HAR § 12-46 § 12-46-4
General inquiry.
Operative Text
(a) Whenever it appears to the commission’s executive director that an unlawful discriminatory practice may have been committed, the executive director may make an inquiry without the filing of a complaint. (b) The commission’s executive director may file a complaint whenever the inquiry has revealed an unlawful discriminatory practice under chapter 368 or 489 or 515 or part I of chapter 378, HRS. (c) The information gathered in the course of an inquiry which occurred prior to the filing of a complaint may be used in processing the complaint. [Eff 12/31/90; am 5/1/92] (Auth: HRS §368-3) (Imp: HRS §§368-3, 368-11).
Under HAR § 12-46-4, Hawaii's Civil Rights Commission executive director has the authority to investigate potential unlawful discriminatory practices in housing and other covered areas even before a formal complaint is filed. If that preliminary inquiry uncovers evidence of discrimination under the relevant Hawaii statutes—including chapters 368, 489, 515, or part I of chapter 378—the executive director may then file a formal complaint. Any information gathered during the pre-complaint inquiry can be carried forward and used once formal complaint processing begins.
Plain English — not legal advice.
HAR § 12-46-4 means that property owners and managers can become the subject of a Hawaii Civil Rights Commission investigation without a tenant or other party having first filed a formal complaint. Operators who maintain consistent, documented, non-discriminatory practices in tenant screening, leasing, and property management are generally better positioned if an executive director inquiry arises. Keeping clear records of rental policies and decisions is a standard practice that supports compliance with chapters 368, 489, 515, and part I of chapter 378, HRS.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-4 establishes that tenants are not the only ones who can trigger a discrimination investigation—the Hawaii Civil Rights Commission's executive director can independently initiate an inquiry into potential unlawful discriminatory practices in housing. This means that even if a tenant has not yet filed a formal complaint, an investigation may already be underway, and any information gathered can later support a formal proceeding under chapters 368, 489, 515, or part I of chapter 378, HRS. Tenants who believe they have experienced housing discrimination may consider contacting the Hawaii Civil Rights Commission directly or reaching out to a tenant-rights organization to understand the range of available options.
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
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