In Hawaiʻi, an eviction action is formally called a summary possession proceeding. It is filed in District Court, which has jurisdiction over residential landlord-tenant matters under Hawaiʻi Revised Statutes (HRS) Chapter 666. Once filed, the case becomes a public court record visible through the Hawaiʻi State Judiciary’s eCourt Kōkua system, regardless of whether the landlord ultimately obtained a judgment.

Tenant screening companies access court records — including the eCourt Kōkua database — and report eviction filings on background check reports sold to landlords. Because Hawaiʻi does not yet have a statewide law allowing tenants to seal or expunge eviction records, even a dismissed filing can follow a renter for years.

Hawaiʻi enacted Act 278 in 2025, a two-year pilot program (effective February 5, 2026 through February 4, 2028) that requires landlords to participate in mediation if a tenant requests it within 10 days of receiving a nonpayment eviction notice. This program, administered by the Mediation Centers of Hawaiʻi, creates a structured opportunity to resolve rent disputes before an eviction case is ever filed in court, which benefits members by preventing the creation of a court record in the first place.

Understanding what the eviction record shows, how long ago it occurred, and whether any outstanding debts have been resolved are the most important factors in navigating this barrier. This is informational only and not legal advice.

When a landlord in Hawaiʻi initiates an eviction, they file a summary possession complaint in the District Court for the judicial circuit where the rental property is located. The First Circuit covers Oʻahu; the Second Circuit covers Maui, Molokaʻi, and Lānaʻi; the Third Circuit covers Hawaiʻi Island; and the Fifth Circuit covers Kauaʻi. From the moment the complaint is filed, a public court record exists. Tenant screening companies monitor these filings through the eCourt Kōkua system and include them in background reports purchased by prospective landlords.

The central challenge for members with eviction history in Hawaiʻi is that the public record persists whether the eviction was decided in the landlord’s favor, settled, dismissed, or withdrawn. A landlord screening an applicant through a third-party service may see a “summary possession filing” without knowing the final outcome.

Hawaii’s Act 278 (SLH 2025), effective beginning February 5, 2026, created a two-year mandatory mediation pilot program. When a landlord serves a nonpayment of rent eviction notice, the tenant now has 10 calendar days to request mediation before the landlord can file in court. The program is administered by the Mediation Centers of Hawaiʻi, a statewide network of five community mediation centers. If mediation results in an agreement, the eviction case may never be filed, preserving the tenant’s clean court record. This is a meaningful protection that members should understand and use actively if they receive a nonpayment notice.

The Hawaiʻi Residential Landlord-Tenant Code, HRS Chapter 521, governs the landlord-tenant relationship. Before filing for eviction, a landlord must provide appropriate notice. For nonpayment of rent, the landlord must provide a written 5-day notice to pay or vacate. Act 278 modified this process beginning February 5, 2026, by extending the notice period to 10 calendar days for nonpayment cases to accommodate the mediation request window. For lease violations, landlords typically provide a notice period depending on the nature of the violation.

Background screening companies operating in Hawaiʻi are subject to the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Under FCRA § 615, if a landlord takes adverse action based in whole or in part on a consumer report, they must provide the applicant with an adverse action notice identifying the screening company, informing the applicant of the right to request a free copy of the report, and explaining the right to dispute inaccuracies. Members who are denied housing based on a screening report should request this notice and obtain the report to review its accuracy.

Hawaiʻi is among the most expensive rental markets in the United States. This means that eviction history creates compounding difficulties: not only does the record itself reduce the pool of willing landlords, but the high cost of the market leaves fewer affordable alternatives. Members should be aware of the Hawaiʻi Public Housing Authority (HPHA) programs, the county-level housing agencies on each island, and the 211 Hawaiʻi Helpline (dial 211) administered by Aloha United Way, which connects callers with rental assistance and housing navigation resources across all islands.

Members navigating an eviction record in Hawaiʻi should take the following steps. First, obtain their own court records from the relevant District Court to understand exactly what the record reflects — a filing only, a dismissal, a default judgment, or a mediated resolution. Second, if an outstanding balance with the prior landlord exists, address it or document any partial resolution. Third, prepare a concise written statement that contextualizes the eviction, explains what has changed, and highlights current financial stability. Fourth, compile a strong application package: current income documentation, employer or community references, and proof of current responsible tenancy. Fifth, contact the Legal Aid Society of Hawaiʻi (808-536-4302) for guidance on whether any court-based record remedies are available in the specific case.

Be aware that each of Hawaiʻi’s four county-level Public Housing Authorities and the statewide HPHA have their own admission policies for applicants with eviction history. Subsidized programs may conduct individualized review where private landlords may not.

This is informational only and not legal advice.

The Hawaiʻi Residential Landlord-Tenant Code is codified at HRS Chapter 521. The eviction remedy available to landlords — summary possession — is governed by HRS Chapter 666. Under HRS § 666-1, a landlord may bring a summary possession action when a tenant holds possession without right, including after the termination of tenancy by passage of time or by reason of a forfeiture. All summary possession actions are filed and heard in the District Court of the relevant circuit.

HRS § 521-68 governs the procedure for termination of tenancy, and § 521-69 addresses the landlord’s remedies for material breach. Act 278 (SLH 2025), codified into the eviction notice framework beginning February 5, 2026, creates a mandatory mediation step when a tenant requests it within 10 calendar days of receiving a nonpayment eviction notice. This statute runs as a two-year pilot program through February 4, 2028.

Consumer reporting agencies operating under the FCRA are required to maintain maximum possible accuracy in the information they report, under 15 U.S.C. § 1681e(b). Eviction records — including summary possession filings — may be pulled from the eCourt Kōkua public database and included in tenant screening reports. Hawaiʻi has not enacted a state law limiting the lookback window for eviction records in consumer reports used for housing decisions. Under the FCRA, civil court records such as eviction judgments are generally reportable for seven years under 15 U.S.C. § 1681c. Filings without judgments may be reported differently depending on how the screening company categorizes the record.

If a tenant screening report contains an inaccurate eviction entry — for instance, one reflecting a dismissed case as a judgment — the member has the right to dispute it with the consumer reporting agency under FCRA § 611, 15 U.S.C. § 1681i. The agency has 30 days to investigate and respond.

Under FCRA § 615, landlords who take adverse action based in whole or in part on a consumer screening report must provide an adverse action notice to the applicant. This notice must include the name, address, and telephone number of the consumer reporting agency; a statement that the agency did not make the decision; and notice of the right to request a free copy of the report within 60 days and to dispute its accuracy.

Hawaiʻi’s fair housing law is codified at HRS Chapter 515, administered and enforced by the Hawaiʻi Civil Rights Commission (HCRC). The law prohibits discrimination in housing transactions based on race, sex, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, HIV infection, gender identity or expression, and source of income. Eviction history is not a protected class under HRS Chapter 515. However, if a landlord’s eviction screening policy disproportionately excludes members of a protected class, a disparate impact claim under the federal Fair Housing Act (42 U.S.C. § 3604) may be relevant in federally assisted housing contexts. The HCRC accepts fair housing complaints at (808) 586-8636.

Hawaiʻi Act 310 (SLH 2022), effective May 1, 2023, added source of income as a protected class under HRS Chapter 515. This prohibits landlords from refusing to rent based on a tenant’s participation in a housing voucher program or other housing assistance. While this protection does not directly address eviction records, it is relevant for Housing Choice Voucher holders whose applications may be denied on combined grounds.

For applicants to HPHA Housing Choice Voucher and public housing programs, eviction history from federally assisted housing may carry additional weight under federal regulations at 24 C.F.R. § 982.552. PHAs have discretion to consider eviction history and may deny admission based on prior evictions from federally assisted housing, particularly those involving drug-related activity or lease violations affecting neighbors. Members should review each PHA’s Administrative Plan to understand the specific criteria applied on their island.

Practitioners assisting clients with eviction records in Hawaiʻi should: (1) obtain the District Court record from the relevant circuit court to determine the precise record content; (2) assess FCRA accuracy and dispute inaccurate entries; (3) advise clients on Act 278’s mediation pathway if they are currently in a nonpayment dispute; (4) connect clients with the Legal Aid Society of Hawaiʻi for individualized legal guidance; (5) prepare a complete application portfolio; and (6) identify which island’s county housing programs may offer the most flexible review process.

This is informational only and not legal advice.

The Hawaiʻi Residential Landlord-Tenant Code is codified at HRS Chapter 521. The summary possession process is governed by HRS Chapter 666. Eviction notice requirements and tenant remedies are found throughout HRS Chapter 521, including §§ 521-68 and 521-69.

Act 278 (SLH 2025) created a two-year mandatory mediation pilot program for nonpayment of rent evictions, effective February 5, 2026 through February 4, 2028, and is administered by the Mediation Centers of Hawaiʻi at https://www.mediationcentersofhawaii.org/.

The Hawaiʻi Fair Housing Act is codified at HRS Chapter 515, enforced by the Hawaiʻi Civil Rights Commission (HCRC).

The federal Fair Housing Act, 42 U.S.C. § 3604, applies to federally assisted housing and through its disparate impact framework.

The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs tenant screening accuracy obligations, adverse action notices, and consumer dispute rights.

Federal PHA regulations governing eviction history in admissions decisions are found at 24 C.F.R. § 982.552 (HCV) and 24 C.F.R. § 960.203 (public housing).

Summary possession filings are public records in the Hawaiʻi District Court system, accessible through the eCourt Kōkua database at https://www.courts.state.hi.us/legal_references/records/jims_system_availability. Tenant screening companies pull this data and include filings on background reports. Hawaiʻi has no state law currently providing for eviction record sealing or expungement, meaning records persist regardless of outcome unless a specific court remedy is obtained in an individual case.

FCRA rules permit civil court records to be reported for seven years generally. Non-judgment filings may vary in reportability depending on how screening companies categorize them. Inaccurate records may be disputed under FCRA § 1681i.

For HCV and public housing applicants, each PHA’s Administrative Plan governs how eviction history is weighed. Federal regulations give PHAs discretion in considering prior evictions, particularly from federally assisted housing.

Legal Aid Society of Hawaiʻi Statewide (Oʻahu and neighbor island offices) Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Free civil legal services for low-income tenants; eviction defense; consumer report disputes; fair housing complaints.

Volunteer Legal Services of Hawaiʻi (VLSH) Statewide — primarily Oʻahu Phone: 808-528-7046 Website: https://www.vlsh.org What it helps with: Free civil legal assistance for low-to-moderate income residents; landlord-tenant matters.

Hawaiʻi State Judiciary Self-Help Centers Statewide — all circuits Website: https://www.courts.state.hi.us/general_information/access_to_justice_rooms_self_help_centers What it helps with: Self-represented litigant assistance for landlord-tenant cases; volunteer attorney guidance.

Hawaiʻi Civil Rights Commission (HCRC) Honolulu (statewide jurisdiction) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Fair housing discrimination complaints; source of income discrimination; enforcement of HRS Chapter 515.

HUD Office of Fair Housing and Equal Opportunity (Region 9) San Francisco / National Phone: 800-669-9777 Website: https://www.hud.gov/program_offices/fair_housing_equal_opp What it helps with: Federal fair housing complaints involving HUD-assisted housing providers.

Hawaiian Council on Economic Opportunity (CNHA Housing Counseling) Honolulu Phone: 808-587-0597 Website: https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/ What it helps with: HUD-certified housing counseling; rental housing counseling; financial guidance.

Hawaii HUD-Approved Housing Counselors — Statewide Locator Phone: 800-569-4287 Website: https://apps.hud.gov/offices/hsg/sfh/hcc/hcs_print.cfm?searchstate=HI What it helps with: Locating all HUD-approved housing counseling agencies in Hawaiʻi.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, rental assistance referrals, emergency shelter, food and utility support across all islands.

Mediation Centers of Hawaiʻi — Act 278 Mediation Program Statewide — five island mediation centers Website: https://www.mediationcentersofhawaii.org/ What it helps with: Free mediation for landlords and tenants facing nonpayment of rent eviction disputes under Act 278.

