Hawaii Section 8, Records & Right to Counsel
Hawaii rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statewide protection found. The fair housing law's protected classes in real estate transactions are race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; HRS § 515-3
The rules in Hawaii
| Statewide ban on refusing Section 8 / source of income | No statewide protection found. The fair housing law's protected classes in real estate transactions are race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; and HIV infection. Source of income and voucher status are not listed. Neither § 515-2 nor § 515-3, nor ch. 521, mentions source of income or Section 8. Source: HRS § 515-3 |
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Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Hawaii vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Hawaii | No statewide protection found. The fair housing law's protected classes in real estate transactions are race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; and HIV infection. Source of income and voucher status are not listed. HRS § 515-3 | Not verified yet | Not verified yet |
| California | Yes. Statewide, owners may not discriminate in housing because of source of income, or advertise a preference based on it. Source of income means lawful, verifiable income paid to the tenant or a representative, or paid to the landlord for the tenant. It includes federal, state, and local public assistance and housing subsidies, including Section 8 vouchers. HUD-VASH vouchers are expressly included. When there is a government rent subsidy, the owner may not apply income standards to the full rent rather than the tenant's share. Since January 1, 2024 (SB 267), the owner also may not use credit history without offering the applicant the option to show ability to pay the tenant's share with alternative evidence (such as benefit records, pay records, or bank statements), and must reasonably consider that evidence. Cal. Gov. Code §§ 12955(a), (c), (o) (as amended by SB 267, Stats. 2023, ch. 776); 12927(i) | Masking is automatic and statutory. For the first 60 days after an unlawful detainer case is filed, the court file is open only to the parties and their attorneys, to anyone who gives the clerk the name of a plaintiff, the name of a defendant, and the unit address, to residents of the premises, and to anyone with a court order for good cause. After that, the record becomes public only if the landlord wins a judgment against all defendants: either within 60 days of filing, or after a trial held more than 60 days after filing. If the tenant wins, or the case is dismissed or settled without a landlord judgment, the record stays masked. Nonpayment cases filed between March 4, 2020 and September 30, 2021 stay masked. Post-foreclosure cases under CCP 1161a become public only after a trial judgment. The parties may also agree by stipulation that the court bar access to the record. There is no separate statutory expungement procedure. Cal. Civ. Proc. Code § 1161.2(a) (as amended by AB 2304, Stats. 2024, ch. 711) | No statewide right to counsel in eviction cases. The Sargent Shriver Civil Counsel Act funds Judicial Council grant programs in selected courts that appoint counsel for low-income parties in housing and other civil matters, subject to funding. Some cities have their own right-to-counsel ordinances. Cal. Gov. Code §§ 68650-68651 |
City rules that may add to state law
More Hawaii rental law
- Hawaii Security Deposit Law
- Hawaii Eviction Laws
- Hawaii Notice to Vacate Rules
- Landlord Entry Rules in Hawaii
- Hawaii Repairs & Tenant Remedies
- Hawaii Rent Increase & Late Fee Laws
- Breaking a Lease in Hawaii
- Squatters' Rights in Hawaii
- Hawaii Rental Fee Rules
- Hawaii Mold, Pests, Heat & AC Rules
- Hawaii Privacy, Guests & Animal Rules
- Hawaii Landlord Selling the House
- Hawaii Lockouts, Utility Shutoffs & Retaliation
- Hawaii Subletting, Lease Endings & Tenant Death
- All Hawaii landlord-tenant rules
- Free legal help in Hawaii
Compare section 8, records & right to counsel in all 50 states and DC →
Hawaii Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Hawaii?
No statewide protection found. The fair housing law's protected classes in real estate transactions are race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; and HIV infection. Source of income and voucher status are not listed. (HRS § 515-3)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.