Bill > SB31

This bill amends Hawaii's existing law regarding discriminatory restrictive covenants in real property transactions by providing a clear legal mechanism for addressing and invalidating historical discriminatory language in property records. The bill defines a "discriminatory restrictive covenant" as any restriction that would violate constitutional equal protection clauses, the federal Fair Housing Act, or state anti-discrimination laws, which cover characteristics like race, sex, gender identity, sexual orientation, religion, familial status, disability, and age. It empowers property owners who discover such discriminatory language to take specific actions without legal liability, such as preparing and recording a notice stating that the discriminatory covenant is void and unenforceable, either as part of a real estate transaction deed or as a separate recorded document. The bill provides a specific template language for such notices, which emphasizes that discriminatory covenants are contrary to principles of justice and equal protection. By allowing property owners to proactively address and document these discriminatory provisions, the legislation aims to promote transparency, acknowledge historical discriminatory practices, and reinforce legal protections against discrimination in property ownership and transactions.

Business and Industry, Housing and Urban Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=31&year=2025