REPORT TITLE:
Anti-Discrimination in Housing

DESCRIPTION:
Adds sexual orientation as a protected status for laws
prohibiting discrimination in housing; adds familial status as a
protected status in anti-blockbusting law. 

 
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THE SENATE                              S.B. NO.           2430
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   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 bill is to make our civil
 
 2 rights laws uniform by prohibiting discriminatory practices in
 
 3 real property transactions (housing) on the basis of sexual
 
 4 orientation.  Presently, discrimination because of sexual
 
 5 orientation is only prohibited in employment. Just as a person
 
 6 should not be denied a job because of the person's sexual
 
 7 orientation (heterosexual, homosexual, or bisexual), a person
 
 8 should not be denied a home because of the person's sexual
 
 9 orientation.
 
10      SECTION 2.  Section 515-2, 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 515-3, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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 1      "515-3  Discriminatory practices.  It is a discriminatory
 
 2 practice for an owner or any other person engaging in a real
 
 3 estate transaction, or for a real estate broker or salesperson,
 
 4 because of race, sex, sexual orientation, color, religion,
 
 5 marital status, familial status, ancestry, disability, age, or
 
 6 HIV (human immunodeficiency virus) infection:
 
 7      (1)  To refuse to engage in a real estate transaction with a
 
 8           person;
 
 9      (2)  To discriminate against a person in the terms,
 
10           conditions, or privileges of a real estate transaction
 
11           or in the furnishing of facilities or services in
 
12           connection therewith;
 
13      (3)  To refuse to receive or to fail to transmit a bona fide
 
14           offer to engage in a real estate transaction from a
 
15           person;
 
16      (4)  To refuse to negotiate for a real estate transaction
 
17           with a person;
 
18      (5)  To represent to a person that real property is not
 
19           available for inspection, sale, rental, or lease when
 
20           in fact it is so available, or to fail to bring a
 
21           property listing to the person's attention, or to
 
22           refuse to permit the person to inspect real property,
 
23           or to steer a person seeking to engage in a real estate
 
24           transaction;
 

 
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 1      (6)  To print, circulate, post, or mail, or cause to be so
 
 2           published a statement, advertisement, or sign, or to
 
 3           use a form of application for a real estate
 
 4           transaction, or to make a record or inquiry in
 
 5           connection with a prospective real estate transaction,
 
 6           which indicates, directly or indirectly, an intent to
 
 7           make a limitation, specification, or discrimination
 
 8           with respect thereto;
 
 9      (7)  To offer, solicit, accept, use, or retain a listing of
 
10           real property with the understanding that a person may
 
11           be discriminated against in a real estate transaction
 
12           or in the furnishing of facilities or services in
 
13           connection therewith;
 
14      (8)  To refuse to engage in a real estate transaction with a
 
15           person or to deny equal opportunity to use and enjoy a
 
16           housing accommodation due to a disability because the
 
17           person uses the services of a guide dog, signal dog, or
 
18           service animal; provided that reasonable restrictions
 
19           or prohibitions may be imposed regarding excessive
 
20           noise or other problems caused by those animals.  For
 
21           the purposes of this paragraph:
 
22                "Blind" shall be as defined in section 235-1;
 
23                "Deaf" shall be as defined in section 235-1;
 

 
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 1                "Guide dog" means any dog individually trained
 
 2           by a licensed guide dog trainer for guiding a blind
 
 3           person by means of a harness attached to the dog and a
 
 4           rigid handle grasped by the person;
 
 5                "Reasonable restriction" shall not include any
 
 6           restriction that allows any owner or person to refuse
 
 7           to negotiate or refuse to engage in a real estate
 
 8           transaction; provided that as used in this paragraph,
 
 9           the "reasonableness" of a restriction shall be examined
 
10           by giving due consideration to the needs of a
 
11           reasonable prudent person in the same or similar
 
12           circumstances.  Depending on the circumstances, a
 
13           "reasonable restriction" may require the owner of the
 
14           service animal, guide dog, or signal dog to comply with
 
15           one or more of the following:
 
16           (A)  Observe applicable laws including leash laws and
 
17                pick-up laws;
 
18           (B)  Assume responsibility for damage caused by the
 
19                dog; or
 
20           (C)  Have the housing unit cleaned upon vacating by
 
21                fumigation, deodorizing, professional carpet
 
22                cleaning, or other method appropriate under the
 
23                circumstances.
 