Hawaiʻi Residential Landlord-Tenant Code, HRS Chapter 521 https://law.justia.com/codes/hawaii/title-28/chapter-521/

Hawaiʻi Summary Possession, HRS Chapter 666 https://law.justia.com/codes/hawaii/title-36/chapter-666/section-666-1/

Act 278 (SLH 2025) — Eviction Mediation Pilot Program https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2025/SLH2025_Act278.pdf

DCCA — Landlord-Tenant Information Center https://cca.hawaii.gov/landlord-tenant-information-center/

Mediation Centers of Hawaiʻi — Act 278 Program https://www.mediationcentersofhawaii.org/

Hawaiʻi Fair Housing Act, HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

Fair Credit Reporting Act — 15 U.S.C. § 1681 et seq. https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

CFPB — Adverse Action Notice Rights for Tenants https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-if-my-rental-application-is-denied-b ecause-of-a-tenant-screening-report-en-2105/

eCourt Kōkua — Public Court Records https://www.courts.state.hi.us/legal_references/records/jims_system_availability

24 C.F.R. § 982.552 — PHA Denial Authority https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.552

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

A broken lease in Hawaiʻi means a tenant vacated a rental unit before the lease term ended without a legally recognized justification. This creates a financial liability under HRS Chapter 521, but that liability is not unlimited. Hawaiʻi law imposes a duty on landlords to mitigate damages. When a tenant leaves early, the landlord must make reasonable efforts to re-rent the unit rather than allowing it to sit vacant and demanding full remaining rent from the departing tenant. This duty to mitigate is a meaningful legal protection that can reduce what a former tenant ultimately owes.

In practice, a broken lease affects a new rental application through credit report entries if the balance was referred to a collection agency, through direct landlord-to-landlord reference calls, and — if the landlord filed a summary possession action after the departure — through public court records. Hawaiʻi does recognize specific legal protections that allow certain tenants to

terminate early without penalty, including active duty military orders under the federal Servicemembers Civil Relief Act and documented situations involving domestic violence under Hawaiʻi state law. If the early departure was justified under one of these provisions, documenting that clearly is essential. This is informational only and not legal advice.

Breaking a lease in Hawaiʻi without a legally recognized justification creates a civil financial liability between the tenant and the landlord. The high cost of Hawaiʻi’s rental market — one of the most expensive in the United States — means that the amounts involved can be substantial, and landlords may be more aggressive in pursuing them. However, the law constrains their recovery.

Under HRS § 521-70 and related provisions of the Hawaiʻi Residential Landlord-Tenant Code, when a tenant abandons or wrongfully vacates a rental unit, the landlord is obligated to make reasonable efforts to re-rent the property. A landlord who fails to make reasonable re-rental efforts cannot recover rent for periods when the unit was left vacant through their own inaction. This duty to mitigate caps the tenant’s liability at the costs actually incurred during the reasonable re-rental period, rather than allowing the landlord to collect the full remaining term’s rent without effort.

Hawaiʻi law and federal law recognize specific circumstances in which a tenant may terminate a lease early without incurring financial penalty. Active duty military service members who receive qualifying orders may terminate under the federal Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3955, by delivering written notice and a copy of orders. Hawaiʻi also provides protections for victims of domestic violence, sexual assault, or stalking under HRS § 521-80, which allows a tenant who is a victim to terminate the lease upon written notice and provision of supporting documentation, with appropriate protections for the tenant’s safety.

If the rental unit was uninhabitable due to the landlord’s failure to maintain it in compliance with HRS § 521-42 — the landlord’s duty to provide habitable premises — the tenant may have a defense against liability for early departure, particularly if the habitability failure was documented and the landlord received written notice.

A broken lease may surface in three distinct ways during a rental application. First, if the former landlord referred the unpaid balance to a debt collector, a collections account will appear on the

consumer credit report and may be reported for up to seven years from the date of first delinquency under FCRA rules. Second, many landlords conduct landlord-to-landlord reference calls, and a former landlord may truthfully disclose that the tenant left a lease early and owed a balance. Third, if the landlord filed a summary possession action after the departure, the court record is publicly visible through the eCourt Kōkua system.

Members navigating a broken lease history in Hawaiʻi should address the financial debt wherever possible, even if only through a partial settlement, and document that resolution. A written statement explaining the circumstances — honest, concise, and forward-looking — gives a landlord context rather than leaving them to assume the worst. Strong current income documentation, current employer or community references, and evidence of stable tenancy since the departure are all important components of a complete application.

Target smaller, independent landlords who conduct personal application review. Larger property management companies on Oʻahu may use automated systems that flag collections accounts, while individual landlords may be more receptive to explanation and documentation. Use 211 Hawaiʻi (dial 211) to connect with rental assistance programs and housing navigation resources. The Legal Aid Society of Hawaiʻi (808-536-4302) can assist with credit report disputes and consumer rights related to collections accounts.

HUD-approved housing counseling agencies in Hawaiʻi, including the Hawaiian Council’s housing counseling program and agencies listed through HUD at https://apps.hud.gov/offices/hsg/sfh/hcc/hcs_print.cfm?searchstate=HI, can assist members with reviewing their credit report, identifying and disputing inaccurate collections entries, and developing a rental application strategy.

This is informational only and not legal advice.

The Hawaiʻi Residential Landlord-Tenant Code, HRS Chapter 521, governs all aspects of the landlord-tenant relationship including lease termination. HRS § 521-70 governs a landlord’s remedies for absence, misuse, abandonment, and failure to honor tenancy before occupancy. The landlord’s duty to mitigate damages upon a tenant’s wrongful abandonment is embedded in Hawaiʻi’s landlord-tenant law, consistent with the general principle recognized in HRS § 521-70 and reinforced by Hawaiʻi case law.

HRS § 521-42 establishes the landlord’s obligation to maintain habitable premises. If a landlord’s failure to maintain habitability was the proximate cause of the tenant’s early departure, this may constitute a defense to the landlord’s claim for damages.

HRS § 521-80 provides specific protections for victims of domestic violence, sexual assault, and stalking, allowing them to terminate a tenancy upon written notice and provision of qualifying documentation. The statute includes provisions protecting the tenant’s identity and the nature of the documentation they must provide.

Under the federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955, a service member who receives permanent change of station orders, orders to deploy for 90 days or more, or orders requiring a move to government housing may terminate a residential lease without penalty. The member must provide written notice and a copy of the orders. The termination takes effect 30 days after the next rent due date following delivery of notice.

A broken lease debt referred to a collection agency becomes a consumer account subject to FCRA reporting rules. Under 15 U.S.C. § 1681c, negative information including collections accounts may be reported for seven years from the date of first delinquency. If a member’s broken lease collection is more than seven years old and still appearing on reports, that may constitute a reportability violation subject to dispute under FCRA § 1681i.

When a landlord takes adverse action based in whole or in part on a consumer screening report — including a credit report showing a broken lease collection — FCRA § 615 requires an adverse action notice identifying the reporting agency, the applicant’s right to a free copy of the report, and the right to dispute. Members should exercise these rights.

Hawaiʻi Act 200 / HRS § 521-A — Tenant Screening Fees

Hawaiʻi Act 200 (SLH 2023), effective May 1, 2024 and codified in HRS Chapter 521, introduced new tenant screening fee regulations. Under this law, landlords or their agents may not charge an application fee when a comprehensive reusable tenant screening report is available. This provision reduces the financial burden of the application process on members who are applying to multiple properties and may be facing denials related to broken lease history.

HRS Chapter 515 and the federal Fair Housing Act do not enumerate broken lease history or collections accounts as protected classes. However, if a landlord’s credit or broken lease screening policy has a disparate impact on a protected class — for example, if it disproportionately excludes families with children or members of a racial minority group — a fair

housing argument may be relevant. The Hawaiʻi Civil Rights Commission (HCRC) at (808) 586-8636 accepts complaints.

For Housing Choice Voucher holders, a prior lease termination that resulted in a family obligation violation under 24 C.F.R. § 982.551 may affect re-eligibility for the voucher program. PHAs may deny or terminate assistance when a family has materially violated program obligations, which can include causing significant damage or owing money to a former landlord that relates to HCV program participation. Members should review the relevant PHA’s Administrative Plan and request an informal hearing under 24 C.F.R. § 982.554 if adversely affected.

Practitioners working with clients who have broken lease history in Hawaiʻi should: (1) obtain a full tri-bureau credit report to assess whether a collections account exists and whether it is within the FCRA reporting window; (2) dispute inaccurate information under FCRA § 1681i; (3) assess whether the early departure was justified under HRS § 521-80, the SCRA, or a habitability defense; (4) connect clients with HUD-approved housing counselors for credit counseling and debt management; (5) help clients prepare a full rental portfolio with income documentation, references, and a written personal statement; and (6) identify landlord segments most likely to conduct individualized review rather than automated denial.

This is informational only and not legal advice.

Hawaiʻi’s landlord-tenant framework governing broken lease liability is codified in HRS Chapter 521. Key provisions include HRS § 521-42 (landlord’s duty to maintain habitable premises), § 521-70 (landlord’s remedies for abandonment), and § 521-80 (domestic violence tenant termination protections).

The federal Servicemembers Civil Relief Act, 50 U.S.C. § 3955, governs early termination rights for qualifying military personnel.

The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs reporting periods for collections accounts and adverse action notice requirements in consumer report-based decisions.

Hawaiʻi Act 200 (SLH 2023), effective May 1, 2024, governs tenant screening fees and reusable screening report requirements in Hawaiʻi.

Hawaiʻi’s Fair Housing Act, HRS Chapter 515, is enforced by the Hawaiʻi Civil Rights Commission.

Federal PHA regulations at 24 C.F.R. § 982.551 and § 982.552 govern family obligations and PHA denial authority related to prior lease violations in the HCV program.

A broken lease may surface in tenant screening through a collections account on a consumer credit report (reportable for seven years from first delinquency under FCRA), through landlord-to-landlord reference disclosures, or through a summary possession court record in the eCourt Kōkua database if the landlord filed after the departure. Hawaiʻi’s high rental costs mean that landlords may be particularly attentive to financial reliability. Addressing the outstanding debt, documenting a legal justification for the departure, and assembling a strong application portfolio are the most effective mitigation strategies.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Legal advice on broken lease defenses, habitability claims, domestic violence lease termination, FCRA disputes, consumer rights.

Volunteer Legal Services of Hawaiʻi (VLSH) Statewide — primarily Oʻahu Phone: 808-528-7046 Website: https://www.vlsh.org What it helps with: Free civil legal assistance for income-eligible individuals on housing and civil matters.

Hawaiian Council CNHA Housing Counseling Honolulu and statewide Phone: 808-587-0597 Website: https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/ What it helps with: HUD-certified credit counseling, debt management guidance, rental housing counseling.

Consumer Financial Protection Bureau (CFPB) National Phone: 855-411-2372 Website: https://www.consumerfinance.gov What it helps with: Credit report complaints, FCRA disputes, consumer financial rights.

HUD-Approved Housing Counselors — Hawaiʻi Phone: 800-569-4287 Website: https://apps.hud.gov/offices/hsg/sfh/hcc/hcs_print.cfm?searchstate=HI What it helps with:

Locating HUD-approved counselors for credit review, rental application strategy, and financial counseling.

Hawaiʻi Civil Rights Commission (HCRC) Honolulu — statewide jurisdiction Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Fair housing discrimination complaints.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Rental assistance referrals, emergency housing navigation, utility assistance, resource connections.

Hawaiʻi Residential Landlord-Tenant Code, HRS Chapter 521 https://law.justia.com/codes/hawaii/title-28/chapter-521/

HRS § 521-80 — Domestic Violence Lease Termination https://law.justia.com/codes/hawaii/title-28/chapter-521/

HRS § 521-70 — Abandonment and Landlord Remedies https://law.justia.com/codes/hawaii/title-28/chapter-521/

Servicemembers Civil Relief Act — 50 U.S.C. § 3955 https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3955

Fair Credit Reporting Act — 15 U.S.C. § 1681 et seq. https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Hawaiʻi Act 200 (SLH 2023) — Tenant Screening Fees https://governor.hawaii.gov/newsroom/dcca-news-release-new-tenant-screening-fee-law-to-take -effect-on-may-1-2024/

HUD-Approved Housing Counselors — Hawaiʻi https://apps.hud.gov/offices/hsg/sfh/hcc/hcs_print.cfm?searchstate=HI

Hawaiʻi Fair Housing Act, HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Hawaiʻi’s Deferred Acceptance of Guilty Plea (DAGP) — and its companion the Deferred Acceptance of No Contest Plea (DANCP) — are diversion dispositions authorized under HRS Chapter 853. When a defendant enters a DAGP or DANCP, the court defers acceptance of the plea, places the defendant under a period of supervision with conditions, and at the end of successful completion, discharges the defendant and dismisses the case. No conviction is ever formally entered on the record.

