Hawaii 2022 Regular Session

Hawaii Senate Bill SB2902 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 2902 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to rental discrimination. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 2902
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	2902
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2022
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to rental discrimination.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows: "CHAPTER RENTAL DISCRIMINATION BASED ON SOURCE OF INCOME § -1 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Housing assistance program" means a section 8 housing choice voucher program or any permanent supportive housing program. "Rental transaction" means any part of the process for the rental or lease of a premises for residential purposes. § -2 Discriminatory practices in a rental transaction based on source of income. (a) It shall be a discriminatory practice for a landlord to: (1) Indicate in any manner used to advertise the availability of a rental property that the landlord will not rent a property to a person participating in a housing assistance program; (2) Discourage in any manner a person from seeking to engage in a rental transaction based on the person's participation in a housing assistance program; (3) Refuse to engage in a rental transaction with a person because of the person's participation in a housing assistance program or requirements related to participation in a housing assistance program; or (4) Require rental conditions that are different from those required for a person not participating in a housing assistance program. (b) Nothing in this section shall be deemed to prohibit a landlord from determining in a commercially reasonable manner the ability of a potential tenant to pay rent by: (1) Verifying the source and amount of income of the potential tenant; or (2) Evaluating the stability, security, and creditworthiness of the potential tenant or any source of income of the potential tenant. § -3 Remedies. (a) Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice by a landlord may bring a civil action in district court within one year of the occurrence of the alleged violation for appropriate injunctive relief and damages. (b) In an action brought pursuant to subsection (a), a district court may issue an injunction to enjoin a violation of this chapter. If the court issues an injunction, the court may also award damages not to exceed $2,500 to the person bringing the action, and reasonable attorney's fees and costs incurred in the civil action." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
50	50
51	51	"CHAPTER
52	52
53	53	RENTAL DISCRIMINATION BASED ON SOURCE OF INCOME
54	54
55	55	§ -1 Definitions. As used in this chapter, unless the context clearly requires otherwise:
56	56
57	57	"Housing assistance program" means a section 8 housing choice voucher program or any permanent supportive housing program.
58	58
59	59	"Rental transaction" means any part of the process for the rental or lease of a premises for residential purposes.
60	60
61	61	§ -2 Discriminatory practices in a rental transaction based on source of income. (a) It shall be a discriminatory practice for a landlord to:
62	62
63	63	(1) Indicate in any manner used to advertise the availability of a rental property that the landlord will not rent a property to a person participating in a housing assistance program;
64	64
65	65	(2) Discourage in any manner a person from seeking to engage in a rental transaction based on the person's participation in a housing assistance program;
66	66
67	67	(3) Refuse to engage in a rental transaction with a person because of the person's participation in a housing assistance program or requirements related to participation in a housing assistance program; or
68	68
69	69	(4) Require rental conditions that are different from those required for a person not participating in a housing assistance program.
70	70
71	71	(b) Nothing in this section shall be deemed to prohibit a landlord from determining in a commercially reasonable manner the ability of a potential tenant to pay rent by:
72	72
73	73	(1) Verifying the source and amount of income of the potential tenant; or
74	74
75	75	(2) Evaluating the stability, security, and creditworthiness of the potential tenant or any source of income of the potential tenant.
76	76
77	77	§ -3 Remedies. (a) Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice by a landlord may bring a civil action in district court within one year of the occurrence of the alleged violation for appropriate injunctive relief and damages.
78	78
79	79	(b) In an action brought pursuant to subsection (a), a district court may issue an injunction to enjoin a violation of this chapter. If the court issues an injunction, the court may also award damages not to exceed $2,500 to the person bringing the action, and reasonable attorney's fees and costs incurred in the civil action."
80	80
81	81	SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
82	82
83	83	SECTION 3. This Act shall take effect upon its approval.
84	84
85	85
86	86
87	87	INTRODUCED BY: _____________________________
88	88
89	89	INTRODUCED BY:
90	90
91	91	_____________________________
92	92
93	93
94	94
95	95
96	96
97	97	Report Title: Permanent Supporting Housing; Source of Income; Rental Discrimination; Prohibited Practices; Housing Assistance Program; Section 8 Housing Choice Vouchers Description: Prohibits discrimination, including in advertisements for rental property, in rental transactions based on participation in a section 8 housing choice program or any permanent supportive housing program or requirements related to participation in these housing assistance programs. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
98	98
99	99
100	100
101	101
102	102
103	103	Report Title:
104	104
105	105	Permanent Supporting Housing; Source of Income; Rental Discrimination; Prohibited Practices; Housing Assistance Program; Section 8 Housing Choice Vouchers
106	106
107	107
108	108
109	109	Description:
110	110
111	111	Prohibits discrimination, including in advertisements for rental property, in rental transactions based on participation in a section 8 housing choice program or any permanent supportive housing program or requirements related to participation in these housing assistance programs.
112	112
113	113
114	114
115	115
116	116
117	117
118	118
119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.