West's Hawai‘i Revised Statutes Annotated.
Division 5. Crimes and Criminal Proceedings. Title 37. Hawaii Penal Code. Chapter 711. Offenses Against Public Order.
§ 711-1109.4 . Causing injury or death to a service animal or law enforcement animal
§ 711-1109.5 . Intentional interference with the use of a service animal or law enforcement animal
Division 1. Government. Title 11. Agriculture and Animals. Chapter 143. Animals: Licenses and Regulations
§ 143-4 . Issuance of license and tags
Division 1. Government. Title 20. Social Services. Chapter 347. Blind and Visually Handicapped Persons.
[§ 347-2.5] . Service animal, defined
[§ 347-2.6]. Misrepresentation of a service animal; civil penalty
§ 347-13 . Persons who are blind, visually handicapped, disabled; public places; public conveyances
§ 347-13.5 . Suits by individuals; jurisdiction; venue
§ 347-14 . Penalty
§ 347-15 . Fares for blind person and guide
§ 347-16 . Canes, use in public places
§ 347-17 . Driver of vehicle, caution
§ 347-18 . Penalty
§ 347-19 . Rights of blind; partially blind
§ 347-20 . Legislative findings
Division 2. Business. Title 26. Trade Regulation and Practice. Chapter 489. Discrimination in Public Accommodations. Part I. General Provisions
[§ 489-1]. Purpose; construction
§ 489-2. Definitions
§ 489-3. Discriminatory practices prohibition
[§ 489-4]. Exception, privacy requirements
§ 489-5. Other discriminatory practices
§ 489-6. Complaint against unfair discrimination; reporting requirements
[§ 489-7]. No limitation on causes of action
§ 489-7.5. Suits by persons injured; amount of recovery, injunctions
§ 489-8. Civil penalty
§ 489-9. Motion picture theater accommodation
Division 1. Government. Title 11. Agriculture and Animals. Chapter 142. Animals, Brands, and Fences. Part I. Animal Diseases and Quarantine
§ 142-5.5. Service animals
Division 3. Property; Family. Title 28. Property. Chapter 515. Discrimination in Real Property Transactions.
§ 515-3. Discriminatory practices
Division 1. Government. Title 15. Transportation and Utilities. [Chapter 279J]. Transportation Network Companies
[§ 279J-10]. Non-discrimination; accessibility
West's Hawai‘i Revised Statutes Annotated. Division 5. Crimes and Criminal Proceedings. Title 37. Hawaii Penal Code. Chapter 711. Offenses Against Public Order.
§ 711-1109.4. Causing injury or death to a service animal or law enforcement animal
(1) A person commits the offense of causing injury or death to a service animal or law enforcement animal if:
(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties; or
(b) The person is the owner of a dog and recklessly permits that dog to attack a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.
(2) Subsection (1) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or
(c) Cropping or docking as customarily practiced and permitted by law.
(3) Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony.
(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed.
(5) As used in this section “service animal” shall have the same meaning as in section 347-2.5.
Credits
Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 9, eff. July 1, 2011; Laws 2013, ch. 205, § 2, eff. June 26, 2013; Laws 2018, ch. 217, § 9, eff. Jan. 1, 2019.
§ 711-1109.5. Intentional interference with the use of a service animal or law enforcement animal
(1) A person commits the offense of intentional interference with the use of a service animal or law enforcement animal if the person, with no legal justification, intentionally or knowingly strikes, beats, kicks, cuts, stabs, shoots, or administers any type of harmful substance or poison to a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties.
(2) Subsection (1) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards or accepted educational or medicinal practices; or
(c) Cropping or docking as customarily practiced and permitted by law.
(3) Intentional interference with the use of a service animal or law enforcement animal is a misdemeanor.
(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal, if it is disabled or killed.
(5) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
(6) As used in this section, “service animal” shall have the same meaning as in section 347-2.5.
Credits
Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 10, eff. July 1, 2011; Laws 2013, ch. 205, § 3, eff. June 26, 2013; Laws 2018, ch. 217, § 10, eff. Jan. 1, 2019.