The housing significance of a DAGP completion is that it is legally not a conviction. When a rental application asks whether you have been convicted of a crime, a completed DAGP dismissal is not a conviction and should be answered accordingly. However, background screening companies pull public court databases and may report the original charge, the plea, and the case filing without clearly indicating the final dismissal outcome. This can mislead landlords into treating a dismissed case as a conviction.

Under HRS § 831-3.2, a person whose DAGP was discharged and dismissed must wait one full year following the discharge before applying for expungement of the arrest record from the state criminal history repository. As of July 1, 2025, expungement orders are automatically transmitted to the Judiciary for record sealing. Pursuing expungement is the most effective tool available to members with DAGP completions. This is informational only and not legal advice.

What a DAGP Is and How It Works in Hawaiʻi

The Deferred Acceptance of Guilty Plea (DAGP) is Hawaiʻi’s primary first-offender diversion disposition, codified in HRS Chapter 853. It applies to both guilty pleas (DAGP) and no contest pleas (DANCP, Deferred Acceptance of No Contest Plea). When a defendant enters this arrangement, the court does not formally accept the plea as a conviction. Instead, the court defers further proceedings and places the defendant under supervision for a court-specified period, not to exceed the maximum sentence for the offense. If the defendant complies with all conditions during the supervision period, the court discharges the defendant and dismisses the case. No conviction is entered.

DAGP is available for a wide range of offenses, including felonies in some circumstances, although eligibility is subject to prosecutorial consent and judicial approval. It is not available for all offenses — Class A felonies and certain other serious offenses are typically ineligible — and prior DAGP use may bar a subsequent application.

A successfully completed DAGP results in a court order of discharge and dismissal. In the legal sense, the person has no conviction for that offense. This distinction is critical for rental applications: questions asking whether an applicant has been convicted of a crime should be answered based on the actual legal outcome — a completed DAGP dismissal is not a conviction.

The complication arises because many tenant screening companies compile raw court data from sources such as eCourt Kōkua. The raw data may reflect the original charge and plea without reflecting the dismissal outcome, leading some landlords to incorrectly conclude that an applicant has a conviction. Members who have completed a DAGP should obtain a background check on themselves before applying to understand what landlords will see.

Under HRS § 831-3.2, a person who completed a DAGP and had the case discharged and dismissed must wait one full year following the discharge before applying to the Hawaiʻi Criminal Justice Data Center (HCJDC) to have the arrest expunged from the state criminal history repository. This waiting period applies specifically to DAGP cases. For certain DAGP cases involving charges under HRS § 712-1200, a four-year waiting period applies.

As of July 1, 2025, under Act 003 (2025), when the HCJDC grants an expungement order, it is automatically transmitted to the Hawaiʻi State Judiciary to seal or remove the case from the publicly accessible eCourt Kōkua database. Prior to July 1, 2025, individuals had to contact the Judiciary separately. This streamlined process significantly improves the effectiveness of expungement for DAGP completions.

The expungement application is filed with the HCJDC (808-587-3348). The process takes approximately 120 days. The fee for a first-time application is $35. An expunged record becomes confidential, and following expungement, the individual may legally answer questions about the arrest and charge as if the matter never occurred.

Members who have completed a DAGP should read rental application questions carefully. A question asking only about convictions should be answered accurately based on the DAGP dismissal — which is not a conviction. A question that asks about arrests, charges, or criminal filings requires a different analysis. If the background check surfaces the case, having the dismissal order in hand is essential. If the record has been expunged, the member has no legal obligation to disclose it.

Members with pending DAGP supervision should consult a legal advocate before answering any application questions, as an active DAGP involves an admitted plea that has not yet been dismissed.

Members should take these steps: confirm the DAGP discharge and dismissal by obtaining a copy of the court order; determine whether the one-year waiting period has passed and apply for expungement through HCJDC if eligible; obtain a background check to understand what is currently being reported; dispute any FCRA inaccuracies if the record is being mischaracterized as a conviction; and consult the Legal Aid Society of Hawaiʻi for individualized legal guidance.

This is informational only and not legal advice.

Hawaiʻi’s DAGP is codified at HRS § 853-1, which authorizes a court to defer the acceptance of a guilty or no contest plea, defer further proceedings, and place a defendant on supervision for a period not to exceed the maximum allowable sentence for the offense. Upon successful completion of supervision and compliance with all conditions, the court discharges the defendant and dismisses the charge under HRS § 853-1(b). This dismissal does not constitute a conviction. HRS § 853-3 governs the consequences of violating DAGP conditions — upon violation, the court may accept the plea and impose sentence.

DAGP availability is subject to prosecutorial consent and judicial approval. Certain offenses carry categorical ineligibility, and courts have discretion. Prior use of DAGP within a specified period may bar a subsequent application.

Expungement of arrest records in Hawaiʻi is authorized under HRS § 831-3.2, administered by the Hawaiʻi Criminal Justice Data Center (HCJDC) within the Office of the Attorney General. For DAGP completions, the statute imposes a one-year waiting period following discharge and dismissal before expungement eligibility arises. For DAGP completions involving charges under HRS § 712-1200 (prostitution-related offenses), the waiting period is four years. Expungement removes the arrest record from the state criminal history repository maintained by HCJDC.

Act 003 (2025), effective July 1, 2025, amended the expungement process so that expungement orders are automatically transmitted by HCJDC to the Judiciary for consideration of sealing the related court records from eCourt Kōkua. This significantly strengthens the practical impact of expungement by addressing both the arrest record (at HCJDC) and the court case record (at the Judiciary) through a single application process.

Expungement orders issued prior to July 1, 2025 still require the individual to contact the Judiciary separately to request court record sealing.

Under 15 U.S.C. § 1681c of the FCRA, non-conviction records — including arrests, charges, and dismissed cases — may not generally be reported on consumer reports for more than seven years from the date of the event. A DAGP completion is a dismissal, not a conviction, and is therefore a non-conviction record subject to the seven-year limitation. A consumer reporting agency that reports a DAGP dismissal as a conviction, or that continues to report it after the seven-year window, may be violating the FCRA. Members have the right to dispute inaccurate or stale information under FCRA § 1681i.

If a landlord takes adverse action based in whole or in part on a consumer screening report, FCRA § 615 requires an adverse action notice identifying the reporting agency and informing the applicant of their rights.

HRS Chapter 515 and the federal Fair Housing Act do not enumerate criminal record as a protected class. However, HUD’s 2016 Guidance on the Use of Criminal History in Tenant Screening addresses non-conviction records specifically. The guidance states that the use of arrest records — as opposed to actual convictions — as a basis for housing denial creates significant fair housing risk, because it can function as a proxy for race and national origin, which are protected classes. A DAGP completion without a conviction is legally analogous to a non-conviction record in this analysis. PHAs and landlords receiving federal funding who rely on DAGP records as if they were convictions may face fair housing scrutiny.

The HPHA and county PHAs have discretion under 24 C.F.R. § 982.552 in how they treat criminal history in HCV admissions decisions. HUD guidance discourages the use of arrest records and non-conviction records as categorical bases for denial. A DAGP completion should not be treated as a conviction by a PHA. Members who believe a PHA denial was based on a DAGP completion being mischaracterized as a conviction should request an informal hearing under 24 C.F.R. § 982.554.

Practitioners assisting clients with DAGP records in Hawaiʻi should: (1) confirm the DAGP discharge and dismissal from court records; (2) assess whether the one-year waiting period has elapsed and apply for HCJDC expungement if eligible; (3) obtain a background report to identify current reportability; (4) dispute any inaccurate reporting under FCRA § 1681i; (5) advise clients on accurate disclosure — DAGP completions are not convictions; and (6) advise PHA applicants on informal hearing rights if the DAGP was misused in an admissions decision.

This is informational only and not legal advice.

The DAGP is codified at HRS § 853-1 (Deferred Acceptance of Guilty Plea or Nolo Contendere Plea; Discharge and Dismissal, Expungement of Records). Consequences of violation are at HRS § 853-3. The DAGP discharge and dismissal do not constitute a conviction under Hawaiʻi law.

Expungement of arrest records arising from DAGP completions is governed by HRS § 831-3.2, administered by the Hawaiʻi Criminal Justice Data Center (HCJDC). The waiting period is one year following discharge and dismissal for most DAGP cases, and four years for cases involving HRS § 712-1200.

Act 003 (2025), effective July 1, 2025, streamlined the expungement-to-court-record-sealing process so that HCJDC expungement orders are automatically transmitted to the Judiciary for consideration of eCourt Kōkua record sealing.

The Fair Credit Reporting Act, 15 U.S.C. § 1681c, imposes a seven-year reporting limit on non-conviction records including dismissed charges arising from DAGP completions.

HUD’s 2016 Guidance on the Use of Criminal History applies to PHA admissions decisions and cautions against use of non-conviction records as categorical denial bases.

Hawaiʻi Fair Housing Act, HRS Chapter 515, is enforced by the HCRC at (808) 586-8636.

A DAGP completion is legally not a conviction. However, background screening companies may report the underlying charge and court filing without reflecting the dismissal outcome, potentially misleading landlords. Non-conviction records are subject to the FCRA seven-year reporting limit. Expungement following the one-year waiting period removes the arrest from the HCJDC repository and, as of July 1, 2025, triggers automatic transmission to the Judiciary for court record sealing. An expunged DAGP record cannot lawfully be reported and need not be disclosed on rental applications.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Legal guidance on DAGP record status, housing denial disputes, FCRA disputes, PHA informal hearings.

Volunteer Legal Services of Hawaiʻi (VLSH) Statewide — primarily Oʻahu Phone: 808-528-7046 Website: https://www.vlsh.org What it helps with: Civil legal assistance for income-eligible individuals.

Hawaiʻi Criminal Justice Data Center (HCJDC) — Expungements Office of the Attorney General, Honolulu Phone: 808-587-3348 Website: https://ag.hawaii.gov/hcjdc/expungements/ What it helps with: Processing expungement applications for DAGP completions and non-conviction arrests; official expungement application forms.

Hawaiʻi State Judiciary — Court Record Sealing Website: https://www.courts.state.hi.us/requests-for-sealing-court-records What it helps with: Information on removal of court records from eCourt Kōkua; coordination with HCJDC expungement orders.

Hawaiʻi Civil Rights Commission (HCRC) Honolulu — statewide jurisdiction Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Fair housing complaints involving misuse of criminal history records including non-conviction records.

HUD Office of Fair Housing and Equal Opportunity Phone: 800-669-9777 Website: https://www.hud.gov/program_offices/fair_housing_equal_opp What it helps with: Federal fair housing complaints involving HUD-assisted housing providers and PHA admissions.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, rental assistance, crisis resources.

HRS § 853-1 — Deferred Acceptance of Guilty Plea (DAGP) https://law.justia.com/codes/hawaii/title-38/chapter-853/section-853-1/

HRS § 831-3.2 — Expungement of Non-Conviction Arrest Records https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0831/HRS_0831-0003_000 2.htm

Hawaiʻi Criminal Justice Data Center — Expungements https://ag.hawaii.gov/hcjdc/expungements/

Act 003 (2025) — Automatic Transmission of Expungement Orders Referenced at: https://ag.hawaii.gov/hcjdc/expungements/

Hawaiʻi State Judiciary — Court Record Sealing Information https://www.courts.state.hi.us/requests-for-sealing-court-records

Civil Beat — Third of Hawaiʻi Could Get Records Cleared https://civilbeat.org/2026/01/a-third-of-hawaii-could-get-criminal-records-cleared-few-do/

Fair Credit Reporting Act — 15 U.S.C. § 1681c https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

HUD 2016 Guidance — Use of Criminal History in Housing https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF

Hawaiʻi Fair Housing Act, HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

A misdemeanor conviction in Hawaiʻi becomes a permanent criminal record that appears in court databases accessible through eCourt Kōkua and in background check reports used by landlords. Hawaiʻi classifies misdemeanors into two levels: misdemeanors (punishable by up to one year of imprisonment) and petty misdemeanors (punishable by up to 30 days). Violations are the lowest category. All misdemeanor convictions are public records.

Hawaiʻi has limited but meaningful expungement options for specific misdemeanor convictions. Under HRS § 706-622.5, first-time drug offenders sentenced under this provision may obtain an expungement of the conviction. First-time property offenders under HRS § 706-622.9 may also be eligible. Non-conviction arrest records may be expunged under HRS § 831-3.2 after applicable waiting periods. For many standard misdemeanor convictions, however, expungement of the conviction itself is not available in Hawaiʻi absent specific statutory authorization.

