HAR § 12-46 § 12-46-304
Record keeping requirements.
Operative Text
(a) Any records of real estate transactions made or kept by an owner, any person engaging in a real estate transaction, or real estate broker or salesperson involving the lease or rental of a housing accommodation: (1) In a building which has four or more housing accommodations; or (2) Which is owned by a person who owns three or more housing accommodations; shall be preserved for one year from the date of making the record or the occurrence of the real estate transaction practice, policy, or action involved, whichever is later. The records shall include, but not be limited to, advertisements, applications, and any other information furnished by the person seeking the housing accommodation, lease or rental agreements, eviction records, any records affecting changes in the terms, conditions, privileges, or enjoyment of tenancy, occupancy, or use of the premises, and corporate or association minutes and resolutions adopting house rules affecting occupancy. (b) Any other records of real estate transactions, not involving a lease or rental, made or kept by an owner, any person engaging in a real estate transaction, or real estate broker or salesperson shall be preserved for one year from the date of making of the record or the occurrence of the real estate transaction practice, policy, or action involved, whichever is later. (c) Where a complaint has been filed or a civil action has been brought against a respondent under chapter 368 or 515, HRS, the respondent shall preserve all records relevant to the complaint or action until final disposition of the complaint or action, as defined in section 12-46-21(c)(2). (d) Where a respondent is required to preserve records under this section and the records have been destroyed or are unavailable, in an investigation or proceeding on a complaint filed with the commission or in a civil action it may be presumed that the evidence contained in the records was adverse to the interest or position of the respondent. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §§515-1, 515-3, 515-5, 515-6, 515-9)
HAR § 12-46-304 establishes how long real estate transaction records must be kept in Hawaii. Owners, brokers, and salespersons involved in leasing or renting housing in buildings with four or more units—or owned by someone who owns three or more units—must retain records such as advertisements, applications, lease agreements, and eviction records for at least one year from when the record was made or the transaction occurred, whichever is later. If a fair-housing complaint or civil action is filed, all relevant records must be preserved until the matter is fully resolved. Notably, if required records are destroyed or unavailable during an investigation or proceeding, it may be presumed that those records contained evidence unfavorable to the party who was supposed to keep them.
Plain English — not legal advice.
Under HAR § 12-46-304, compliant property operators in covered buildings—those with four or more units, or owned by someone with three or more housing accommodations—maintain a broad set of records including rental applications, lease agreements, advertisements, eviction records, and any documents reflecting changes to tenancy terms for a minimum of one year. Operators also retain records related to non-rental real estate transactions for the same one-year period. When a fair-housing complaint or civil action arises, compliant operators preserve all relevant records through the final resolution of that matter, since missing or destroyed records can be treated as evidence against the respondent's position.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-304 gives tenants and housing applicants an indirect but meaningful protection: landlords and brokers covered by this rule are required to keep records—including applications, lease agreements, and eviction records—for at least one year, and longer if a complaint is active. If a landlord fails to preserve those records and a fair-housing complaint is filed with the Hawaii Civil Rights Commission under HRS chapters 368 or 515, a decision-maker may presume that the missing records contained information unfavorable to the landlord. Tenants who believe their fair-housing rights have been violated may consider filing a complaint with the Hawaii Civil Rights Commission or consulting a tenant-rights organization to understand how this record-keeping rule could bear on their situation.
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.
Effective Timeline
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