Division 1. Government. Title 11. Agriculture and Animals. Chapter 143. Animals: Licenses and Regulations
§ 143-4. Issuance of license and tags
Upon the receipt of the license fee, the director of finance shall issue to the person paying the fee a license stating the following:
(1) The name and address of the person to whom the license is issued;
(2) The year for which the license is paid;
(3) The date of payment;
(4) A description of the dog for which the license is issued; and
(5) The number of the metal tag issued for the dog.
The director of finance shall at the same time issue and deliver to the person a metal tag in the form and design as the director of finance may designate with a serial number and the year for which it is issued plainly inscribed thereon. The tag shall be attached to a collar around the neck of the dog for which the license has been issued. The fee for the tag shall be set by each county council; provided that, until and unless provided by ordinance, the fee shall be 10 cents.
CREDIT(S)
Laws 1941, ch. 268, § 4; R.L. 1945, § 7154; R.L. 1955, § 156-4; H.R.S. § 143-4; Laws 1983, ch. 227, § 3; Laws 1984, ch. 90, § 1; Laws 1991, ch. 178, § 4; Laws 2011, ch. 175, § 4, eff. July 1, 2011.
Division 1. Government. Title 20. Social Services. Chapter 347. Blind and Visually Handicapped Persons.
[§ 347-2.5]. Service animal, defined
As used in this chapter, “service animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must relate directly to the individual's disability. Neither the potential crime deterrent effects of an animal's presence nor the provision of emotional support, comfort, or companionship by an animal constitutes work or tasks for the purposes of this definition.
Credits
Laws 2011, ch. 175, § 2, eff. July 1, 2011; Laws 2018, ch. 217, § 4, eff. Jan. 1, 2019.
[§ 347-2.6]. Misrepresentation of a service animal; civil penalty
(a) It shall be unlawful for a person to knowingly misrepresent as a service animal any animal that does not meet the requirements of a service animal as defined in section 347-2.5.
(b) Upon a finding of clear and convincing evidence, a person who violates subsection (a) shall be fined not less than $100 and not more than $250 for the first violation, and not less than $500 for a second violation and each violation thereafter.
(c) Nothing in this section shall preclude any other civil remedies available to a person, entity, or other organization arising from misrepresentation by another person of a service animal.
Credits
Laws 2018, ch. 217, § 2, eff. Jan. 1, 2019.
§ 347-13. Persons who are blind, visually handicapped, disabled; public places; public conveyances
(a) Persons who are blind, visually handicapped, or otherwise disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable to all persons.
(b) Every person who is blind, deaf, visually handicapped, or otherwise disabled shall have the right to be accompanied by a service animal, especially trained for the purpose of assisting the person in any of the places listed in subsection (a) without being required to pay an extra charge for the service animal; provided that the person shall be liable for any damage done to the premises or facilities by the service animal. No service animal shall be considered dangerous merely because it is unmuzzled.
(c) Every disabled person shall have the right to use a life jacket or other flotation device in a public swimming pool; provided that:
(1) The person suffers from a physical disability or condition that requires the use of a life jacket or other flotation device; and
(2) The person obtains a statement signed by a licensed physician, physician assistant, or advanced practice registered nurse attesting to the person's need to use a life jacket or other flotation device.
(d) The director of human services shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.
Credits
Laws 1945, ch. 265, § 1; R.L. 1955, § 109-20; H.R.S. § 347-13; Laws 1972, ch. 75, § 2; Laws 1984, ch. 90, § 1; Laws 1987, ch. 339, § 4; Laws 1987, ch. 363, § 1; Laws 1988, ch. 206, § 2; Laws 1991, ch. 178, § 1; Laws 2009, ch. 151, § 17, eff. June 25, 2009; Laws 2011, ch. 175, § 6, eff. July 1, 2011; Laws 2014, ch. 45, § 9, eff. April 23, 2014; Laws 2018, ch. 217, § 5, eff. Jan. 1, 2019.
§ 347-13.5. Suits by individuals; jurisdiction; venue
Any person injured by a violation of section 347-13 may bring a civil action to recover three times the person's actual damages or $1,000, whichever sum is greater, for each violation. Any person bringing such an action shall also be entitled to recover the person's costs together with reasonable attorneys' fees. An action under this section shall be brought in the circuit court of the district in which the violation is alleged to have occurred.
Laws 1988, ch. 206, § 1.