Hawaiʻi has no statewide ban-the-box law for private housing. Private landlords retain broad discretion to screen based on criminal history. For federally assisted housing through the HPHA and county PHAs, HUD guidance encourages individualized assessment of criminal history rather than categorical bans. This is informational only and not legal advice.

A misdemeanor conviction in Hawaiʻi creates a criminal record that is publicly accessible and appears on standard background checks. Because Hawaiʻi does not have a statewide law limiting criminal history use in private housing screening, and does not have a state-level lookback restriction on misdemeanor convictions in tenant screening, the record may be reported on background checks indefinitely unless expunged. This means a misdemeanor conviction from many years ago can still affect a rental application in 2026 if it has not been addressed through expungement.

Hawaiʻi classifies criminal offenses under the Hawaiʻi Penal Code (HRS Title 37) into felonies (Classes A, B, C), misdemeanors, petty misdemeanors, and violations. Common misdemeanor offenses include theft in the third and fourth degree, assault in the third degree, criminal property damage in the third degree, and certain drug possession offenses. Petty misdemeanors include offenses such as disorderly conduct and harassment. The classification of the specific offense matters significantly in how landlords and PHAs interpret the record.

Private landlords in Hawaiʻi have broad discretion in how they use criminal history. There is no state law requiring individualized assessment before denial, and no state prohibition on considering misdemeanor history in the rental screening process. Large property management companies in Honolulu and resort communities across the islands often use automated screening systems that flag any criminal history within a defined lookback period. Smaller, independent landlords — particularly on neighbor islands — may be more receptive to a personal explanation and application review.

For Housing Choice Voucher, public housing, and HPHA-administered programs, HUD’s 2016 Guidance on the Use of Criminal History discourages categorical bans and encourages individualized assessment considering the nature of the crime, the time elapsed since the conviction, and evidence of rehabilitation. The HPHA and each county PHA maintain their own Administrative Plans that specify how criminal history affects eligibility. Members who are denied admission to a federally assisted program based on misdemeanor history have the right to an informal hearing under 24 C.F.R. § 982.554.

Hawaiʻi’s conviction expungement law is narrow. The court may grant expungement of a conviction only for specific offense categories: certain first-time drug offenders sentenced under HRS § 706-622.5 or § 706-622.8; first-time property offenders sentenced under HRS § 706-622.9; and persons under 21 who received deferred sentences under HRS § 291E-64 for underage alcohol-impaired driving. Beyond these categories, most misdemeanor conviction expungements are not available without specific statutory authorization.

Non-conviction arrest records, including dismissed misdemeanor charges, can be expunged under HRS § 831-3.2 subject to waiting periods. Members who were arrested and not convicted of a misdemeanor should pursue expungement of the arrest record if they have not already done so.

Members with misdemeanor convictions applying for housing in Hawaiʻi should: verify the exact nature and disposition of the conviction from court records; assess expungement eligibility with a legal advocate; obtain a background report to understand what landlords will see; and prepare a comprehensive rental application that includes strong current income documentation, references from employers or community members, and a brief written personal statement that honestly addresses the conviction, describes what has changed, and demonstrates current stability.

Hawaiʻi’s high rental costs make building a complete application package especially important, as landlords receive many qualified applicants and may have limited incentive to give individualized consideration without proactive effort from the applicant.

This is informational only and not legal advice.

Hawaiʻi’s criminal offense classifications are established in HRS Title 37. Misdemeanors are punishable by up to one year of imprisonment per HRS § 706-663. Petty misdemeanors carry up to 30 days of imprisonment per HRS § 706-664. Violations carry up to 30 days. The classification and specific offense type are critical factors in how PHAs and landlords evaluate criminal history.

The Fair Credit Reporting Act, 15 U.S.C. § 1681c, does not impose a time limit on reporting criminal convictions in consumer reports. Absent expungement, a Hawaiʻi misdemeanor conviction may be reported on tenant screening background checks indefinitely. Hawaiʻi has not enacted a state-level lookback restriction on criminal convictions in housing screening, unlike some states that cap lookback at seven years.

If a misdemeanor record has been expunged under a qualifying Hawaiʻi statute, the FCRA requires consumer reporting agencies to remove that information from reports. An expunged conviction that continues to appear on a background check may constitute an FCRA violation subject to dispute under 15 U.S.C. § 1681i.

When a landlord takes adverse action based on a screening report, FCRA § 615 requires an adverse action notice. Members should request and use this notice to obtain the screening report and dispute any inaccuracies.

Expungement of a criminal conviction in Hawaiʻi requires specific statutory authorization. The HCJDC processes expungement applications for convictions only when a court order has been issued under one of the qualifying statutes: HRS § 706-622.5 or § 706-622.8 (first-time drug offenders), HRS § 706-622.9 (first-time property offenders), or HRS § 291E-64(e) (underage drivers). For all other misdemeanor convictions, conviction expungement is not currently available in Hawaiʻi without specific statutory authorization.

Non-conviction arrest records are expungeable under HRS § 831-3.2 after applicable waiting periods, which vary by offense type and may be less than one year for dismissed charges not involving bail forfeiture.

HUD’s 2016 Guidance on the Use of Criminal History by Housing Providers addresses the fair housing implications of criminal history screening policies. Categorical bans that deny all applicants with any criminal conviction — regardless of offense type, age, or circumstances — may violate the Fair Housing Act if they create a disparate impact on a protected class such as race or national origin. Research consistently documents that criminal history screening disproportionately impacts racial minorities, and Hawaiʻi’s AAPI, Native Hawaiian, and Pacific Islander communities may be affected.

The Hawaiʻi Civil Rights Commission (808-586-8636) enforces HRS Chapter 515. Fair housing complaints may also be filed with HUD’s Office of Fair Housing and Equal Opportunity (800-669-9777).

The HPHA and county PHAs apply their own Administrative Plans in criminal history review. For HCV and public housing, PHAs have discretion under 24 C.F.R. § 982.552 to deny admission based on criminal history but are encouraged by HUD to conduct individualized assessments. Informal hearing rights under 24 C.F.R. § 982.554 apply when a PHA denies admission based on criminal history. Legal Aid Society of Hawaiʻi provides representation in PHA informal hearings.

Practitioners should: (1) identify the exact misdemeanor offense and date; (2) assess expungement eligibility under HRS § 706-622.5, § 706-622.9, or other qualifying statutes; (3) if not expungeable, assess whether the arrest record for any non-conviction related matter can be expunged under § 831-3.2; (4) obtain a background check report and dispute FCRA inaccuracies; (5) prepare a complete rental application portfolio; (6) advise on PHA informal hearing rights; and (7) consider fair housing arguments where categorical screening policies apply without individualized review.

This is informational only and not legal advice.

Hawaiʻi misdemeanor offense classifications are established in HRS Title 37, with sentencing provisions at HRS §§ 706-663 and 706-664. Expungement of misdemeanor convictions is governed by specific statutory provisions at HRS §§ 706-622.5, 706-622.8, 706-622.9, and 291E-64(e). Non-conviction arrest record expungement is governed by HRS § 831-3.2, administered by HCJDC.

The FCRA, 15 U.S.C. § 1681c, permits indefinite reporting of criminal convictions absent state restrictions. Hawaiʻi has no state lookback limitation for conviction records in housing screening.

HUD’s 2016 Guidance on the Use of Criminal History applies to PHA admissions. Federal PHA regulation at 24 C.F.R. § 982.552 governs discretionary denial authority.

Hawaiʻi Fair Housing Act, HRS Chapter 515, is enforced by the HCRC.

Act 003 (2025) streamlined the expungement-to-court-sealing process effective July 1, 2025.

A misdemeanor conviction in Hawaiʻi may be reported indefinitely on tenant screening background checks through eCourt Kōkua court data and HCJDC criminal history records. Private landlords have broad screening discretion. PHAs conduct individualized review under their Administrative Plans and HUD guidance. Expungement of conviction records is available only for specific qualifying offenses. Non-conviction arrest records related to dismissed misdemeanor charges may be expunged under HRS § 831-3.2 after applicable waiting periods.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Housing denial legal assistance, PHA informal hearings, FCRA disputes, expungement guidance.

Volunteer Legal Services of Hawaiʻi (VLSH) Statewide — primarily Oʻahu Phone: 808-528-7046 Website: https://www.vlsh.org What it helps with: Civil legal assistance for income-eligible residents including housing and criminal record matters.

Hawaiʻi Criminal Justice Data Center (HCJDC) — Expungements Phone: 808-587-3348 Website: https://ag.hawaii.gov/hcjdc/expungements/ What it helps with: Expungement applications for qualifying conviction and non-conviction arrest records.

Hawaiʻi Civil Rights Commission (HCRC) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Fair housing complaints; disparate impact claims related to criminal history screening.

HUD Office of Fair Housing and Equal Opportunity Phone: 800-669-9777 Website: https://www.hud.gov/program_offices/fair_housing_equal_opp What it helps with: Federal fair housing complaints.

Hawaiʻi Public Housing Authority (HPHA) Honolulu — Oʻahu only for HCV Phone: 808-832-5935 Website: https://hpha.hawaii.gov What it helps with: HCV program, public housing, informal hearing requests.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, rental assistance, crisis resources.

Hawaiʻi Penal Code — HRS Title 37 https://law.justia.com/codes/hawaii/title-37/

HRS § 706-622.5 — First-Time Drug Offender Sentencing and Expungement https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_000 5.htm

HRS § 706-622.9 — First-Time Property Offender Expungement https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_000 9.htm

HRS § 831-3.2 — Non-Conviction Arrest Record Expungement https://ag.hawaii.gov/hcjdc/expungements/

HCJDC — Expungement Information and Application https://ag.hawaii.gov/hcjdc/expungements/

HUD 2016 Guidance on Criminal History in Housing https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF

Fair Credit Reporting Act — 15 U.S.C. § 1681c https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Hawaiʻi Fair Housing Act — HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

24 C.F.R. § 982.552 — PHA Denial Authority https://www.ecfr.gov/current/title-24/subtitle-B/chapter-IX/part-982/subpart-L/section-982.552

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

A felony conviction in Hawaiʻi is a serious criminal record that creates the most significant criminal history barrier in both the private and subsidized housing markets. Hawaiʻi classifies felonies as Class A (most serious), Class B, and Class C (least serious within the felony category). All felony convictions are public records accessible through eCourt Kōkua and included in tenant background checks.

Hawaiʻi’s conviction expungement law is narrow. Certain first-time drug felony convictions sentenced under HRS § 706-622.5 and first-time property felony convictions sentenced under HRS § 706-622.9 may be eligible for court-ordered expungement. Class A felonies and most violent felonies are not eligible for expungement in Hawaiʻi.

For federally assisted housing through the HPHA and county PHAs, the mandatory federal bars apply: methamphetamine production on federally assisted premises and lifetime sex offender registration result in permanent ineligibility. All other felony convictions are subject to each PHA’s discretionary Administrative Plan review, with HUD guidance encouraging individualized assessment rather than blanket denials. This is informational only and not legal advice.

A felony conviction is the most significant criminal history barrier in Hawaiʻi’s housing market. It appears on background checks indefinitely absent expungement and is visible through eCourt Kōkua. Given Hawaiʻi’s already constrained rental market — where vacancy rates are among the lowest in the nation and demand significantly exceeds supply — the filtering effect of felony screening is particularly acute.

Hawaiʻi’s felony classifications under HRS Title 37 range from Class A (punishable by up to 20 years, life, or life without parole for the most serious offenses) to Class B (up to ten years) to Class C (up to five years). The specific class and offense type significantly influence how landlords and PHAs respond during screening. A recent violent Class A felony faces the most restrictive treatment. An older, non-violent Class C felony is more likely to receive individualized review, particularly when accompanied by strong documentation of rehabilitation.

Private landlords in Hawaiʻi have no state obligation to conduct individualized assessments of felony records. Large property management companies — particularly those managing resort-adjacent and Honolulu market properties — often apply categorical denial policies for recent felony convictions. Individual landlords may be more receptive to explanation and documentation.

Hawaiʻi’s unique community structure — with tight-knit local communities, particularly on neighbor islands — means that personal character references from community members, employers, clergy, or program supervisors can carry meaningful weight with smaller, independent landlords in ways that automated screening systems do not capture.

Under federal law, 42 U.S.C. § 13663 and implementing regulations at 24 C.F.R. § 960.204 (public housing) and 24 C.F.R. § 982.553 (HCV program), PHAs must permanently deny admission to any person who is subject to a lifetime sex offender registration requirement and to

any person convicted of methamphetamine production on the premises of federally assisted housing. These are non-waivable statutory bars.

