HAR § 12-46 § 12-46-303
Construction.
Operative Text
This subchapter shall be liberally construed according to the fair import of their terms toward the goal of eliminating discrimination in real estate transactions. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-1)
HAR § 12-46-303 establishes that the rules within this subchapter are to be interpreted broadly and in a manner consistent with their intended purpose: eliminating discrimination in real estate transactions. Courts and agencies applying these rules are directed to favor interpretations that advance fair housing goals rather than narrow or technical readings that might limit their reach. This construction principle shapes how all other provisions in the subchapter are understood and applied.
Plain English — not legal advice.
Under HAR § 12-46-303, operators in Hawaii's real estate market should understand that the fair housing rules in this subchapter are designed to be read expansively, not narrowly. Compliant property owners and managers generally err on the side of caution when evaluating any policy or practice that could touch on protected classes, knowing that ambiguous situations are likely to be resolved in favor of the anti-discrimination purpose of the rules. Familiarity with the broader intent of HRS Chapter 515, which this subchapter implements, helps inform day-to-day decision-making.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-303 is a rule of interpretation that works in favor of those who experience discrimination in real estate transactions, directing that the subchapter's protections be read as broadly as their language fairly allows. This means that if there is ambiguity about whether a particular conduct or situation falls within the subchapter's protections, the rules are to be construed toward the goal of eliminating discrimination. Tenants who believe they have experienced housing discrimination may consider reaching out to the Hawaii Civil Rights Commission or a tenant-rights organization to understand how this interpretive principle may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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