515-4 Exemptions. (a) Section 515-3 does not apply:

(1) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other if the owner or lessor resides in one of the housing accommodations; or

(2) To 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.

(b) Nothing in section 515-3 shall be deemed to prohibit refusal because of sex, including gender identity or expression, sexual orientation, or marital status, to rent or lease housing accommodations:

(1) Owned or operated by a religious institution and used for church purposes as that term is used in applying exemptions for real property taxes; or

(2) That are part of a religiously affiliated institution of higher education housing program that is operated on property that the institution owns or controls or that is operated for its students pursuant to Title IX of the Education Amendments of 1972, P.L. 92-318.

(c) Nothing in this chapter regarding familial status or age shall apply to housing for older persons as defined by title 42 United States Code section 3607(b)(2). [L 1967, c 193, 4; HRS 515-4; gen ch 1985; am L 1990, c 275, 4; am L 1992, c 171, 4; am L 1993, c 140, 1; am L 2005, c 214, 4; am L 2011, c 31, 3; am L 2019, c 111, 36]


Law Journals and Reviews


Airbnb in Paradise: Updating Hawai`i's Legal Approach Towards Racial Discrimination in the Sharing Economy. 39 UH L. Rev. 435 (2017).



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