REPORT TITLE:
Civil Rights

DESCRIPTION:
Prohibits discriminatory practices in real property transactions
and public accommodations on the basis of sexual orientations.
(HB1163 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1163
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CIVIL RIGHTS. 



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to make our civil
 
 2 rights laws uniform by prohibiting discriminatory practices in
 
 3 real property transactions (housing) and public accommodations on
 
 4 the basis of sexual orientation.  Presently, discrimination
 
 5 because of sexual orientation is only prohibited in employment.
 
 6 Just as a person should not be denied a job because of the
 
 7 person's sexual orientation (heterosexual, homosexual, or
 
 8 bisexual), a person should not be denied a home or service at a
 
 9 restaurant or store because of the person's sexual orientation.
 
10      SECTION 2.  Section 489-2, Hawaii Revised Statutes, is
 
11 amended by adding a new definition to be appropriately inserted
 
12 and to read as follows:
 
13      ""Sexual orientation" means having a preference for
 
14 heterosexuality, homosexuality, or bisexuality, having a history
 
15 of any one or more of these preferences, or being identified with
 
16 any one or more of these preferences.  "Sexual orientation" shall
 
17 not be construed to protect conduct otherwise proscribed by law."
 
18      SECTION 3.  Section 489-3, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "489-3  Discriminatory practices prohibition.  Unfair
 
 2 discriminatory practices which deny, or attempt to deny, a person
 
 3 the full and equal enjoyment of the goods, services, facilities,
 
 4 privileges, advantages, and accommodations of a place of public
 
 5 accommodation on the basis of race, sex, sexual orientation,
 
 6 color, religion, ancestry, or disability are prohibited."
 
 7      SECTION 4.  Section 515-2, Hawaii Revised Statutes, is
 
 8 amended by adding a new definition to be appropriately inserted
 
 9 and to read as follows:
 
10      ""Sexual orientation" means having a preference for
 
11 heterosexuality, homosexuality, or bisexuality, having a history
 
12 of any one or more of these preferences, or being identified with
 
13 any one or more of these preferences.  "Sexual orientation" shall
 
14 not be construed to protect conduct otherwise proscribed by law."
 
15      SECTION 5.  Section 515-3, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "515-3  Discriminatory practices.  It is a discriminatory
 
18 practice for an owner or any other person engaging in a real
 
19 estate transaction, or for a real estate broker or salesperson,
 
20 because of race, sex, sexual orientation, color, religion,
 
21 marital status, familial status, ancestry, disability, age, or
 
22 HIV (human immunodeficiency virus) infection:
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (1)  To refuse to engage in a real estate transaction with a
 
 2           person;
 
 3      (2)  To discriminate against a person in the terms,
 
 4           conditions, or privileges of a real estate transaction
 
 5           or in the furnishing of facilities or services in
 
 6           connection therewith;
 
 7      (3)  To refuse to receive or to fail to transmit a bona fide
 
 8           offer to engage in a real estate transaction from a
 
 9           person;
 
10      (4)  To refuse to negotiate for a real estate transaction
 
11           with a person;
 
12      (5)  To represent to a person that real property is not
 
13           available for inspection, sale, rental, or lease when
 
14           in fact it is so available, or to fail to bring a
 
15           property listing to the person's attention, or to
 
16           refuse to permit the person to inspect real property,
 
17           or to steer a person seeking to engage in a real estate
 
18           transaction;
 
19      (6)  To print, circulate, post, or mail, or cause to be so
 
20           published a statement, advertisement, or sign, or to
 
21           use a form of application for a real estate
 
22           transaction, or to make a record or inquiry in
 
23           connection with a prospective real estate transaction,
 

 
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 1           which indicates, directly or indirectly, an intent to
 
 2           make a limitation, specification, or discrimination
 
 3           with respect thereto;
 
 4      (7)  To offer, solicit, accept, use, or retain a listing of
 
 5           real property with the understanding that a person may
 
 6           be discriminated against in a real estate transaction
 
 7           or in the furnishing of facilities or services in
 
 8           connection therewith;
 
