Haw. Rev. Stat. § 368 § 368-11

Complaint against unlawful discrimination.

In Force
Verified 10/23/2026 · Next check 10/30/2026
effective 10/23/2026HawaiiFair Housing & Anti-Discrimination

Operative Text

Haw. Rev. Stat. § 368 § 368-11
(a) The commission shall have jurisdiction over the subject of discriminatory practices made unlawful by part I of chapter 489, chapter 515, part I of chapter 378, and this chapter; provided that the commission shall not have jurisdiction over claims within the scope of the Individuals with Disabilities Education Act, P.L. 101-476, as amended. Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may file with the commission's executive director a complaint in writing that shall state the name and address of the person or party alleged to have committed the unlawful discriminatory practice complained of, set forth the particulars thereof, and contain other information as may be required by the commission. The attorney general, or the commission upon its own initiative, may, in like manner, make and file a complaint.
(b) A complaint may be filed on behalf of a class by the attorney general or the commission, and a complaint so filed may be investigated, conciliated, heard, and litigated on a class action basis.
(c) No complaint shall be filed after the expiration of one hundred eighty days after the date:
(1) Upon which the alleged unlawful discriminatory practice occurred; or
(2) Of the last occurrence in a pattern of ongoing discriminatory practice.
(d) For the purposes of this chapter "unlawful discriminatory practice" means an unfair discriminatory practice or like terms, as may be used in part I of chapter 489, chapter 515, or part I of chapter 378. [L 1989, c 386, pt of §1; am L 1991, c 252, §3; am L 2001, c 55, §17(2), (3); am L 2021, c 164, §3]
Source: Legislative text reproduced verbatim
Plain English

Hawaii Revised Statutes § 368-11 establishes the process for filing a discrimination complaint with the Hawaii Civil Rights Commission (HCRC). The Commission holds jurisdiction over unlawful discriminatory practices covered by several state statutes, including those addressing housing, employment, and public accommodations, though claims under the Individuals with Disabilities Education Act fall outside its reach. Complaints must be filed within 180 days of the discriminatory act or the last occurrence in an ongoing pattern of discrimination. The Commission or the Attorney General may also initiate complaints independently, including on a class-wide basis.

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

Plain English — not legal advice.

For Property Managers

Under § 368-11, property owners and managers should be aware that the Hawaii Civil Rights Commission has authority to investigate housing-related discrimination complaints filed under Chapter 515 and related statutes. A compliant operator generally maintains clear, consistent, and non-discriminatory policies in tenant screening, lease terms, and property management practices to avoid becoming the subject of a written complaint. Operators familiar with this provision understand that complaints can be initiated not only by aggrieved individuals but also by the Attorney General or the Commission itself, meaning enforcement is not solely dependent on a tenant taking action.

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

For Tenants

Under § 368-11, tenants who believe they have experienced unlawful housing discrimination in Hawaii have the right to file a written complaint with the Hawaii Civil Rights Commission's executive director. The complaint must identify the party alleged to have engaged in the discriminatory practice and describe the relevant details, and it must generally be filed within 180 days of the discriminatory act or the last event in an ongoing pattern. Tenants exploring this path may benefit from consulting a tenant-rights organization or legal aid provider familiar with the HCRC process to understand how the complaint, investigation, and conciliation procedures work.

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. 489
Not yet ingested
Haw. Rev. Stat. ch. 515
Not yet ingested
Haw. Rev. Stat. ch. 378
Not yet ingested

References In

Rules and statutes that cite this regulation

Haw. Rev. Stat. § 368-11
Haw. Rev. Stat. § 368-17
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-12
Haw. Rev. Stat. § 368-17

Related Rules

§ 5.106
§ 5.106 Equal access in accordance with the individual's gender identity in community planning and development programs.
§ 5.109
§ 5.109 Equal participation of faith-based organizations in HUD programs and activities.
§ 2
Policies; recommendations

Source Information

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Fetched:Oct 23, 2026, 07:34 AM UTC