HB 1646

HOUSE OF REPRESENTATIVES
H.B. NO.
1646
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
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 under federal law, landlords are not required to accept
housing choice vouchers as a form of payment for rent.� The practice of refusing to rent to voucher
holders is known as "source-of-income discrimination", and
disproportionately affects renters of color, renters with disabilities, elderly
renters, and women.� While the federal
Fair Housing Act protects these groups from discrimination based on their
identities, it does not protect them from discrimination based on their source
of income.�
���� The legislature further finds that chapter
368F, Hawaii Revised Statutes, establishes legal protections for individuals
suffering from discrimination in a rental transaction based on source of
income.� However, existing law prohibits
courts from awarding attorneys' fees in these cases, which disincentivizes
attorneys from taking source-of-income discrimination cases and reduces the
likelihood that parties will be able to secure legal representation.�
���� Accordingly, the purpose of this Act is to allow
the court to award attorneys' fees to a prevailing party in an action relating
to discriminatory practices in a rental transaction based on source of income.
���� SECTION 2.� Section 368F-4, Hawaii Revised Statutes, is
amended by amending subsection (e) to read as follows:
���� "(e)� [[No party shall be awarded attorney's]]
The court may award attorneys' fees or costs to the prevailing party
in any action under this section."
���� SECTION 3.�
Statutory material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION 4.�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Rental
Discrimination; Income; Attorneys' Fees
Description:
Allows the
court to award attorneys' fees to a prevailing party in an action relating to
discriminatory practices in a rental transaction based on source of income.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.