§515-3  Discriminatory practices.  It is
a discriminatory practice for an owner or any other person engaging in a real
estate transaction, or for a real estate broker or salesperson, because of
race, sex, including gender identity or expression, sexual orientation, color,
religion, marital status, familial status, ancestry, disability, age, or human
immunodeficiency virus infection:



(1)  To refuse to engage in a real estate transaction
with a person;



(2)  To discriminate against a person in the terms,
conditions, or privileges of a real estate transaction or in the furnishing of
facilities or services in connection therewith;



(3)  To refuse to receive or to fail to transmit a
bona fide offer to engage in a real estate transaction from a person;



(4)  To refuse to negotiate for a real estate
transaction with a person;



(5)  To represent to a person that real property is
not available for inspection, sale, rental, or lease when in fact it is
available, or to fail to bring a property listing to the person's attention, or
to refuse to permit the person to inspect real property, or to steer a person
seeking to engage in a real estate transaction;



(6)  To print, circulate, post, or mail, or cause to
be published a statement, advertisement, or sign, or to use a form of
application for a real estate transaction, or to make a record or inquiry in
connection with a prospective real estate transaction, that indicates, directly
or indirectly, an intent to make a limitation, specification, or discrimination
with respect thereto;



(7)  To offer, solicit, accept, use, or retain a
listing of real property with the understanding that a person may be
discriminated against in a real estate transaction or in the furnishing of
facilities or services in connection therewith;



(8)  To refuse to engage in a real estate transaction
with a person or to deny equal opportunity to use and enjoy a housing
accommodation due to a disability because the person uses the services of a
guide dog, signal dog, or service animal; provided that reasonable restrictions
or prohibitions may be imposed regarding excessive noise or other problems
caused by those animals.  For the purposes of this paragraph:



"Blind" shall be as defined in
section 235-1;



"Deaf" shall be as defined in
section 235-1;



"Guide dog" means any dog
individually trained by a licensed guide dog trainer for guiding a blind person
by means of a harness attached to the dog and a rigid handle grasped by the
person;



"Reasonable restriction" shall not
include any restriction that allows any owner or person to refuse to negotiate
or refuse to engage in a real estate transaction; provided that as used in this
paragraph, the "reasonableness" of a restriction shall be examined by
giving due consideration to the needs of a reasonable prudent person in the
same or similar circumstances.  Depending on the circumstances, a
"reasonable restriction" may require the owner of the service animal,
guide dog, or signal dog to comply with one or more of the following:



(A)  Observe applicable laws including leash
laws and pick-up laws;



(B)  Assume responsibility for damage caused by
the dog; or



(C)  Have the housing unit cleaned upon
vacating by fumigation, deodorizing, professional carpet cleaning, or other
method appropriate under the circumstances.



The foregoing list is illustrative only, and
neither exhaustive nor mandatory;



"Service animal" means any animal
that is trained to provide those life activities limited by the disability of
the person;



"Signal dog" means any dog that is
trained to alert a deaf person to intruders or sounds;



(9)  To solicit or require as a condition of engaging
in a real estate transaction that the buyer, renter, or lessee be tested for
human immunodeficiency virus infection, the causative agent of acquired immunodeficiency
syndrome;



(10)  To refuse to permit, at the expense of a person
with a disability, reasonable modifications to existing premises occupied or to
be occupied by the person if modifications may be necessary to afford the
person full enjoyment of the premises.  A real estate broker or salesperson,
where it is reasonable to do so, may condition permission for a modification on
the person agreeing to restore the interior of the premises to the condition
that existed before the modification, reasonable wear and tear excepted;



(11)  To refuse to make reasonable accommodations in
rules, policies, practices, or services, when the accommodations may be
necessary to afford a person with a disability equal opportunity to use and
enjoy a housing accommodation;



(12)  In connection with the design and construction of
covered multifamily housing accommodations for first occupancy after March 13,
1991, to fail to design and construct housing accommodations in such a manner
that:



(A)  The housing accommodations have at least
one accessible entrance, unless it is impractical to do so because of the
terrain or unusual characteristics of the site; and



(B)  With respect to housing accommodations
with an accessible building entrance:



(i)  The public use and common use portions of
the housing accommodations are accessible to and usable by disabled persons;



(ii)  Doors allow passage by persons in
wheelchairs; and



(iii)  All premises within covered multifamily
housing accommodations contain an accessible route into and through the housing
accommodations; light switches, electrical outlets, thermostats, and other
environmental controls are in accessible locations; reinforcements in the
bathroom walls allow installation of grab bars; and kitchens and bathrooms are
accessible by wheelchair; or



(13)  To discriminate against or deny a person access
to, or membership or participation in any multiple listing service, real estate
broker's organization, or other service, organization, or facility involved
either directly or indirectly in real estate transactions, or to discriminate
against any person in the terms or conditions of such access, membership, or
participation. [L 1967, c 193, §3; HRS §515-3; am L 1971, c 124, §1; am L 1975,
c 109, §5; am L 1976, c 159, §4; am L 1984, c 105, §2; gen ch 1985; am L 1987,
c 365, §1 and c 370, §1; am L 1989, c 391, §2; am L 1990, c 67, §8 and c 275,
§3; am L 1991, c 178, §2; am L 1992, c 33, §4 and c 171, §3; am L 1993, c 140,
§2; am L 1997, c 311, §1; am L 2005, c 214, §3]