HAR § 12-46 § 12-46-317
Causation standard.
Operative Text
In determining whether a discriminatory practice constituting disparate treatment has been committed under this subchapter, it must be shown by a preponderance of the evidence: (1) That a causal connection existed between a person’s protected basis and the alleged discriminatory conduct; and (2) That the protected basis was any part of the reason for the conduct. [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 § 12-46-317 establishes the evidentiary standard used to determine whether a housing-related discriminatory practice based on disparate treatment has occurred. Under this rule, a finding of discrimination requires proof, by a preponderance of the evidence, that a causal link existed between a person's protected characteristic and the challenged conduct, and that the protected characteristic played at least some part in motivating that conduct. The standard does not require the protected basis to be the sole or primary reason — it need only be one contributing factor.
Plain English — not legal advice.
HAR § 12-46-317 means that housing operators can face a finding of disparate-treatment discrimination even when a protected characteristic was only one of several reasons behind a decision. Compliant operators generally document their decision-making processes thoroughly, applying consistent, non-discriminatory criteria across all applicants and residents. Maintaining clear records of the objective factors used in rental, lease, and occupancy decisions helps demonstrate that protected characteristics played no role in those outcomes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-317 sets a relatively accessible evidentiary threshold for tenants who believe they have experienced housing discrimination: a complainant does not need to prove that a protected characteristic was the only reason for adverse treatment, only that it was part of the reason. Tenants who believe a landlord's decision was influenced by a protected basis — such as race, religion, sex, or familial status — may consider filing a complaint with Hawaii's Civil Rights Commission, which administers this subchapter. Tenant-rights organizations can help individuals understand what types of evidence are typically relevant under this causation standard.
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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