 9      (8)  To refuse to engage in a real estate transaction with a
 
10           person or to deny equal opportunity to use and enjoy a
 
11           housing accommodation due to a disability because the
 
12           person uses the services of a guide dog, signal dog, or
 
13           service animal; provided that reasonable restrictions
 
14           or prohibitions may be imposed regarding excessive
 
15           noise or other problems caused by those animals.  For
 
16           the purposes of this paragraph:
 
17                "Blind" shall be as defined in section 235-1;
 
18                "Deaf" shall be as defined in section 235-1;
 
19                "Guide dog" means any dog individually trained
 
20           by a licensed guide dog trainer for guiding a blind
 
21           person by means of a harness attached to the dog and a
 
22           rigid handle grasped by the person;
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                "Reasonable restriction" shall not include any
 
 2           restriction that allows any owner or person to refuse
 
 3           to negotiate or refuse to engage in a real estate
 
 4           transaction; provided that as used in this paragraph,
 
 5           the "reasonableness" of a restriction shall be examined
 
 6           by giving due consideration to the needs of a
 
 7           reasonable prudent person in the same or similar
 
 8           circumstances.  Depending on the circumstances, a
 
 9           "reasonable restriction" may require the owner of the
 
10           service animal, guide dog, or signal dog to comply with
 
11           one or more of the following:
 
12           (A)  Observe applicable laws including leash laws and
 
13                pick-up laws;
 
14           (B)  Assume responsibility for damage caused by the
 
15                dog; or
 
16           (C)  Have the housing unit cleaned upon vacating by
 
17                fumigation, deodorizing, professional carpet
 
18                cleaning, or other method appropriate under the
 
19                circumstances.
 
20           The foregoing list is illustrative only, and neither
 
21           exhaustive nor mandatory;
 
22                "Service animal" means any animal that is trained
 
23           to provide those life activities limited by the
 
24           disability of the person;
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                "Signal dog" means any dog that is trained to
 
 2            alert a deaf person to intruders or sounds;
 
 3      (9)  To solicit or require as a condition of engaging in a
 
 4           real estate transaction that the buyer, renter, or
 
 5           lessee be tested for human immunodeficiency virus
 
 6           infection (HIV), the causative agent of acquired
 
 7           immunodeficiency syndrome (AIDS);
 
 8     (10)  To refuse to permit, at the expense of a person with a
 
 9           disability, reasonable modifications to existing
 
10           premises occupied or to be occupied by the person if
 
11           modifications may be necessary to afford the person
 
12           full enjoyment of the premises.  A real estate broker
 
13           or salesperson, where it is reasonable to do so, may
 
14           condition permission for a modification on the person
 
15           agreeing to restore the interior of the premises to the
 
16           condition that existed before the modification,
 
17           reasonable wear and tear excepted;
 
18     (11)  To refuse to make reasonable accommodations in rules,
 
19           policies, practices, or services, when the
 
20           accommodations may be necessary to afford a person with
 
21           a disability equal opportunity to use and enjoy a
 
22           housing accommodation;
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1     (12)  In connection with the design and construction of
 
 2           covered multifamily housing accommodations for first
 
 3           occupancy after March 13, 1991, to fail to design and
 
 4           construct housing accommodations in such a manner that:
 
 5           (A)  The housing accommodations have at least one
 
 6                accessible entrance, unless it is impractical to
 
 7                do so because of the terrain or unusual
 
 8                characteristics of the site; and
 
 9           (B)  With respect to housing accommodations with an
 
10                accessible building entrance:
 
11                (i)  The public use and common use portions of the
 
12                     housing accommodations are accessible to and
 
13                     usable by disabled persons;
 
14               (ii)  Doors allow passage by persons in
 
15                     wheelchairs; and
 
16              (iii)  All premises within covered multifamily
 
17                     housing accommodations contain an accessible
 
18                     route into and through the housing
 
19                     accommodations; light switches, electrical
 
20                     outlets, thermostats, and other environmental
 
21                     controls are in accessible locations;
 
22                     reinforcements in the bathroom walls allow
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                     installation of grab bars; and kitchens and
 
 2                     bathrooms are accessible by wheelchair; or
 
 3     (13)  To discriminate against or deny a person access to, or
 
 4           membership or participation in any multiple listing
 
 5           service, real estate broker's organization, or other
 
 6           service, organization, or facility involved either
 
 7           directly or indirectly in real estate transactions, or
 
 8           to discriminate against any person in the terms or
 
 9           conditions of such access, membership, or
 
10           participation."
 