All other felony convictions are subject to PHA discretion under each Administrative Plan. The HPHA and each county PHA (Maui County, Hawaiʻi County, and Kauaʻi County housing agencies) have their own standards governing how they evaluate felony history, what waiting periods apply, and what documentation of rehabilitation they consider. HUD strongly encourages individualized assessment rather than blanket bans.

Members who are denied admission to a PHA program based on felony history without individualized review should request an informal hearing under 24 C.F.R. § 982.554. Legal Aid Society of Hawaiʻi can provide representation at these hearings.

Hawaiʻi’s conviction expungement law provides limited but meaningful relief for certain felony categories. Under HRS § 706-622.5, a first-time drug offender sentenced under this provision may receive a discharge that allows for conviction expungement. Under HRS § 706-622.9, a first-time property offender sentenced under this provision may similarly obtain expungement of the conviction. These are the primary statutory pathways for felony conviction expungement in Hawaiʻi. Class A felonies and most violent felonies do not have an expungement pathway.

Members with older felony records that might qualify under these provisions should consult with the Legal Aid Society of Hawaiʻi or a private attorney to assess eligibility.

For members with felony convictions navigating Hawaiʻi’s housing market, the documentation strategy is critical. A strong application package should include: current income documentation; employer verification; completion certificates for any programs, vocational training, or substance use treatment; a parole or probation officer compliance letter (if applicable); character references from community members; and a concise, honest written statement that acknowledges the conviction, explains what has changed, and demonstrates current stability and community integration.

This is informational only and not legal advice.

Hawaiʻi felony classifications and penalties are established in HRS Title 37, with sentencing at HRS §§ 706-659 through 706-661. The conviction expungement framework is at HRS §§ 706-622.5 (first-time drug felony), 706-622.8 (first-time drug felony prior to 2004), and 706-622.9

(first-time property felony). These statutes require a court order granting expungement, which must accompany the HCJDC application.

Under 42 U.S.C. § 13663, persons subject to lifetime sex offender registration requirements are permanently barred from all federally assisted housing. Under the same statute and implementing regulations, persons convicted of manufacturing or producing methamphetamine on the premises of federally assisted housing are permanently barred. These bars are codified at 24 C.F.R. § 960.204(a)(3)-(4) (public housing) and 24 C.F.R. § 982.553(a)(2)(i) (HCV program). PHAs have no authority to waive these bars.

The FCRA, 15 U.S.C. § 1681c, imposes no time limit on reporting criminal conviction records in consumer reports used for tenant screening. A felony conviction will appear on tenant background checks indefinitely unless expunged. Hawaiʻi has not enacted a state lookback limitation for felony convictions in housing screening. When a felony conviction is expunged under HRS § 706-622.5 or § 706-622.9, the FCRA requires consumer reporting agencies to remove the record. An expunged conviction continuing to appear on a background check may be disputed under FCRA § 1681i.

HUD’s 2016 Guidance on the Use of Criminal History in Tenant Screening applies the disparate impact framework of the Fair Housing Act, 42 U.S.C. § 3604, to criminal history screening policies. Research documents that felony convictions disproportionately impact racial minorities, meaning categorical felony screening bans by landlords or PHAs receiving federal funding may create disparate impact on protected classes.

Hawaiʻi’s population is uniquely diverse, with significant Native Hawaiian, Pacific Islander, Filipino, Japanese, and other AAPI communities. Practitioners should be attentive to the potential for disproportionate impact on community-specific populations in Hawaiʻi’s housing market.

The HPHA’s Administrative Plan governs eligibility standards for HCV and public housing on Oʻahu. County PHAs on Maui, Hawaiʻi Island, and Kauaʻi maintain their own plans. Practitioners should obtain the relevant PHA’s current Administrative Plan to understand the specific standards applied to felony history, the applicable review criteria, and any available waiting period provisions.

When a PHA denies admission based on felony history, 24 C.F.R. § 982.554 requires the PHA to provide the applicant with an opportunity for an informal hearing. The hearing must be conducted by an impartial person. Legal representation at the hearing — available through the Legal Aid Society of Hawaiʻi — can significantly affect outcomes.

The Institute for Human Services (IHS) in Honolulu operates a reentry and recovery housing program specifically for individuals leaving incarceration. IHS provides transitional housing and supportive services for this population, which can serve as a bridge while permanent housing is being secured. Practitioners should be aware of IHS and similar organizations as immediate post-release housing resources.

Practitioners assisting felony clients in Hawaiʻi should: (1) identify the exact offense classification and date; (2) assess expungement eligibility under HRS §§ 706-622.5, 706-622.8, or 706-622.9; (3) obtain a background report to assess current reportability; (4) connect clients with IHS for transitional housing if in immediate reentry; (5) prepare a comprehensive application portfolio; (6) identify which county PHA Administrative Plan applies and what the relevant review criteria are; (7) pursue PHA informal hearing if denial is issued without individualized review; and (8) assess fair housing arguments where categorical screening applies.

This is informational only and not legal advice.

Hawaiʻi felony classifications are established in HRS Title 37. Conviction expungement pathways are at HRS §§ 706-622.5, 706-622.8, and 706-622.9. Non-conviction arrest expungement is at HRS § 831-3.2. Federal mandatory bars are at 42 U.S.C. § 13663 and 24 C.F.R. §§ 960.204 and 982.553.

The FCRA, 15 U.S.C. § 1681c, permits indefinite reporting of criminal convictions absent expungement. HUD’s 2016 Guidance governs PHA individualized assessment obligations. Federal PHA discretionary denial authority is at 24 C.F.R. § 982.552. Informal hearing rights are at 24 C.F.R. § 982.554.

Hawaiʻi Fair Housing Act, HRS Chapter 515, is enforced by the HCRC.

Felony convictions appear on standard background checks and eCourt Kōkua indefinitely absent expungement. Private landlords have broad screening discretion. PHAs apply mandatory federal bars for lifetime sex offender registration and methamphetamine production on federally assisted premises. All other felonies are subject to individualized PHA review under each Administrative Plan. Expungement is available for specific first-time drug and property felony convictions under HRS §§ 706-622.5 and 706-622.9. An expunged felony record may not be lawfully reported or disclosed.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: PHA informal hearings, housing denial legal assistance, felony expungement guidance, FCRA disputes.

Volunteer Legal Services of Hawaiʻi (VLSH) Statewide — primarily Oʻahu Phone: 808-528-7046 Website: https://www.vlsh.org What it helps with: Civil legal assistance for income-eligible individuals on housing matters.

Hawaiʻi Criminal Justice Data Center (HCJDC) — Expungements Phone: 808-587-3348 Website: https://ag.hawaii.gov/hcjdc/expungements/ What it helps with: Processing expungement applications for qualifying felony convictions (with court order) and non-conviction arrests.

Institute for Human Services (IHS) — Reentry and Recovery Housing Honolulu — Oʻahu Phone: Listed at website Website: https://ihshawaii.org What it helps with: Transitional housing, reentry support services, recovery housing for individuals leaving incarceration.

Hawaiʻi Public Housing Authority (HPHA) Honolulu — HCV covers Oʻahu; public housing statewide Phone: 808-832-5935 Website: https://hpha.hawaii.gov What it helps with: HCV program, public housing, informal hearing requests.

Hawaiʻi County Office of Housing Hawaiʻi Island Phone: 808-959-4642 Website: https://www.hawaiicounty.gov/services/housing-section-8-information What it helps with: HCV program on Hawaiʻi Island, public housing.

Maui County Housing Division Maui Website: https://www.mauicounty.gov/2041/Housing-Choice-Voucher-Section-8-Program What it helps with: HCV program on Maui.

Kauaʻi County Housing Agency Kauaʻi Website: https://www.kauai.gov/Government/Departments-Agencies/Housing-Agency/Section-8-Rental-A ssistance What it helps with: HCV program on Kauaʻi.

Hawaiʻi Civil Rights Commission (HCRC) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Fair housing complaints, disparate impact claims related to felony screening.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing referrals, rental assistance, emergency resources.

Hawaiʻi Penal Code — HRS Title 37 https://law.justia.com/codes/hawaii/title-37/

HRS § 706-622.5 — First-Time Drug Offender Expungement https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_000 5.htm

HRS § 706-622.9 — First-Time Property Offender Expungement https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_000 9.htm

HCJDC — Expungement Information https://ag.hawaii.gov/hcjdc/expungements/

42 U.S.C. § 13663 — Mandatory Federal Housing Bars https://uscode.house.gov

24 C.F.R. § 982.553 — HCV Mandatory Bars https://www.ecfr.gov

HUD 2016 Guidance on Criminal History in Housing https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF

Institute for Human Services — Reentry Housing https://ihshawaii.org

Hawaiʻi Fair Housing Act, HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

The reentry period — the weeks and months immediately following release from incarceration in Hawaiʻi — is one of the most acute housing crisis windows. Hawaiʻi’s extremely low rental vacancy rate, combined with criminal history screening barriers, the cost of security deposits, and the lack of rental history while incarcerated, creates a compressed and difficult housing search environment.

Hawaiʻi renamed its Department of Public Safety as the Department of Corrections and Rehabilitation (DCR) effective January 1, 2024. The Hawaiʻi Paroling Authority operates independently and governs post-release supervision for parolees. Parole conditions may include specific residency requirements, curfews, and prohibition from residing with certain individuals, all of which further narrow housing options.

The primary reentry-specific housing resources in Hawaiʻi include the Institute for Human Services (IHS) on Oʻahu, which provides transitional and reentry housing with support services; Catholic Charities Hawaiʻi, which provides reentry programming including bridge housing on multiple islands; and U.S.VETS Barber’s Point in Kapolei, which serves homeless and at-risk veterans specifically. The 211 Hawaiʻi helpline is the statewide entry point for housing navigation referrals. This is informational only and not legal advice.

Few moments are more critical to successful reintegration than the days immediately following release from incarceration. In Hawaiʻi, that transition is particularly challenging for several compounding reasons: the state has one of the highest costs of living in the nation; the rental vacancy rate is among the lowest in the country; criminal history screening is broadly permitted in the private market; and geographic isolation means that housing instability in Hawaiʻi cannot easily be resolved by moving to a lower-cost jurisdiction.

Effective January 1, 2024, the Hawaiʻi Department of Public Safety was redesignated as the Department of Corrections and Rehabilitation (DCR). DCR operates correctional facilities statewide, including Halawa Correctional Facility on Oʻahu, which has hosted reentry resource fairs where housing agencies connect with individuals preparing for release. The Hawaiʻi Paroling Authority operates independently and sets parole conditions, which for many released individuals include specific residence requirements that must be pre-approved.

Members on parole must verify that any prospective housing complies with all parole conditions before moving in. Failure to report an address or move into an unapproved residence can constitute a parole violation with serious consequences.

The Institute for Human Services (IHS) on Oʻahu is Hawaiʻi’s leading homelessness service provider and operates a dedicated Reentry and Recovery Housing program. IHS provides transitional housing and wraparound support services for individuals leaving incarceration or substance use treatment, including employment and job training assistance. IHS also operates multiple shelter and permanent housing programs across Oʻahu.

Catholic Charities Hawaiʻi provides a Bridge to Reentry program on Kauaʻi and related services on other islands. Catholic Charities also administers the SSVF (Supportive Services for Veteran Families) program in Hawaiʻi, connecting homeless veterans and those at risk of homelessness with rapid rehousing and financial assistance.

Gregory House Programs provides affordable housing assistance and supportive services for vulnerable populations, including emergency and supportive housing on Oʻahu.

For individuals in reentry who need to navigate the private rental market, preparation is the most powerful tool. The strongest application a returning citizen can present includes: a current state ID or driver’s license; a Social Security card; documentation of any income including employment, benefits, or program stipends; completion certificates for treatment, vocational, or educational programs completed during incarceration; a letter from a parole or probation officer

confirming supervision compliance status; and character references from program staff, employers, or community members.

A concise, honest personal statement that acknowledges the offense, explains what changed, and demonstrates current commitment to stability is often the difference between a second look and a form letter denial.

Even individuals recently released may have older convictions or dismissed charges that qualify for expungement under Hawaiʻi law. Initiating the expungement process as soon as possible — with the assistance of the Legal Aid Society of Hawaiʻi — can meaningfully improve housing access within the months following release. The HCJDC expungement process takes approximately 120 days, so starting immediately matters.

This is informational only and not legal advice.

