State and local officials are reminding landlords and tenants that Act 310, enacted last year to prevent discrimination against renters who receive vouchers or other housing, is now effective.

What You Need To Know

  • As of May 1, it is illegal to discriminate against prospective or current tenants based on participation in a Permanent Supportive Housing or Section 8 Housing Choice Voucher program.

  • Violators are subject to an initial fine up to $2,000, with subsequent violations each resulting in a $2,500 fine

  • The law is intended to reduce so-called "source-of-income discrimination" against people who receive rental assistance

  • It provides Section 8 participants with the same protections afforded to other classes under state and federal Fair Housing laws

As of May 1, it is illegal to discriminate against prospective or current tenants based on participation in a Permanent Supportive Housing or Section 8 Housing Choice Voucher program. The law applies primarily to landlords who own more than four rental properties (with some exemptions allowed) and includes advertisements for available real property.

"When voucher holders are denied an opportunity to rent, it is a barrier to securing housing assistance," said Michael Yee, existing housing division manager for the Hawaii County Office of Housing and Community Development. "This law is a needed step in the right direction and will help provide individuals and families greater access to affordable housing."

The law is intended to reduce so-called "source-of-income discrimination" against people who receive rental assistance. It provides Section 8 participants with the same protections afforded to other classes under state and federal Fair Housing laws.

"This law is important because it prohibits landlords from turning away prospective tenants because they rely on housing subsidies," said Nicholas Severson, housing managing attorney for the Legal Aid Society of Hawaii. "Ideally, it should make it easier for low-income individuals to secure housing. It also provides an enforcement mechanism that punishes landlords for advertising that they do not rent to folks with housing subsidies, hopefully curtailing that very common practice."

Under Act 310, it is now unlawful to advertise a rental property as not accepting vouchers; refuse to engage in a rental transaction with someone based on their participation in a housing assistance program; or require rental conditions that are different from those required for a person not participating in a housing assistance program.

Violators are subject to an initial fine up to $2,000, with subsequent violations each resulting in a $2,500 fine.

Michael Tsai covers local and state politics for Spectrum News Hawaii.