HAR § 12-46 § 12-46-311

Other discriminatory practices.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiAdvertising Rules

Operative Text

HAR § 12-46 § 12-46-311
(a) An attempt to commit, directly or indirectly, a discriminatory practice is a discriminatory practice.
(b) A party to a conciliation agreement made under chapter 515, HRS, or this subchapter, who violates the terms of such agreement, has committed a discriminatory practice.
(c) It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson to print, circulate, post, or mail, or cause to be published a statement, advertisement, or sign, or to use a form of application for a real estate transaction, or to make a record or inquiry in connection with a prospective real estate transaction, which indicates, directly or indirectly, an intent to make a limitation, specification, or discrimination because of a person’s protected basis.
(d) It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson to offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against because of a person’s protected basis in a real estate transaction or in the furnishing of facilities or services in connection therewith.

[Eff 10/15/93; am 10/6/13]  (Auth: HRS §§368-3; 515-9(7))  (Imp: HRS §§515-16, 515-17, 515-18(b))
Source: Legislative text reproduced verbatim
Plain English

HAR § 12-46-311 establishes that discriminatory practices in real estate extend beyond direct acts of bias. Attempting to discriminate—even indirectly—counts as a discriminatory practice, as does violating a conciliation agreement reached under Hawaii's fair housing law. The rule also prohibits publishing or using any statement, advertisement, application form, or listing that signals an intent to discriminate based on a protected characteristic, whether that signal is explicit or implied.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 23, 2026

Plain English — not legal advice.

For Property Managers

Under HAR § 12-46-311, property owners and real estate professionals operating in Hawaii are expected to review all advertising copy, application forms, and listing agreements to ensure no language—however subtle—suggests a preference or limitation based on a protected basis. Compliant operators also honor the full terms of any conciliation agreements they enter into under chapter 515, HRS, since a breach of such an agreement itself constitutes a discriminatory practice. Maintaining consistent, neutral language across all written and digital communications is a hallmark of operations that align with this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

HAR § 12-46-311 protects prospective and current tenants from discriminatory signals embedded in advertisements, application forms, or listing practices, not just overt acts of discrimination. If a tenant believes an owner, broker, or salesperson has published or used materials that indicate discriminatory intent based on a protected characteristic, that conduct may be raised as a fair housing violation. Tenants can explore filing a complaint with the Hawaii Civil Rights Commission or contacting a local tenant-rights organization to understand the options available under this provision.

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

Current
Oct 23, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Haw. Rev. Stat. ch. 515
Not yet ingested

References In

Rules and statutes that cite this regulation

Haw. Admin. R. § 12-46-17
Haw. Admin. R. § 12-46-17
Haw. Admin. R. § 12-46-11
Haw. Admin. R. § 12-46-15
Haw. Admin. R. § 12-46-1
Haw. Admin. R. § 12-46-21
Haw. Admin. R. § 12-46-302
Haw. Admin. R. § 12-46-5

Related Rules

§ 100.306
§ 100.306 Intent to operate as housing designed for persons who are 55 years of age or older.
§ 6-10-055
Job opportunity advertisements
§ 2.76.110
Posting of discrimination policy required

Source Information

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Fetched:Oct 23, 2026, 08:00 AM UTC