Any person, business, or agency who violates section 347-13 and any common or public carrier which, and any officer or employee of any common carrier who violates, or causes such carrier to violate, section 347-13 shall be fined not more than $1,000.
Laws 1945, ch. 265, § 2; R.L. 1955, § 109-21; H.R.S. § 347-14; Laws 1987, ch. 363, § 2; Laws 1988, ch. 206, § 3.
§ 347-15. Fares for blind person and guide
It shall be lawful under the law of the State for any carrier, whether public or private, whether a public utility or not a public utility, to carry on any conveyance operated by the carrier any blind person and the blind person's guide and not to charge them passenger fares. This section shall not be construed to affect the contractual rights of any person or to place any obligation or restriction on any carrier.
Laws 1947, ch. 109, § 1; R.L. 1955, § 109-22; Laws 1967, ch. 153, § 1; H.R.S. § 347-15; Laws 1984, ch. 90, § 1.
§ 347-16. Canes, use in public places
No person, unless blind or visually handicapped and authorized by the department of human services so to do, shall carry or use on any street or highway, or in any other public place, an exposed cane or walking stick which is painted white in color or painted white tipped with red.
Laws 1947, ch. 35, § 1; R.L. 1955, § 109-23; Laws 1959, ch. 246, § 9; Laws 1959, 2nd Sp. Sess., ch. 1, § 20; H.R.S. § 347-16; Laws 1970, ch. 105, § 5; Laws 1987, ch. 339, § 4.
§ 347-17. Driver of vehicle, caution
Any driver of a vehicle shall, on approaching a person who is blind or visually handicapped, and is carrying or using an exposed cane or walking stick which is painted white in color or painted white tipped with red, or a person who is blind or visually handicapped and using a guide dog, take such reasonable precautions before proceeding as may be necessary to avoid an accident or injury to the blind or visually handicapped person.
Laws 1947, ch. 35, § 2; Laws 1955, ch. 92, § 1; R.L. 1955, § 109-24; Laws 1959, ch. 246, § 10; Laws 1963, ch. 193, § 36; H.R.S. § 347-17.
Any person who violates section 347-16 or 347-17 shall be fined not more than $100 or imprisoned not more than six months, or both.
Laws 1947, ch. 35, § 3; R.L. 1955, § 109-25; H.R.S. § 347-18.
§ 347-19. Rights of blind; partially blind
A blind or visually handicapped person not carrying a cane or using a service animal in any of the places, accommodations or conveyances listed in section 347-13, shall have all of the rights and privileges conferred by law upon other persons, and the failure of a blind or visually handicapped person to carry a cane or to use a service animal in any such places, accommodations, or conveyances shall not constitute nor be evidence of negligence.
Credits
Laws 1972, ch. 75, § 3; Laws 2011, ch. 175, § 7, eff. July 1, 2011; Laws 2018, ch. 217, § 6, eff. Jan. 1, 2019.
§ 347-20. Legislative findings
The legislature finds that it is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment. The legislature also finds that the blind, the visually handicapped, and the otherwise physically disabled have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places. The legislature declares that it is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall be employed in the state service, in the service of the political subdivisions of the State, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
Credits
Laws 1972, ch. 75, § 1.
Division 2. Business. Title 26. Trade Regulation and Practice. Chapter 489. Discrimination in Public Accommodations. Part I. General Provisions
[§ 489-1]. Purpose; construction
(a) The purpose of this chapter is to protect the interests, rights, and privileges of all persons within the State with regard to access and use of public accommodations by prohibiting unfair discrimination.
(b) This chapter shall be liberally construed to further the purposes stated in subsection (a).
Credits
Laws 1986, ch. 292, § 1.
As used in this chapter:
“Disability” means the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment. The term does not include alcohol or drug use that impairs a person's activities or threatens the property or safety of others.
“Gender identity or expression” includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.
“Person” has the meaning prescribed in section 1-19 and includes a legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency.
