Hawaii tenant screening laws

You may charge an application screening fee to cover the cost of checking an applicant, such as reference checks, tenant reports, criminal background checks and credit reports. Charge it only for applicants who are 18 or older or emancipated minors. Chapter 521 sets no dollar limit on the fee (HRS § 521-46(a)).

• If the applicant asks, give a receipt for the fee and a breakdown of the costs it covers (HRS § 521-46(b)).
• Return any part of the fee not used for screening within 30 days after you submit the screening requests (HRS § 521-46(c)).
• For covered rental transactions, do not advertise that housing-assistance participants are excluded, discourage their applications, refuse a transaction because of participation or program requirements, or impose different rental conditions. Chapter 368F defines the covered assistance as Section 8 housing choice vouchers or permanent supportive housing (HRS 368F-1 and 368F-2).
• Check the statutory exceptions for reasonable ability-to-pay verification, specified small owners, approval delays, owner-occupied homes and publicly subsidized affordable projects. The small-owner exception generally covers no more than four statewide units, but not an owner holding more than a 10% interest in more than four. The approval-delay exception concerns a good-faith tenancy request, including inspection, not approved within 21 days. Confirm the exact property and program facts (HRS 368F-3).
• Preserve rental records for one year from the later of the record date or the related practice or action when the building has at least four housing accommodations or the owner has at least three. Covered records include applications and applicant-supplied information, advertising, agreements, eviction records and records affecting tenancy terms (HAR 12-46-304(a)).
• When a chapter 368 or 515 complaint or civil action is pending, keep all relevant records until final disposition under the rule. Required records that are destroyed or unavailable can support an adverse-evidence presumption (HAR 12-46-304(c), (d)).

Hawaii law makes it a discriminatory practice to refuse to rent, or to set different terms, because of race, sex (including gender identity or expression), sexual orientation, color, religion, marital status, familial status, ancestry, disability, age or HIV infection. It also bars falsely saying a unit is unavailable, steering, and refusing reasonable modifications for a person with a disability. It also requires reasonable accommodations for a person with a disability. The federal Fair Housing Act was not read for this page (HRS § 515-3(a); HRS § 515-4(a)).

• The rule does not apply to renting a unit in a building for two families where the owner lives in the other, or renting up to four rooms in a home where the owner lives (HRS § 515-4(a)).
• A pet deposit may not be charged for an assistance animal that is a reasonable accommodation for a tenant with a disability (HRS § 521-44(b)).
• You must make reasonable accommodations in rules, policies, practices or services for a person with a disability, including an assistance animal, subject to reasonable restrictions. If the disability or the need for the animal is not apparent you may ask for verification, such as a letter from the person's treating health care or mental health professional or social worker, but you may not ask for medical records or about the diagnosis or its severity, and an online vest, tag or registration is not valid verification (HRS § 515-3(a)(9)).