers, and for the
purpose of these hearings and inquiries, to administer oaths and affirmations,
conduct depositions, compel the attendance of parties and witnesses and the
production of documents by the issuance of subpoenas, examine parties and
witnesses under oath, require answers to interrogatories, and delegate these
powers to any member of the commission or any person appointed by the
commission for the performance of its functions;

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(3)
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To commence civil action in circuit
court to seek appropriate relief, including the enforcement of any commission
order, conciliation agreement, or predetermination settlement;

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(4)
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To issue the right to sue to a
complainant;

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(5)
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To order appropriate legal and
equitable relief or affirmative action when a violation is found;

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(6)
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To issue publications and results of
investigations and research that, in its judgment, will tend to promote
goodwill and minimize or eliminate discrimination in employment, housing, and
public accommodations;

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(7)
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To submit annually to the governor and
the legislature a written report of its activities and recommendations for
administrative or statutory changes required to further the purposes of this
chapter;

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(8)
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To appoint an executive director,
deputy executive director, attorneys, and hearings examiners who shall be
exempt from chapter 76, and investigators and other necessary support personnel
who shall be subject to chapter 76.
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Section 28-8.3 notwithstanding, an attorney employed by the commission
as a full-time staff member may represent the commission in litigation, draft
legal documents for the commission, provide other necessary legal services to
the commission, and shall not be deemed to be a deputy attorney general; and

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(9)
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To adopt rules under chapter 91."

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SECTION

3
.
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Section 368-17,
Hawaii Revised Statutes, is amended to read as follows:

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"
�368-17
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Remedies.
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(a)
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The remedies ordered by the commission or the
court under this chapter may include compensatory and punitive damages and
legal and equitable relief, including, but not limited to:

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(1)
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Hiring, reinstatement, or upgrading of
employees with or without back pay;

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(2)
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Admission or restoration of individuals
to labor organization membership, admission to or participation in a guidance
program, apprenticeship training program, on-the-job training program, or other
occupational training or retraining program, with the utilization of objective
criteria in the admission of persons to those programs;

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(3)
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Admission of persons to a public
accommodation or an educational institution;

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(4)
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Sale, exchange, lease, rental,
assignment, or sublease of real property to a person;

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(5)
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Extension to all persons of the full
and equal enjoyment of the goods, services, facilities, privileges, advantages,
or accommodations of the respondent;

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(6)
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Reporting as to the manner of
compliance;

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(7)
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Requiring the posting of notices in a
conspicuous place that the commission may publish or cause to be published
setting forth requirements for compliance with civil rights law or other
relevant information that the commission determines necessary to explain those
laws;

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(8)
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Payment to the complainant of damages
for an injury or loss caused by a violation of part I of chapter 489, chapter
515, part I of chapter 378, or this chapter, including a reasonable attorney's
fee;

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(9)
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Payment to the complainant of all or a
portion of the costs of maintaining the action before the commission, including
reasonable attorney's fees and expert witness fees, when the commission
determines that award to be appropriate; and

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(10)
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Other relief the commission or the
court deems appropriate.

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(b)
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Section 386-5 notwithstanding, a workers'
compensation claim or remedy does not bar relief on complaints filed with the
commission.

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(c)
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Notwithstanding subsections (a) and (b), the
commission may:

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(1)
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Subject a landlord that violates the
provisions of chapter 368F to a civil penalty in an amount not to exceed $2,000
if determined by the commission to have violated chapter 368F for the first
time within one year of the occurrence of the alleged violation;

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(2)
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Impose a $2,500 penalty against a
landlord for any subsequent violation; and

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(3)
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Order any injunctive or other
equitable relief as it deems proper;

provided that n
o landlord
shall be fined more than once for the same violation under this section;
provided further that no party shall be awarded attorney's fees or costs in any
action under this subsection.

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All
fines collected under this subsection shall be deposited into the general fund.
"

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SECTION

4
.
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Section 368F-4,
Hawaii Revised Statutes, is repealed.

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["
[
�368F-4]
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Remedies.
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(a)
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A
landlord that violates any provisions of this chapter may be subject to a civil
penalty in an amount not to exceed $2,000 if determined by the court to have
violated this chapter for the first time within one year of the occurrence of
the alleged violation.

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(b)
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The court may impose a $2,500 penalty against
a landlord for any subsequent violation of this chapter by the landlord.

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(c)
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The court may also order any injunctive or
other equitable relief as it deems proper.

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(d)
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No landlord shall be fined more than once for
the same violation under this section.

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(e)
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No party shall be awarded attorney's fees or
costs in any action under this section.

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(f)
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All fines collected under this section shall
be deposited into [the] general fund.
"]

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SECTION
5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

HCRC; Discrimination;
Income; Prohibited

Description:

Allows
the Hawaii Civil Rights Commission to prosecute discrimination based on source
of income in housing cases.

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