Effective January 1, 2024, the Department of Public Safety (PSD) was redesignated as the Department of Corrections and Rehabilitation (DCR). DCR administers Level IV and V facilities statewide. The Hawaiʻi Paroling Authority operates separately and governs parole conditions for released individuals.

Parole conditions in Hawaiʻi are set by the Hawaiʻi Paroling Authority and may include specific residency restrictions, neighborhood prohibitions (particularly for sex offenders), and requirements that the parolee obtain the Paroling Authority’s approval before establishing any new residence. Failure to comply constitutes a parole violation.

The mandatory federal housing bars at 42 U.S.C. § 13663 — permanent bar for lifetime sex offender registrants and for methamphetamine production on federally assisted premises — apply at reentry. PHAs must apply these bars. For all other felony or misdemeanor history, PHAs have discretion under 24 C.F.R. § 982.552 and are encouraged by HUD to conduct individualized assessment.

HUD’s 2016 Guidance specifically addresses reentry populations, noting that housing is a critical determinant of successful reintegration and that categorical bans on individuals recently released from incarceration create both fair housing concerns and public safety consequences.

HRS Chapter 515, Hawaiʻi’s fair housing law, protects individuals from discrimination based on a range of protected classes. Practitioners should review whether a housing provider’s application of criminal history screening policies may create disparate impact on protected classes including race and national origin, which are relevant given Hawaiʻi’s diverse reentry population.

Individuals in reentry will have recent convictions visible on background checks indefinitely absent expungement. Non-conviction records — arrests without convictions, dismissed charges — are subject to the FCRA seven-year reporting limit. Practitioners should review background reports carefully to distinguish conviction records from non-conviction records and dispute any impermissible or inaccurate reporting.

The HPHA does not operate a dedicated family reentry program comparable to some mainland PHAs. However, individuals who have family members in HPHA public housing or HCV-subsidized units may be able to request to be added to the household after the family member coordinates with HPHA. HPHA will conduct eligibility review including criminal background check. Members should contact HPHA directly to understand the specific process for their situation.

Practitioners in the reentry housing space in Hawaiʻi should: (1) connect clients with IHS for immediate transitional housing on Oʻahu; (2) connect clients with Catholic Charities Hawaiʻi or county social service providers on neighbor islands; (3) verify parole or probation residency requirements before pursuing specific properties; (4) begin expungement eligibility assessment immediately; (5) help clients prepare a complete housing portfolio before or immediately upon release; (6) connect veterans with the VA Pacific Islands Health Care System for VASH and SSVF; and (7) advise on PHA informal hearing rights for criminal history denials.

This is informational only and not legal advice.

The Hawaiʻi Department of Corrections and Rehabilitation (DCR) administers correctional facilities under the redesignation effective January 1, 2024. The Hawaiʻi Paroling Authority governs post-release parole conditions.

Felony conviction expungement pathways are at HRS §§ 706-622.5 and 706-622.9. Non-conviction arrest expungement is at HRS § 831-3.2. Federal mandatory housing bars are at 42 U.S.C. § 13663 and 24 C.F.R. §§ 960.204 and 982.553.

HUD’s 2016 Guidance on Criminal History applies to PHA admissions decisions in the reentry context. Federal PHA discretionary denial authority is at 24 C.F.R. § 982.552. Informal hearing rights are at 24 C.F.R. § 982.554.

Hawaiʻi Fair Housing Act, HRS Chapter 515, is enforced by the HCRC.

Returning citizens in Hawaiʻi face criminal history screening in the private market (broad landlord discretion), federally assisted programs (mandatory bars and discretionary PHA review), and transitional housing programs (program-specific eligibility criteria). Parole conditions may narrow the geographic scope of eligible housing. Recent convictions appear on background checks and eCourt Kōkua indefinitely absent expungement. The combination of Hawaiʻi’s high housing costs, low vacancy rates, and criminal history screening creates one of the most difficult reentry housing environments in the country.

Institute for Human Services (IHS) — Reentry and Recovery Housing Honolulu — Oʻahu Website: https://ihshawaii.org Phone: Phone not listed — contact through website What it helps with: Transitional housing, recovery housing, employment and job training, wraparound support services for individuals leaving incarceration.

Catholic Charities Hawaiʻi — Bridge to Reentry Program Statewide — primary services on Kauaʻi and Oʻahu Website: https://www.catholiccharitieshawaii.org Phone: Phone not listed — contact through website What it helps with: Reentry bridge programming, housing support, community reintegration assistance.

Gregory House Programs Honolulu — Oʻahu Website: https://www.gregoryhouse.org Phone: Phone not listed — contact through website What it helps with: Affordable housing assistance, emergency and supportive housing, supportive services for vulnerable populations.

Hawaiʻi Paroling Authority Honolulu Website: https://dps.hawaii.gov/hpa/ (verify current URL through DCR) Phone: Phone not listed — contact through DCR What it helps with: Post-release supervision conditions; residency approval for parolees.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Housing legal assistance, PHA informal hearings, expungement guidance, FCRA disputes.

Hawaiʻi Public Housing Authority (HPHA) Honolulu Phone: 808-832-5935 Website: https://hpha.hawaii.gov What it helps with: HCV program, public housing eligibility review.

Hawaiʻi Civil Rights Commission (HCRC) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Fair housing complaints; screening policy disparate impact.

VA Pacific Islands Health Care System — Homeless Veteran Care Honolulu Phone: 1-800-214-1306 Website: https://www.va.gov/pacific-islands-health-care/ What it helps with: VASH voucher referrals, case management, housing navigation for homeless veterans.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Crisis housing navigation, rental assistance referrals, emergency shelter connections across all islands.

Hawaiʻi Department of Corrections and Rehabilitation https://dps.hawaii.gov/

Institute for Human Services — Reentry Housing https://ihshawaii.org

Catholic Charities Hawaiʻi — Bridge to Reentry https://www.catholiccharitieshawaii.org/the-bridge-to-re-entry-a-story-of-community-and-hope/

Hawaiʻi Paroling Authority Referenced at: https://dps.hawaii.gov/hpa/

HUD 2016 Guidance on Criminal History in Housing https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF

42 U.S.C. § 13663 — Federal Mandatory Bars https://uscode.house.gov

HCJDC — Expungement Information https://ag.hawaii.gov/hcjdc/expungements/

Legal Aid Society of Hawaiʻi https://www.legalaidhawaii.org

Root & Rebound — Hawaiʻi Reentry Legal Resource Guide https://www.rootandreboundsc.org/resources/hawaii-reentry-legal-resource-guide/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Hawaiʻi’s Sex Offender Registry, formally called the Covered Offender Registry, is governed by HRS Chapter 846E. Unlike many states, Hawaiʻi’s statute does not impose statewide distance-based residency restrictions on registered covered offenders — such as a blanket prohibition on living within a certain number of feet of schools or parks. This is a significant distinction from most mainland states.

However, the absence of a statewide residency restriction does not mean housing is unrestricted. Individuals under active supervision — parole or probation — may have specific residency conditions imposed by the Hawaiʻi Paroling Authority or court that restrict where they may live. These conditions are case-specific and set by the supervising authority.

For federally assisted housing, the federal mandatory bar remains absolute: any person subject to a lifetime sex offender registration requirement in any state is permanently barred from public housing and Housing Choice Vouchers under 42 U.S.C. § 13663. This applies in Hawaiʻi regardless of the state’s lack of a geographic residency restriction in its own statute.

Private landlords routinely screen against the Covered Offender Registry and may deny applicants based on registration status. This is legally permissible under current law. This is informational only and not legal advice.

Hawaiʻi’s sex offender registration system is called the Covered Offender Registry and is governed by HRS Chapter 846E. The term “covered offender” is used throughout the statute in place of “sex offender.” Registration information is made publicly available through the Hawaiʻi Sex Offender Registry website at https://sexoffenders.ehawaii.gov/. The registry is accessible statewide and is one of the first databases landlords and screening companies access when evaluating an applicant’s criminal history.

Under HRS § 846E-2, registration is required whenever a covered offender remains in Hawaiʻi for more than ten days or establishes a residence. The registration requirement applies to Hawaiʻi residents and non-residents alike who spend qualifying time in the state.

Hawaiʻi’s Chapter 846E does not establish a statewide geographic prohibition on where covered offenders may reside. There is no state law making it a crime for a registered covered offender to live within a certain distance of a school, park, or daycare facility, unlike many other states. A 2025 analysis by the Probation Information Network confirmed that Hawaiʻi’s statute does not restrict where registered covered offenders may reside or work at the state level.

This is meaningful for members navigating this barrier, as it removes one category of restriction that severely limits housing options in many other states. However, it does not eliminate all restrictions.

Individuals who are currently on parole in Hawaiʻi may have residence restrictions imposed as conditions of parole by the Hawaiʻi Paroling Authority. These conditions are case-specific and may include prohibitions on living near potential victims, schools, or other designated locations. Similarly, probation conditions set by courts may impose specific residency limitations. Members under active supervision must consult with their parole or probation officer and obtain advance approval for any proposed residence before moving in.

The federal mandatory bar at 42 U.S.C. § 13663 permanently prohibits any person subject to a lifetime sex offender registration requirement under state or federal law from receiving federally assisted housing, including public housing and Housing Choice Vouchers. The HPHA and county PHAs have no authority to waive this bar. There is no informal hearing that can overcome this statutory prohibition for lifetime registrants.

For covered offenders in Hawaiʻi whose registration period is not lifetime — who have a defined end date to their registration obligation — the federal mandatory bar may not apply in the same way, and PHA discretion under 24 C.F.R. § 982.552 may govern. Legal consultation is essential to determine which category applies.

Private landlords in Hawaiʻi are legally permitted to deny tenants based on sex offender registration status. The Covered Offender Registry is publicly accessible and free to search. Many landlords screen against it as a matter of policy. HRS Chapter 515 does not enumerate sex offender registry status as a protected class in housing.

Given Hawaiʻi’s extremely tight rental market, registered covered offenders face compounding barriers: criminal history generally narrowing the applicant pool that landlords will consider, combined with registry status that many landlords treat as a categorical disqualifier, combined with the federal bar on subsidized housing for lifetime registrants.

Registered covered offenders in Hawaiʻi must keep their registration current. Under HRS § 846E-2, any change of residence must be reported to local law enforcement. Failure to comply with registration requirements under HRS § 846E-9 constitutes a separate criminal offense that can result in felony charges. Members must notify the appropriate law enforcement agency before changing their registered address.

This is informational only and not legal advice.

Hawaiʻi’s Covered Offender Registry is governed by HRS Chapter 846E. The registration requirement is established at HRS § 846E-2, which requires registration whenever a covered offender remains in the state for more than ten days or establishes a residence. The chapter

defines “covered offender” at HRS § 846E-1 to include individuals convicted of covered offenses as defined in the chapter.

HRS § 846E-3 governs public access to registration information. HRS § 846E-4 establishes duties upon discharge, parole, or release. HRS § 846E-9 makes failure to comply with covered offender registration requirements a criminal offense — a Class C felony for a first violation, with enhanced penalties for subsequent violations.

Critically, HRS Chapter 846E does not impose statewide distance-based residency restrictions on covered offenders. This is confirmed by the chapter’s text and by independent legal research. The absence of a statewide geographic ban distinguishes Hawaiʻi significantly from the majority of U.S. states that impose school-zone residency restrictions. However, supervision conditions imposed on individual cases by the Hawaiʻi Paroling Authority or courts may impose such restrictions on a case-specific basis.

The federal mandatory bar for lifetime sex offender registrants in federally assisted housing is codified at 42 U.S.C. § 13663 and implemented at 24 C.F.R. § 960.204(a)(4) (public housing) and 24 C.F.R. § 982.553(a)(2)(i) (Housing Choice Voucher program). PHAs must permanently deny admission to any applicant subject to a lifetime registration requirement under any state or federal law. This bar applies in Hawaiʻi regardless of the state’s own statute’s silence on residency restrictions.

For covered offenders whose registration period is not lifetime — those with a defined registration end date — the federal mandatory bar does not automatically apply. PHA discretion under 24 C.F.R. § 982.552 governs in those cases. Practitioners should assess the specific duration of the registration obligation — which is determined by the underlying offense and the jurisdiction of conviction — before advising on federal program eligibility.

The Covered Offender Registry is a publicly accessible government database. Landlords and screening companies may access it directly without involving a consumer reporting agency and without triggering FCRA obligations. Registry status itself is therefore not subject to the FCRA’s accuracy or reporting window requirements in the same way that criminal history records in consumer reports are. This means the seven-year reporting limitation does not protect covered offenders from registry-based screening.

