HAR § 12-46 § 12-46-316
Responsibility for discriminatory practices.
Operative Text
A person may be liable for discriminatory practices made unlawful under this subchapter including, but not limited to, the following situations: (1) An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson is liable for any of its acts which constitute a discriminatory practice under this subchapter. (2) An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson may be liable for the acts of agents or persons acting on their behalf regardless of whether the specified acts were authorized or even forbidden, if the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson knew or should have known of their occurrence. The commission will examine the circumstances of the particular agency or employment relationship and job functions of the person in determining whether the person acted as an agent or on behalf of the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson. [Eff 10/15/93] (Auth: HRS §§368-3; 515-9(7)) (Imp: HRS §§515-1, 515-2, 515-3, 515-5, 515-6, 515-7, 515-9(7), 515-16, 515-17, 515-20)
HAR § 12-46-316 establishes who can be held responsible when a discriminatory housing practice occurs under Hawaii's fair housing rules. Owners, parties to real estate transactions, and brokers or salespersons can be liable not only for their own discriminatory acts but also for the acts of agents or others working on their behalf—even if those acts were never authorized or were explicitly prohibited—provided the principal knew or reasonably should have known the conduct was occurring. The Hawaii Civil Rights Commission examines the specific nature of the agency or employment relationship and the job functions involved when determining whether someone acted as an agent or on another's behalf.
Plain English — not legal advice.
Under HAR § 12-46-316, property owners and managers are generally expected to actively oversee the conduct of everyone acting on their behalf—including leasing agents, property managers, and contractors—because liability for discriminatory practices can extend to acts those individuals commit even without explicit authorization. Compliant operators typically establish clear fair housing policies, provide regular training, and maintain oversight systems so that prohibited conduct is neither encouraged nor overlooked. Documenting that such policies exist and are enforced is a common practice among operators seeking to demonstrate they neither knew nor should have known of any discriminatory acts.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-316 means that if a leasing agent, property manager, or other representative of an owner engages in discriminatory conduct, the owner or principal may also bear responsibility—not just the individual who acted. Tenants who believe they have experienced housing discrimination covered by this subchapter may file a complaint with the Hawaii Civil Rights Commission, which is the body that examines these relationships and determines liability. Tenant-rights organizations in Hawaii can help individuals understand the complaint process and what documentation may be relevant to a claim 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.
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