“Place of public accommodation” means a business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the general public as customers, clients, or visitors. By way of example, but not of limitation, place of public accommodation includes facilities of the following types:
(1) A facility providing services relating to travel or transportation;
(2) An inn, hotel, motel, or other establishment that provides lodging to transient guests;
(3) A restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises of a retail establishment;
(4) A shopping center or any establishment that sells goods or services at retail;
(5) An establishment licensed under chapter 281 doing business under a class 4, 5, 7, 8, 9, 10, 11, or 12 license, as defined in section 281-31;
(6) A motion picture theater, other theater, auditorium, convention center, lecture hall, concert hall, sports arena, stadium, or other place of exhibition or entertainment;
(7) A barber shop, beauty shop, bathhouse, swimming pool, gymnasium, reducing or massage salon, or other establishment conducted to serve the health, appearance, or physical condition of persons;
(8) A park, a campsite, or trailer facility, or other recreation facility;
(9) A comfort station; or a dispensary, clinic, hospital, convalescent home, or other institution for the infirm;
(10) A professional office of a health care provider, as defined in section 323D-2, or other similar service establishment;
(11) A mortuary or undertaking establishment; and
(12) An establishment that is physically located within the premises of an establishment otherwise covered by this definition, or within the premises of which is physically located a covered establishment, and which holds itself out as serving patrons of the covered establishment.
“Service animal” means the same as defined in section 347-2.5.
“Sexual orientation” means having a preference for heterosexuality, homosexuality, or bisexuality, having a history of any one or more of these preferences, or being identified with any one or more of these preferences. “Sexual orientation” shall not be construed to protect conduct otherwise proscribed by law.
Credits
Laws 1986, ch. 292, § 1; Laws 1990, ch. 210, § 1; Laws 1992, ch. 33, § 5; Laws 2006, ch. 76, § 2; Laws 2018, ch. 217, § 7, eff. Jan. 1, 2019.
§ 489-3. Discriminatory practices prohibition
Unfair discriminatory practices that deny, or attempt to deny, a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of race; sex, including gender identity or expression; sexual orientation; color; religion; ancestry; or disability, including the use of a service animal, are prohibited.
Credits
Laws 1986, ch. 292, § 1; Laws 1990, ch. 210, § 2; Laws 1992, ch. 33, § 5; Laws 2006, ch. 76, § 3; Laws 2018, ch. 217, § 8, eff. Jan. 1, 2019.
[§ 489-4]. Exception, privacy requirements
The provision of separate facilities or schedules for female and for male patrons, does not constitute a discriminatory practice when such separate facilities or schedules for female and for male patrons are bona fide requirements to protect personal rights of privacy.
Credits
Laws 1986, ch. 292, § 1.
§ 489-5. Other discriminatory practices
(a) It is a discriminatory practice for two or more persons to conspire:
(1) To retaliate or discriminate against a person because the person has opposed an unfair discriminatory practice;
(2) To aid, abet, incite, or coerce a person to engage in a discriminatory practice; or
(3) Wilfully, to obstruct, or prevent, a person from complying with this chapter.
(b) It is a discriminatory practice to deny a person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodations because of the known disability of an individual with whom the person is known to have a relationship or association.
Credits
Laws 1986, ch. 292, § 1; Laws 1994, ch. 88, § 3.
§ 489-6. Complaint against unfair discrimination; reporting requirements
The civil rights commission shall receive complaints of unfair discriminatory treatment in public accommodations in accordance with the procedures established under chapter 368; provided that this section shall not apply to complaints under part II of this chapter.
Credits
Laws 1986, ch. 292, § 1; Laws 1989, ch. 386, § 11; Laws 2000, ch. 227, § 4.
[§ 489-7]. No limitation on causes of action
Nothing in this chapter shall be construed to limit any cause of action based upon any unfair discriminatory practices for which a remedy is available under state or federal law.
Credits
Laws 1986, ch. 292, § 1.
§ 489-7.5. Suits by persons injured; amount of recovery, injunctions
(a) Any person who is injured by an unlawful discriminatory practice, other than an unlawful discriminatory practice under part II of this chapter, may:
(1) Sue for damages sustained, and, if the judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorneys' fees together with the costs of suit; and
(2) Bring proceedings to enjoin the unlawful discriminatory practices, and if the decree is for the plaintiff, the plaintiff shall be awarded reasonable attorneys' fees together with the cost of suit.