Sex offender registry status is not a protected class under HRS Chapter 515 or the federal Fair Housing Act. Landlords may refuse to rent to registered covered offenders without incurring fair housing liability based solely on registry status. The ACLU and advocacy organizations have raised policy arguments about the housing instability consequences of blanket registry-based denials, but these arguments have not changed the current legal framework for private housing screening.

Practitioners working with covered offenders in Hawaiʻi should: (1) confirm whether the registration obligation is lifetime or has a defined end date; (2) assess parole or probation residency conditions applicable to the specific case; (3) advise on the federal mandatory bar and its applicability; (4) identify available private market options — understanding that no statewide distance restriction exists but that supervisory conditions may impose restrictions; (5) ensure the client’s registration address is current and that any move is reported in advance; and (6) connect clients with the Legal Aid Society of Hawaiʻi for individualized legal guidance.

This is informational only and not legal advice.

Hawaiʻi’s Covered Offender Registry is governed by HRS Chapter 846E. Registration requirements are at HRS § 846E-2. Public disclosure provisions are at HRS § 846E-3. Failure to comply is criminalized at HRS § 846E-9.

Hawaiʻi’s statute imposes no statewide geographic residency restriction on covered offenders. Individual supervision conditions (parole, probation) may impose case-specific residency restrictions.

Federal mandatory housing bars for lifetime sex offender registrants are at 42 U.S.C. § 13663, implemented at 24 C.F.R. § 960.204(a)(4) and 24 C.F.R. § 982.553(a)(2)(i).

Hawaiʻi Fair Housing Act, HRS Chapter 515, does not enumerate sex offender registry status as a protected class.

The federal Sex Offender Registration and Notification Act (SORNA), 34 U.S.C. § 20911 et seq., provides federal classification standards.

Covered offenders in Hawaiʻi face the most acute housing access barriers of any background-related category. Hawaiʻi’s statute imposes no statewide geographic restriction, but

supervision conditions may impose case-specific restrictions. The federal mandatory bar permanently excludes lifetime registrants from all federally assisted housing with no waiver authority. Private landlords routinely screen against the public Covered Offender Registry and many apply categorical denial policies. The public registry is directly accessible outside FCRA protections, meaning reporting window limitations do not apply.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Legal consultation on registration obligations, supervision conditions, housing access, and federal program eligibility.

Volunteer Legal Services of Hawaiʻi (VLSH) Statewide — primarily Oʻahu Phone: 808-528-7046 Website: https://www.vlsh.org What it helps with: Civil legal assistance for income-eligible individuals.

Hawaiʻi Civil Rights Commission (HCRC) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Fair housing complaints; screening policy analysis.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, crisis resources, referrals to service providers.

Hawaiʻi Covered Offender Registry — Public Search https://sexoffenders.ehawaii.gov/coveredoffender/

HRS Chapter 846E — Registration Requirements https://law.justia.com/codes/hawaii/title-38/chapter-846e/

HRS § 846E-2 — Registration Requirements https://law.justia.com/codes/hawaii/title-38/chapter-846e/section-846e-2/

HRS § 846E-9 — Failure to Comply https://law.justia.com/codes/hawaii/title-38/chapter-846e/section-846e-9/

Probation Information Network — Hawaiʻi Residency Restriction Analysis (2025) https://www.probationinfo.org/wp-content/uploads/2025/07/4-SOR-Employment-Distance-Restri ctions-2025.pdf

42 U.S.C. § 13663 — Federal Mandatory Housing Bar https://uscode.house.gov

24 C.F.R. § 982.553 — HCV Mandatory Bars https://www.ecfr.gov

SORNA — 34 U.S.C. § 20911 et seq. https://uscode.house.gov

Hawaiʻi Fair Housing Act, HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Chapter 7 bankruptcy is a federal liquidation proceeding that discharges most unsecured debts, including credit card balances, medical bills, and personal loans. In Hawaiʻi, Chapter 7 cases are filed in the United States Bankruptcy Court for the District of Hawaiʻi, located in downtown Honolulu. The discharge typically occurs within three to six months of filing.

For housing purposes, Chapter 7 bankruptcy has two concurrent effects: it resolves many debts that may have been straining an applicant’s financial picture, and it places a derogatory public record on the consumer credit report. Under the FCRA, a Chapter 7 bankruptcy may be

reported on a credit report for ten years from the filing date — the longest FCRA reporting window for any consumer credit event.

Hawaiʻi’s bankruptcy exemptions include a homestead exemption protecting up to $30,000 of equity in a primary residence for a head of family or person over 65, and $20,000 for others, on property not exceeding one acre. For renters, the most significant bankruptcy effect is through the credit report and screening process. Private landlords in Hawaiʻi have broad discretion to consider bankruptcy history. The high cost of Hawaiʻi’s rental market means that landlords often receive many qualified applicants and may apply stringent financial screening. This is informational only and not legal advice.

Chapter 7 bankruptcy allows individuals who meet the means test to discharge most unsecured debts through a court-supervised process. In the months immediately after discharge, the applicant enters the rental market with a clean debt slate but a derogatory bankruptcy mark on their credit report. The challenge is navigating that contradiction — fewer ongoing debts, but a screening flag that signals past financial distress.

Hawaiʻi’s rental market intensifies this challenge. The state has one of the highest costs of living in the United States, and landlords — particularly in urban Honolulu and resort communities — routinely set income-to-rent ratios of 2.5 to 3 times the monthly rent as a baseline qualification. An applicant who can demonstrate that current income meets this ratio despite a bankruptcy history is in a stronger position than one whose income barely reaches the threshold.

When a Hawaiʻi landlord runs a credit check on a rental applicant, they will see the Chapter 7 bankruptcy as a derogatory public record for up to ten years from the filing date. Some large property management companies operating in Honolulu, Maui resort areas, and other high-demand markets have written screening criteria that automatically deny applicants with a bankruptcy within the past two to seven years. Smaller, independent landlords — particularly on neighbor islands where housing management is often less institutionalized — may take a more personal approach.

A completed Chapter 7 discharge also means that the specific debts discharged should reflect as resolved on the credit report with zero balances. This component of the post-bankruptcy credit picture can actually demonstrate financial resolution. Explaining this clearly in a cover letter — that the bankruptcy is complete, the debts are discharged, and the applicant now has a clean financial slate with stable current income — can reframe the narrative for landlords who take the time to read it.

Hawaiʻi bankruptcy exemptions are established in HRS Chapter 651. The homestead exemption applies to equity in a primary residence: up to $30,000 for a head of family or person over age 65, and up to $20,000 for other individuals, on property not exceeding one acre. These relatively low homestead exemptions (compared to many mainland states) reflect Hawaiʻi’s historically unique property ownership patterns. For renters navigating bankruptcy, the exemptions directly relevant to them are those protecting personal property, retirement accounts, wages, and tools of trade.

Members applying for rental housing after a Chapter 7 in Hawaiʻi should: allow time for the practical impact of the bankruptcy to diminish (it becomes less prominent in each subsequent year post-discharge); build a strong current financial picture through bank statements, employment verification, and savings records; obtain and review their credit report to ensure that discharged debts are properly reflected as discharged; offer additional security deposit or prepaid rent where the landlord allows it and the amount is within lease negotiation range; and use the 211 Hawaiʻi helpline and HUD-approved housing counselors to identify housing options and receive credit counseling.

HUD-approved housing counseling agencies in Hawaiʻi, including the Hawaiian Council’s housing counseling program (808-587-0597), provide post-bankruptcy credit counseling and rental application guidance.

This is informational only and not legal advice.

Chapter 7 bankruptcy is governed by Title 11 of the United States Code, 11 U.S.C. §§ 701–784. Cases in Hawaiʻi are filed in the United States Bankruptcy Court for the District of Hawaiʻi, headquartered at 1132 Bishop Street, Honolulu, Hawaiʻi 96813. The means test for Chapter 7 eligibility is at 11 U.S.C. § 707(b), comparing the debtor’s income to the state median income for Hawaiʻi.

The automatic stay under 11 U.S.C. § 362 goes into effect immediately upon filing and temporarily halts most collection actions, lawsuits, and eviction proceedings (with exceptions for post-judgment possession situations). The discharge is granted under 11 U.S.C. § 727 and eliminates personal liability for most unsecured debts.

Hawaiʻi bankruptcy exemptions are at HRS Chapter 651. The homestead exemption is at HRS § 651-92 for the head of family or elderly, protecting up to $30,000 of equity in real property. For other individuals, the exemption is $20,000. The property may not exceed one acre. Sale proceeds remain exempt for six months following sale. Other exemptions include protection for wages (HRS § 651-121), retirement accounts, tools of trade, and certain personal property.

Under 15 U.S.C. § 1681c(a)(1), a Chapter 7 bankruptcy may be reported on a consumer credit report for ten years from the filing date. This is the longest FCRA reporting period applicable to any consumer credit event. Hawaiʻi has no state law further restricting the reporting period for bankruptcies in housing screening contexts. The practical impact of the bankruptcy on rental applications diminishes with each year, and the most significant screening challenges typically occur within the first two to three years following discharge.

Under 11 U.S.C. § 525(a), governmental units are prohibited from denying licenses, permits, charters, or similar grants solely because the applicant filed for bankruptcy. Section 525(b) extends some protections to private employers. However, neither provision clearly prohibits a private landlord from denying a tenancy based solely on bankruptcy history. Bankruptcy is not a protected class under HRS Chapter 515 (Hawaiʻi Fair Housing Act) or the federal Fair Housing Act.

Bankruptcy history is not listed as a mandatory bar to Housing Choice Voucher or public housing eligibility under federal regulations. PHAs do not conduct credit checks as part of the standard HCV eligibility determination, though landlords who accept vouchers may apply their own credit screening independently. For HPHA public housing applicants, the HPHA reviews eligibility based on income, household composition, and citizenship status — not bankruptcy history. Bankruptcy itself is not a categorical bar to HPHA program participation.

Practitioners should: (1) help clients obtain their post-discharge credit report through AnnualCreditReport.com and verify that discharged debts are accurately reflected; (2) dispute any inaccurate reporting under FCRA § 1681i; (3) connect clients with HUD-approved counselors for post-bankruptcy credit counseling; (4) help clients prepare a strong rental application portfolio emphasizing current income stability; (5) advise clients on the § 525 anti-discrimination provision in any governmental licensing or permit contexts; and (6) identify landlord market segments most likely to conduct individualized review.

This is informational only and not legal advice.

Chapter 7 bankruptcy is governed by 11 U.S.C. §§ 701–784. Cases in Hawaiʻi are filed in the United States Bankruptcy Court for the District of Hawaiʻi, 1132 Bishop Street, Honolulu, HI 96813. Hawaiʻi bankruptcy exemptions are at HRS Chapter 651. The homestead exemption is at HRS § 651-92.

The automatic stay is at 11 U.S.C. § 362. The discharge is at 11 U.S.C. § 727. Anti-discrimination protections for bankruptcy filers in governmental contexts are at 11 U.S.C. § 525.

The FCRA, 15 U.S.C. § 1681c(a)(1), allows Chapter 7 bankruptcy to be reported for ten years from the filing date.

Hawaiʻi Fair Housing Act, HRS Chapter 515, does not enumerate bankruptcy history as a protected class.

A Chapter 7 bankruptcy appears on consumer credit reports for ten years from the filing date. Landlords in Hawaiʻi who conduct credit checks — standard practice across the state — will see the bankruptcy during this window. Large property management companies in urban and resort markets may apply categorical denial policies. Smaller independent landlords may conduct individualized review. Discharged debts should appear as resolved on the credit report, which represents a positive element of the post-bankruptcy financial picture. PHA programs do not treat bankruptcy as a mandatory bar to program eligibility.

United States Bankruptcy Court — District of Hawaiʻi Honolulu Website: https://www.hib.uscourts.gov Phone: Phone not listed — see website for contact What it helps with: Filing information, case information, self-help resources for pro se filers.

Hawaiian Council CNHA Housing Counseling Honolulu — statewide services Phone: 808-587-0597 Website: https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/ What it helps with: HUD-certified credit counseling, post-bankruptcy financial guidance, rental housing counseling.

Consumer Financial Protection Bureau (CFPB) National Phone: 855-411-2372 Website: https://www.consumerfinance.gov What it helps with: Credit report disputes, FCRA complaints, consumer financial rights.

