HAR § 12-46 § 12-46-310
Prohibited interference, coercion, or intimidation.
Operative Text
It is a discriminatory practice for a person, or for two or more persons to conspire: (1) To retaliate, threaten, or discriminate against a person because of the exercise or enjoyment of any right granted or protected by this subchapter, or because the person has opposed a discriminatory practice, or because the person has made a charge, filed a complaint, testified, assisted, or participated in an investigation, proceeding, or hearing under this subchapter; (2) To aid, abet, incite, or coerce a person to engage in a discriminatory practice; Example: A newspaper by publishing an advertisement which states a preference based upon a protected basis has aided a person engaging in a discriminatory practice. (3) To interfere with any person in the exercise or enjoyment of any right granted or protected by this subchapter or with the performance of a duty or the exercise of a power by the commission; (4) To obstruct or prevent a person from complying with this subchapter or an order issued thereunder; (5) To intimidate or threaten any person engaging in activities designed to make other persons aware of rights granted or protected by this subchapter or encouraging such other persons to exercise such rights; or (6) To threaten, intimidate, or interfere with persons in their enjoyment of a housing accommodation, or visitors or associates of such persons, because of the person’s protected basis. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-16)
HAR § 12-46-310 establishes that it is a discriminatory practice to retaliate against, threaten, or interfere with anyone who exercises housing rights protected under this subchapter, or who participates in related complaints, investigations, or proceedings. The rule also prohibits helping others commit discriminatory acts, obstructing compliance with fair housing orders, and targeting people based on a protected characteristic in their enjoyment of housing. These protections extend to a person's visitors and associates as well.
Plain English — not legal advice.
Under HAR § 12-46-310, compliant housing operators generally refrain from any action that could be construed as retaliation or intimidation toward residents, applicants, or anyone who has filed a complaint or participated in a fair housing proceeding. This includes avoiding conduct — direct or indirect — that discourages tenants or their associates from exercising their fair housing rights, such as threatening communications or adverse housing actions taken in response to a complaint. Operators also take care not to publish, distribute, or authorize advertising that expresses a preference based on a protected characteristic, as doing so can constitute aiding a discriminatory practice under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-310 protects tenants, their visitors, and their associates from retaliation, threats, or interference when they exercise fair housing rights, oppose discriminatory practices, or participate in investigations or hearings. If a tenant believes a landlord or another party has retaliated against them or interfered with their housing enjoyment in violation of this provision, one general path is to file a complaint with the Hawaii Civil Rights Commission, which is authorized to investigate such matters under this subchapter. Tenant-rights organizations can also help individuals understand the range of options available under HAR § 12-46-310.
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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