HAR § 12-46 § 12-46-313
Exemptions.
Operative Text
(a) Sections 12-46-305, -306, and -307 do not apply: (l) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or lessor resides in one of the two housing accommodations; or (2) To the rental of a room or up to four rooms in a housing accommodation by an owner or lessor if the owner or lessor resides therein. (b) Nothing in this subchapter regarding familial status or age shall apply to housing for older persons as defined by 42 U.S.C. section 3607(b)(2). [Eff 10/15/93; am 10/6/2013] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §515-4)
HAR § 12-46-313 carves out specific situations where certain fair housing requirements under §§ 12-46-305, -306, and -307 do not apply. Owner-occupied duplexes and situations where an owner rents out rooms within their own home are excluded from those sections. Additionally, housing communities that qualify as "housing for older persons" under the federal definition at 42 U.S.C. § 3607(b)(2) are exempt from the subchapter's familial status and age provisions.
Plain English — not legal advice.
Property owners who live in one unit of a two-unit building, or who rent out rooms within their own residence, generally fall outside the scope of §§ 12-46-305, -306, and -307 as described in HAR § 12-46-313. Operators of senior housing communities may also qualify for the older-persons exemption if they meet the federal criteria under 42 U.S.C. § 3607(b)(2). Compliant operators typically document their owner-occupancy status or senior-housing qualifications to demonstrate that an exemption applies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-313 limits the reach of certain Hawaii fair housing protections, meaning tenants in owner-occupied duplexes or in homes where the owner rents rooms may not have the same protections under §§ 12-46-305, -306, and -307 that apply in other rental settings. Tenants who believe an exemption is being claimed improperly—for example, if an owner does not actually reside on the premises—may have grounds to raise that issue. Tenant-rights organizations or the Hawaii Civil Rights Commission can be resources for understanding whether an exemption legitimately applies to a given housing 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.
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