(b) The remedies provided in subsection (a) shall be applied in class action and de facto class action lawsuits or proceedings provided that:
(1) The minimum $1,000 recovery provided in subsection (a) shall not apply in a class action or a de facto class action lawsuit; and
(2) That portion of threefold damages in excess of compensatory damages shall be apportioned and allocated by the court in its exercise of discretion so as to promote effective enforcement of this part and deterrence from violation of its provisions.
(c) The remedies provided in this section are cumulative and may be brought in one action.
Credits
Laws 1989, ch. 386, § 2; Laws 2000, ch. 227, § 5; Laws 2001, ch. 55, § 23.
(a) It shall be unlawful for a person to discriminate unfairly in public accommodations.
(b) Any person, firm, company, association, or corporation who violates this part shall be fined a sum of not less than $500 nor more than $10,000 for each violation, which sum shall be collected in a civil action brought by the attorney general or the civil rights commission on behalf of the State. The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State. Each day of violation under this part shall be a separate violation.
(c) This section shall not apply to violations of part II of this chapter.
Credits
Laws 1987, ch. 294, § 1; Laws 1989, ch. 386, § 12; Laws 2000, ch. 227, § 6; Laws 2001, ch. 55, § 24.
§ 489-9. Motion picture theater accommodation
(a) A public accommodation that owns, leases, leases to, or operates a motion picture theater in more than two locations in the State shall provide open movie captioning during at least two showings per week of each motion picture that is produced and offered with open movie captioning.
(b) A public accommodation that owns, leases, leases to, or operates a motion picture theater in the State shall provide, upon request, audio description of any motion picture that is produced and offered with audio description.
(c) A violation of this section shall be a discriminatory practice.
(d) This section shall apply to motion pictures that are produced and distributed with the necessary auxiliary aids and services, including captioning and audio description.
This section shall not prohibit the showing of a motion picture that is produced and distributed without captioning and audio description; provided that a public accommodation that owns, leases, leases to, or operates a motion picture theater shall provide notice to the public if a motion picture offered for viewing is produced and distributed without captioning or audio description.
(e) For the purposes of this section, “motion picture theater” means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture.
Credits
Laws 2015, ch. 39, § 1, eff. Jan. 1, 2016; Laws 2017, ch. 211, § 1, eff. July 12, 2017; Laws 2019, ch. 154, § 1, eff. July 1, 2019.
West's Hawai'i Revised Statutes Annotated. Division 1. Government. Title 11. Agriculture and Animals. Chapter 142. Animals, Brands, and Fences. Part I. Animal Diseases and Quarantine
§ 142-5.5. Service animals
Any person with a disability who uses the services of a service animal, as defined in section 347-2.5, shall be permitted to reside on site for the duration of quarantine, if housing is available.
Credits
Laws 1991, ch. 178, § 3; Laws 2011, ch. 175, § 3, eff. July 1, 2011; Laws 2018, ch. 217, § 3, eff. Jan. 1, 2019.
West's Hawai'i Revised Statutes Annotated. Division 3. Property; Family. Title 28. Property. Chapter 515. Discrimination in Real Property Transactions.
