ยง515-6 - Restrictive covenants and conditions.
ยง515-6ย Restrictive covenants and
conditions.ย (a)ย Every provision in an oral agreement or a written
instrument relating to real property that purports to forbid or restrict the
conveyance, encumbrance, occupancy, or lease thereof to individuals 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, is void.
(b)ย Every condition, restriction, or
prohibition, including a right of entry or possibility of reverter, that
directly or indirectly limits the use or occupancy of real property on the
basis of race, sex, including gender identity or expression, sexual
orientation, color, religion, marital status, familial status, ancestry,
disability, age, or human immunodeficiency virus infection is void, except a
limitation, on the basis of religion, on the use of real property held by a
religious institution or organization or by a religious or charitable
organization operated, supervised, or controlled by a religious institution or
organization, and used for religious or charitable purposes.
(c)ย It is a discriminatory practice to insert
in a written instrument relating to real property a provision that is void
under this section or to honor or attempt to honor such a provision in the
chain of title. [L 1967, c 193, ยง6; HRS ยง515-6; am L 1971, c 124, ยง3; am L
1976, c 159, ยง6; am L 1989, c 391, ยง4; am L 1990, c 275, ยง6; am L 1992, c 33,
ยง5 and c 171, ยง6; am L 2005, c 214, ยง6]