SB2399 is a legislative proposal aimed at addressing rental discrimination based on the source of income, specifically targeting the challenges faced by individuals who utilize government housing assistance programs like the federal housing choice voucher program, commonly known as Section 8. The bill pushes to amend existing Hawaii Revised Statutes to explicitly prohibit discriminatory practices in rental transactions. This initiative arises from extensive legislative findings that highlight ongoing discrimination practices against low-income renters, particularly those receiving assistance, where landlords have been known to refuse to rent or discourage potential tenants solely based on their financial assistance status.
The bill outlines specific discriminatory practices that landlords are prohibited from engaging in during rental transactions. Notably, it bars landlords from refusing or discouraging rental applications from persons relying on housing assistance and includes rigorous definitions aimed at clarifying what constitutes a rental transaction or discriminatory behavior. SB2399 also ensures that landlords maintain the right to assess tenants' creditworthiness and income stability without infringing on their right to discriminate based on source of income.
Furthermore, the legislation emphasizes the need for equitable housing opportunities for residents in Hawaii. Evidence suggests that places with laws against such discrimination have seen a 12% increase in housing availability for renters utilizing assistance vouchers, aligning with national trends observed in various states and municipalities already enacting similar laws. Given Hawaii's unique socioeconomic landscape and the high prevalence of rent-related financial struggles exacerbated by the pandemic, SB2399 seeks to forge a path towards more inclusive housing policies.
Finally, the bill establishes legal remedies for individuals adversely affected by unlawful discriminatory practices. Individuals claiming grievances are afforded the ability to file civil actions within a year of discrimination incidents. The courts can provide injunctive relief, damages up to $5,000, and reasonable attorney's fees, thereby empowering tenants to seek justice and fostering a more fair and equitable renting environment across Hawaii.