§ 515-3. Discriminatory practices
(a) It is a discriminatory practice for an owner or any other person engaging in a real estate transaction, or for a real estate broker or salesperson, because of race; sex, including gender identity or expression; sexual orientation; color; religion; marital status; familial status; ancestry; disability; age; or human immunodeficiency virus infection:
(1) To refuse to engage in a real estate transaction with a person;
(2) To discriminate against a person in the terms, conditions, or privileges of a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;
(3) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;
(4) To refuse to negotiate for a real estate transaction with a person;
(5) To represent to a person that real property is not available for inspection, sale, rental, or lease when in fact it is available; fail to bring a property listing to the person's attention; refuse to permit the person to inspect real property; or steer a person seeking to engage in a real estate transaction;
(6) To offer, solicit, accept, use, or retain a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or in the furnishing of facilities or services in connection with a real estate transaction;
(7) To solicit or require as a condition of engaging in a real estate transaction that the buyer, renter, or lessee be tested for human immunodeficiency virus infection, the causative agent of acquired immunodeficiency syndrome;
(8) To refuse to permit, at the expense of a person with a disability, reasonable modifications to existing premises occupied or to be occupied by the person if modifications may be necessary to afford the person full enjoyment of the premises; provided that a real estate broker or salesperson, where it is reasonable to do so, may condition permission for a modification on the person agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;
(9) To refuse to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a housing accommodation; provided that if reasonable accommodations include the use of an assistance animal, reasonable restrictions may be imposed; provided further that if the disability is not readily apparent, an owner or other person engaging in a real estate transaction may request information that verifies that the person has a disability, defined as a physical or mental impairment that substantially limits a major life activity. An owner or other person engaging in a real estate transaction shall not request medical records or access to health care providers, and shall not inquire as to the diagnosis, nature, or severity of the person's disability. If the disability-related need for an assistance animal is not readily apparent, an owner or other person engaging in a real estate transaction may request verification that the assistance animal is needed to alleviate one or more symptoms of the person's disability. Verification may be provided by a letter or other communication from the person's treating health care professional, mental health professional, or social worker. Possession of a vest or other distinguishing animal garment, tag, or registration documents that are commonly purchased online and purporting to identify an animal as a service animal or assistance animal shall not constitute valid verification;
(10) In connection with the design and construction of covered multifamily housing accommodations for first occupancy after March 13, 1991, to fail to design and construct housing accommodations in such a manner that:
(A) The housing accommodations have at least one accessible entrance, unless it is impractical to do so because of the terrain or unusual characteristics of the site; and
(B) With respect to housing accommodations with an accessible building entrance:
(i) The public use and common use portions of the housing accommodations are accessible to and usable by persons with disabilities;
(ii) Doors allow passage by persons in wheelchairs; and
(iii) All premises within covered multifamily housing accommodations contain an accessible route into and through the housing accommodations; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; reinforcements in the bathroom walls allow installation of grab bars; and kitchens and bathrooms are accessible by wheelchair; or
(11) To discriminate against or deny a person access to or membership or participation in any multiple listing service, real estate broker's organization, or other service, organization, or facility involved either directly or indirectly in real estate transactions, or to discriminate against any person in the terms or conditions of access, membership, or participation.
(b) For purposes of this section, “assistance animal” means an animal that is needed to perform disability-related work, services, or tasks for the benefit of a person with a disability or provide emotional support that alleviates one or more identified symptoms or effects of a person's disability.
“Assistance animals” may include but are not limited to service animals, therapy animals, comfort animals, or emotional support animals that may have formal training or may be untrained and may include species other than dogs.
Credits
Laws 1967, ch. 193, § 3; H.R.S. § 515-3; Laws 1971, ch. 124, § 1; Laws 1975, ch. 109, § 5; Laws 1976, ch. 159, § 4; Laws 1984, ch. 90, § 1; Laws 1984, ch. 105, § 2; Laws 1987, ch. 365, § 1; Laws 1987, ch. 370, § 1; Laws 1989, ch. 391, § 2; Laws 1990, ch. 67, § 8; Laws 1990, ch. 275, § 3; Laws 1991, ch. 178, § 2; Laws 1992, ch. 33, § 4; Laws 1992, ch. 171, § 3; Laws 1993, ch. 140, § 2; Laws 1997, ch. 311, § 1; Laws 2005, ch. 214, § 3; Laws 2011, ch. 31, § 2, eff. April 29, 2011; Laws 2011, ch. 175, § 8, eff. July 1, 2011; Laws 2022, ch. 154, § 2, eff. Nov. 1, 2022.
Division 1. Government. Title 15. Transportation and Utilities. [Chapter 279J]. Transportation Network Companies
[§ 279J-10]. Non-discrimination; accessibility
(a) The transportation network company shall adopt a policy of non-discrimination on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression with respect to riders and potential riders and shall notify transportation network company drivers of the policy.
(b) In addition to any policy established pursuant to subsection (a), transportation network company drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders on the basis of destination, race, color, ancestry, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or gender identity or expression.
(c) Transportation network company drivers shall comply with all applicable laws to accommodate service animals. For purposes of this subsection, “service animal” has the same meaning as defined in section 347-2.5.
(d) A transportation network company shall not impose additional charges for providing services to persons with physical disabilities.
Credits
Laws 2022, ch. 57, § 2, eff. Jan. 1, 2023.