 
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 1           The foregoing list is illustrative only, and neither
 
 2           exhaustive nor mandatory;
 
 3                "Service animal" means any animal that is trained
 
 4           to provide those life activities limited by the
 
 5           disability of the person;
 
 6                "Signal dog" means any dog that is trained to
 
 7            alert a deaf person to intruders or sounds;
 
 8      (9)  To solicit or require as a condition of engaging in a
 
 9           real estate transaction that the buyer, renter, or
 
10           lessee be tested for human immunodeficiency virus
 
11           infection (HIV), the causative agent of acquired
 
12           immunodeficiency syndrome (AIDS);
 
13     (10)  To refuse to permit, at the expense of a person with a
 
14           disability, reasonable modifications to existing
 
15           premises occupied or to be occupied by the person if
 
16           modifications may be necessary to afford the person
 
17           full enjoyment of the premises.  A real estate broker
 
18           or salesperson, where it is reasonable to do so, may
 
19           condition permission for a modification on the person
 
20           agreeing to restore the interior of the premises to the
 
21           condition that existed before the modification,
 
22           reasonable wear and tear excepted;
 

 
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 1     (11)  To refuse to make reasonable accommodations in rules,
 
 2           policies, practices, or services, when the
 
 3           accommodations may be necessary to afford a person with
 
 4           a disability equal opportunity to use and enjoy a
 
 5           housing accommodation;
 
 6     (12)  In connection with the design and construction of
 
 7           covered multifamily housing accommodations for first
 
 8           occupancy after March 13, 1991, to fail to design and
 
 9           construct housing accommodations in such a manner that:
 
10           (A)  The housing accommodations have at least one
 
11                accessible entrance, unless it is impractical to
 
12                do so because of the terrain or unusual
 
13                characteristics of the site; and
 
14           (B)  With respect to housing accommodations with an
 
15                accessible building entrance:
 
16                (i)  The public use and common use portions of the
 
17                     housing accommodations are accessible to and
 
18                     usable by disabled persons;
 
19               (ii)  Doors allow passage by persons in
 
20                     wheelchairs; and
 
21              (iii)  All premises within covered multifamily
 
22                     housing accommodations contain an accessible
 
23                     route into and through the housing
 
24                     accommodations; light switches, electrical
 

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

 
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                                     S.B. NO.           2430
                                                        
                                                        

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

 
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                                     S.B. NO.           2430
                                                        
                                                        

 
 1 religion, marital status, familial status, ancestry, disability,
 
 2 age, or HIV (human immunodeficiency virus) infection, is void.
 
 3      (b)  Every condition, restriction, or prohibition, including
 
 4 a right of entry or possibility of reverter, which directly or
 
 5 indirectly limits the use or occupancy of real property on the
 
 6 basis of race, sex, sexual orientation, color, religion, marital
 
 7 status, familial status, ancestry, disability, age, or HIV
 
 8 infection is void, except a limitation, on the basis of religion,
 
 9 on the use of real property held by a religious institution or
 
10 organization or by a religious or charitable organization
 
11 operated, supervised, or controlled by a religious institution or
 
12 organization, and used for religious or charitable purposes.
 
13      (c)  It is a discriminatory practice to insert in a written
 
14 instrument relating to real property a provision that is void
 
15 under this section or to honor or attempt to honor such a
 
16 provision in the chain of title."
 
17      SECTION 6.  Section 515-7, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "515-7  Blockbusting.  It is a discriminatory practice for
 
20 a person, representative of a person, or a real estate broker or
 
21 salesperson, for the purpose of inducing a real estate
 
22 transaction from which the person, representative, or real estate
 
23 broker or salesperson may benefit financially, because of race,
 

 
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                                     S.B. NO.           2430
                                                        
                                                        

 
 1 sex, sexual orientation, color, religion, marital status,
 
 2 familial status, ancestry, disability, age, or HIV infection:
 
 3      (1)  To represent that a change has occurred or will or may
 
 4           occur in the composition of the owners or occupants in
 
 5           the block, neighborhood, or area in which the real
 
 6           property is located[,]; or
 
 7      (2)  To represent that this change will or may result in the
 
 8           lowering of property values, an increase in criminal or
 
 9           antisocial behavior, or a decline in the quality of
 
10           schools in the block, neighborhood, or area in which
 
11           the real property is located."
 
12      SECTION 7.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 8.  This Act shall take effect upon its approval. 
 
15 
 
16                       INTRODUCED BY:  ___________________________
 
17 
 
18 
 
19                                       ___________________________
 
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