Bill Text: HI SB206 | 2022 | Regular Session | Amended
Bill Title: Relating To Rental Discrimination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2022-05-06 - Enrolled to Governor. [SB206 Detail]
Download: Hawaii-2022-SB206-Amended.html
THE SENATE |
S.B. NO. |
206 |
THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO RENTAL DISCRIMINATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that
the federal housing choice voucher program, also known as section 8 of the United
States Housing Act of 1937, as amended, provides federally-funded, tenant-based
vouchers to low-income households who are responsible for finding appropriate
rental units in the private market. Once
a household receives a section 8 voucher, the challenge is finding a landlord who
is willing to accept the voucher. The
legislature believes that renters who participate in housing assistance
programs, such as section 8, should have an equal opportunity to find housing
and should not be discriminated against because their source of income includes
funds from housing assistance programs.
Studies
have shown that when there are laws that prevent discrimination against renters
with housing assistance vouchers, these renters are twelve per cent more likely
to find housing. The American Bar
Association adopted a resolution in 2017 that called for the enactment of laws
that ban housing discrimination based on lawful sources of income. The legislature notes that source of income
discrimination laws do not alter or restrict standard industry practices to vet
prospective renters. Rather, these laws
prohibit landlords from rejecting prospective renters who receive section 8 vouchers
or other housing assistance simply because of the voucher or assistance.
The
purpose of this Act is to prohibit discrimination, including in advertisements for
rental property, in rental transactions based on participation in a section 8 housing
choice voucher program or any permanent supportive housing program or
requirements related to participation in these housing assistance programs.
SECTION 2. 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.
§ -3 Exemptions. Section
-2 shall not apply to:
(1) Landlords who are determining in a commercially reasonable manner the ability of a potential tenant to pay rent by:
(A) Verifying the source and amount of income of the potential tenant; or
(B) Evaluating the stability, security, and creditworthiness of the potential tenant or any source of income of the potential tenant;
(2) Landlords with ownership of no more than six dwelling units in the State at the time of the alleged discriminatory rental transaction; provided that this paragraph shall not apply if an owner, whether individually or through a business entity, owns more than a ten per cent interest in more than six dwelling units in the State at the time of the alleged discriminatory rental transaction;
(3) Landlords in a case where a source of income is not approved within twenty-one days of a person's submission of a good faith request for tenancy approval, which shall include the inspection of a unit;
(4) The rental of any housing accommodation in a building that contains housing accommodations for no more than two families living independently of each other if the owner or lessor resides in one of the housing accommodations;
(5) The rental of a room or up to four rooms in a housing accommodation by an owner or lessor if the owner or lessor resides in the housing accommodation; and
(6) The rental of an affordable housing project subsidized by public funds or lands.
§ -4 Remedies. (a) A landlord that violates any provisions of
this chapter may be subject to a civil penalty in an amount not to exceed $2,000
if determined by the court to have violated this chapter for the first time within
one year of the occurrence of the alleged violation.
(b)
The court may impose a $2,500 penalty
against a landlord for any subsequent violation of this chapter by the
landlord.
(c)
The court may also order any injunctive
or other equitable relief as it deems proper.
(d)
No landlord shall be fined more than
once for the same violation under this section.
(e)
No party shall be awarded attorney's fees
or costs in any action under this section.
(f)
All fines collected under this section shall
be deposited into general fund."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. This Act shall take effect on July 1, 2050.
Report Title:
Rental Discrimination; Source of Income; 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. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.