11      SECTION 6.  Section 515-5, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "515-5  Discriminatory financial practices.  It is a
 
14 discriminatory practice for a person, a representative of such
 
15 person, or a real estate broker or salesperson, to whom an
 
16 inquiry or application is made for financial assistance in
 
17 connection with a real estate transaction or for the
 
18 construction, rehabilitation, repair, maintenance, or improvement
 
19 of real property, because of race, sex, sexual orientation,
 
20 color, religion, marital status, familial status, ancestry,
 
21 disability, age, or HIV (human immunodeficiency virus) infection:
 
22      (1)  To discriminate against the applicant;
 

 
 
 
Page 9                                                     1163
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  To use a form of application for financial assistance
 
 2           or to make or keep a record or inquiry in connection
 
 3           with applications for financial assistance which
 
 4           indicates, directly or indirectly, an intent to make a
 
 5           limitation, specification, or discrimination unless
 
 6           such records are required by federal law;
 
 7      (3)  To discriminate in the making or purchasing of loans or
 
 8           the provision of other financial assistance for
 
 9           purchasing, constructing, improving, repairing, or
 
10           maintaining a dwelling, or the making or purchasing of
 
11           loans or the provision of other financial assistance
 
12           secured by residential real estate; or
 
13      (4)  To discriminate in the selling, brokering, or
 
14           appraising of residential real property."
 
15      SECTION 7.  Section 515-6, Hawaii Revised Statutes, is
 
16 amended by amending subsections (a) and (b) to read as follows:
 
17      "(a)  Every provision in an oral agreement or a written
 
18 instrument relating to real property which purports to forbid or
 
19 restrict the conveyance, encumbrance, occupancy, or lease thereof
 
20 to individuals because of race, sex, sexual orientation, color,
 
21 religion, marital status, familial status, ancestry, disability,
 
22 age, or HIV (human immunodeficiency virus) infection, is void.
 

 
 
 
Page 10                                                    1163
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (b)  Every condition, restriction, or prohibition, including
 
 2 a right of entry or possibility of reverter, which directly or
 
 3 indirectly limits the use or occupancy of real property on the
 
 4 basis of race, sex, sexual orientation, color, religion, marital
 
 5 status, familial status, ancestry, disability, age, or HIV
 
 6 infection is void, except limitation, on the basis of religion,
 
 7 on the use of real property held by a religious institution or
 
 8 organization or by a religious or charitable organization
 
 9 operated, supervised, or controlled by a religious institution or
 
10 organization, and used for religious or charitable purposes."
 
11      SECTION 8.  Section 515-7, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "515-7  Blockbusting.  It is a discriminatory practice for
 
14 a person, representative of a person, real estate broker or
 
15 salesperson, for the purpose of inducing a real estate
 
16 transaction from which the person, representative, real estate
 
17 broker or salesperson may benefit financially, because of race,
 
18 sex, sexual orientation, color, religion, marital status,
 
19 familial status, ancestry, disability, age, or HIV infection:
 
20      (1)  To represent that a change has occurred or will or may
 
21           occur in the composition of the owners or occupants in
 
22           the block, neighborhood, or area in which the real
 
23           property is located[,]; or
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  To represent that this change will or may result in the
 
 2           lowering of property values, an increase in criminal or
 
 3           antisocial behavior, or a decline in the quality of
 
 4           schools in the block, neighborhood, or area in which
 
 5           the real property is located."
 
 6      SECTION 9.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 10.  This Act shall take effect upon its approval.