HUD-Approved Housing Counselors — Hawaiʻi Phone: 800-569-4287 Website: https://apps.hud.gov/offices/hsg/sfh/hcc/hcs_print.cfm?searchstate=HI What it helps with: Locating all HUD-approved housing counseling agencies in Hawaiʻi by island.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Bankruptcy-related housing legal issues, consumer rights, FCRA dispute guidance.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, rental assistance referrals, emergency support.

United States Bankruptcy Court — District of Hawaiʻi https://www.hib.uscourts.gov

Hawaiʻi Bankruptcy Exemptions — HRS Chapter 651 http://www.hawaiibankruptcy.com/exemptions.html

11 U.S.C. § 362 — Automatic Stay https://uscode.house.gov

11 U.S.C. § 525 — Anti-Discrimination for Bankruptcy Filers https://uscode.house.gov

Fair Credit Reporting Act — 15 U.S.C. § 1681c https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Hawaiʻi Fair Housing Act, HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

Hawaiian Council Housing Counseling https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Chapter 13 bankruptcy — also called a reorganization or wage earner’s plan — allows individuals with regular income to repay debts over a three-to-five-year period through a court-approved plan rather than immediate liquidation. Hawaiʻi Chapter 13 cases are filed in the United States Bankruptcy Court for the District of Hawaiʻi in Honolulu. The process is slower than Chapter 7 but allows the debtor to retain assets that might otherwise be liquidated.

For tenants in Hawaiʻi, Chapter 13 has a valuable housing-protection dimension: at the time of filing, the automatic stay under 11 U.S.C. § 362 temporarily prevents landlords from pursuing eviction actions where a judgment for possession has not yet been obtained. This can provide critical breathing room for tenants facing eviction while they reorganize their finances.

Post-petition rent — rent due after the bankruptcy filing — must be paid in full and on time as a current expense of the estate. Failure to pay current rent during an active Chapter 13 can result in the landlord obtaining relief from the automatic stay and the case being dismissed.

On credit reports, Chapter 13 is reported for seven years from the filing date — three years shorter than Chapter 7. The active plan period is visible in credit screening, which may affect new rental applications during the plan. This is informational only and not legal advice.

Chapter 13 is a reorganization bankruptcy that requires the debtor to commit regular income to a three-to-five-year repayment plan approved by the bankruptcy court and trustee. Unlike Chapter 7, Chapter 13 does not immediately discharge debts — instead, it creates a structured repayment framework that gives the debtor time to catch up on mortgage arrears, car payments, and other secured obligations while protecting assets.

For renters in Hawaiʻi, Chapter 13 is most relevant in two scenarios: as a tool to stop an eviction in progress and catch up on rent arrears through the plan, and as a credit mark that appears on screening reports when applying for new rental housing.

When a Chapter 13 petition is filed in the District of Hawaiʻi Bankruptcy Court, the automatic stay under 11 U.S.C. § 362 takes immediate effect. This stay prohibits landlords from continuing eviction actions that have not yet reached a judgment for possession. Under 11 U.S.C. § 365, a debtor may assume an existing lease and cure arrears through the Chapter 13 plan, which can allow the tenancy to continue on a forward basis.

The limitation is important: if the landlord has already obtained a judgment for possession before the bankruptcy is filed, the automatic stay under 11 U.S.C. § 362(b)(22) generally does not prevent the eviction from proceeding. In Hawaiʻi, the District of Hawaiʻi Bankruptcy Court provides specific guidance on evictions and rent deposits, including the requirement to file Official Form 101A if a debtor wishes to seek the 30-day protection available when a pre-petition possession judgment exists.

Signing a new lease during an active Chapter 13 may in some cases require the approval of the bankruptcy trustee, as new financial commitments during a confirmed plan can affect the feasibility of plan payments. Members who are in active Chapter 13 and need to secure new housing should consult with their bankruptcy attorney before signing any lease.

Chapter 13 is reported on consumer credit reports for seven years from the filing date under 15 U.S.C. § 1681c. This is a shorter window than Chapter 7’s ten years. During the active plan and afterward, landlords conducting credit checks will see the filing. Members in Chapter 13 who can demonstrate consistent plan payment history — reflecting financial discipline and commitment — may be able to present this narrative favorably alongside current income documentation.

In Hawaiʻi’s competitive rental market, a Chapter 13 filer making consistent plan payments while maintaining current housing obligations may present more compelling evidence of financial

reliability than a score-only review suggests. Direct engagement with landlords who conduct personal review, rather than purely automated screening, is the most productive application approach.

This is informational only and not legal advice.

Chapter 13 is governed by 11 U.S.C. §§ 1301–1330. Eligibility requires regular income and debt within statutory limits (11 U.S.C. § 109(e)). The automatic stay is at 11 U.S.C. § 362. Post-judgment eviction limitations on the automatic stay are at § 362(b)(22), with a 30-day cure provision at § 362(l). Executory contracts including leases are governed by 11 U.S.C. § 365. Plan confirmation standards are at 11 U.S.C. § 1325.

The District of Hawaiʻi Bankruptcy Court’s guidance on evictions and rent deposits, available at https://www.hib.uscourts.gov/evictions-and-rent-deposits, provides specific procedural information for Hawaiʻi filers facing eviction concurrent with bankruptcy proceedings.

Under 15 U.S.C. § 1681c(a)(1), Chapter 13 bankruptcies are reported for seven years from the filing date — three years less than Chapter 7. Dismissed Chapter 13 cases may also be reported for seven years. During the active plan, accounts included in the plan should be updated on the credit report to reflect current plan status. Inaccurate reporting of plan-related accounts may be disputed under FCRA § 1681i.

The District of Hawaiʻi Bankruptcy Court is a single-location court serving all islands. Filers on neighbor islands must navigate the centralized Honolulu-based process, which may create practical logistical challenges. The court provides case filing and information resources at https://www.hib.uscourts.gov/. Self-represented filers should carefully review the court’s self-help resources before proceeding.

As with Chapter 7, Chapter 13 bankruptcy is not listed as a mandatory bar to HCV or public housing eligibility under federal regulations. PHAs do not generally conduct credit checks as part of the standard eligibility determination for the voucher program. However, independent landlord screening at the unit-selection stage may include credit checks that surface the bankruptcy. HPHA’s public housing eligibility review is based on income, household composition, and citizenship status rather than bankruptcy history.

Under 11 U.S.C. § 525(a), governmental units may not discriminate against bankruptcy filers in licensing or similar grant contexts. Private landlords are not directly covered under § 525(a) for housing decisions. Bankruptcy is not a protected class under HRS Chapter 515.

Practitioners should: (1) assess whether the client is in active Chapter 13 or has a discharge; (2) advise on automatic stay scope for any pending eviction; (3) advise on whether trustee approval is needed for a new lease; (4) help clients prepare a rental application package emphasizing current income and plan compliance; (5) dispute any FCRA inaccuracies in credit reporting related to plan accounts; (6) connect clients with the Hawaiian Council housing counseling program for financial guidance; and (7) advise on the District of Hawaiʻi Bankruptcy Court’s specific procedural guidance on evictions.

This is informational only and not legal advice.

Chapter 13 bankruptcy is governed by 11 U.S.C. §§ 1301–1330. Cases in Hawaiʻi are filed in the United States Bankruptcy Court for the District of Hawaiʻi, 1132 Bishop Street, Honolulu, HI 96813.

The automatic stay is at 11 U.S.C. § 362. Post-judgment eviction limitations are at § 362(b)(22), with cure provisions at § 362(l). Executory contracts and leases are at 11 U.S.C. § 365.

The FCRA, 15 U.S.C. § 1681c(a)(1), allows Chapter 13 bankruptcy to be reported for seven years from the filing date.

Hawaiʻi bankruptcy exemptions are at HRS Chapter 651. Hawaiʻi Fair Housing Act, HRS Chapter 515, does not enumerate bankruptcy as a protected class.

Federal PHA regulations at 24 C.F.R. § 982.552 do not identify Chapter 13 as a mandatory bar to HCV eligibility.

A Chapter 13 filing appears on credit reports for seven years from filing. Landlords who conduct credit checks will see the filing during this window. The automatic stay protects against eviction for unpaid pre-petition rent if no judgment for possession has been entered, but has limitations

once judgment is obtained. Post-petition rent must be paid in full throughout the plan as a current obligation. New leases may require bankruptcy attorney consultation. PHA programs do not treat Chapter 13 as a mandatory eligibility bar.

United States Bankruptcy Court — District of Hawaiʻi Honolulu Website: https://www.hib.uscourts.gov What it helps with: Filing information, eviction guidance, self-help resources, case information.

Hawaiian Council CNHA Housing Counseling Phone: 808-587-0597 Website: https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/ What it helps with: Pre-bankruptcy and post-bankruptcy credit counseling, rental housing counseling, financial guidance.

Consumer Financial Protection Bureau (CFPB) Phone: 855-411-2372 Website: https://www.consumerfinance.gov What it helps with: Credit report disputes, FCRA complaints, consumer rights.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Bankruptcy-related housing legal issues, automatic stay advice, eviction defense.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, rental assistance referrals, emergency support.

United States Bankruptcy Court — District of Hawaiʻi https://www.hib.uscourts.gov

District of Hawaiʻi — Evictions and Rent Deposits https://www.hib.uscourts.gov/evictions-and-rent-deposits

11 U.S.C. § 362 — Automatic Stay https://uscode.house.gov

11 U.S.C. § 365 — Executory Contracts https://uscode.house.gov

Fair Credit Reporting Act — 15 U.S.C. § 1681c https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

Hawaiʻi Fair Housing Act, HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

Hawaiian Council Housing Counseling https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Low credit is one of the most common and persistent housing barriers in Hawaiʻi. The state’s rental market — particularly on Oʻahu — is characterized by high rents, low vacancy, and competitive application pools. Most landlords conduct credit checks as a standard component of tenant screening, and a low credit score typically triggers heightened scrutiny or denial, particularly from large property management companies.

Hawaiʻi Act 200 (SLH 2023), effective May 1, 2024, introduced reusable tenant screening report regulations that reduce the cost burden of applying to multiple properties. Under this law, landlords may not charge an application fee if a comprehensive reusable tenant screening report is available. This reduces the financial drain of repeated application fees for members with low credit who need to apply broadly.

Hawaiʻi’s Fair Housing Act, HRS Chapter 515, protects applicants from discrimination based on source of income. This means that if an applicant’s income comes from a housing voucher, disability benefit, Social Security, or other lawful source, a landlord cannot refuse to rent on that basis alone. However, landlords may assess whether the income — regardless of source — is sufficient to support the rent. This is informational only and not legal advice.

Hawaiʻi’s rental market — particularly on Oʻahu, Maui, and in Kailua-Kona on the Big Island — is among the most competitive and expensive in the United States. A low credit score in this environment creates heightened barriers because landlords often have multiple qualified applicants competing for each unit and can afford to apply strict financial screening criteria.

Credit checks in Hawaiʻi are standard practice for both large property management companies and many independent landlords. A credit report contains far more than a single score — it reflects payment history across all credit accounts, outstanding balances, collections accounts, derogatory public records, and credit inquiries. Landlords who review reports carefully may see nuanced patterns (a period of financial hardship followed by recovery) that a score alone does not capture.

Hawaiʻi Act 310 (SLH 2022), effective May 1, 2023, added source of income to the protected classes under HRS Chapter 515. This is an important protection for low-income applicants because it prohibits landlords from refusing to rent based on the source of an applicant’s income — including housing vouchers, Section 8 assistance, Social Security Income, disability benefits, and other lawful income sources.

The source of income protection does not prevent a landlord from assessing whether the total amount of income — regardless of source — is sufficient to meet the rent. A landlord who applies a consistent income-to-rent ratio and denies an application because total income is below the threshold is acting within the law. But a landlord who applies different standards to voucher holders or government benefit recipients than to market-rate applicants may be violating the source of income protection. Complaints may be filed with the HCRC at (808) 586-8636.

Under the FCRA, consumers have the right to obtain a free copy of their credit report annually from each of the three major bureaus at AnnualCreditReport.com (www.annualcreditreport.com) and to dispute inaccurate information under 15 U.S.C. § 1681i. Many members who have low credit scores also have inaccurate or outdated information on their reports that, if corrected,

would improve their scores. Reviewing the report carefully for errors — accounts that do not belong to the member, incorrect balances, items past the reporting window, duplicate entries — is an important first step.

When a Hawaiʻi landlord takes adverse action based in whole or in part on a credit report or tenant screening report, FCRA § 615 requires an adverse action notice identifying the consumer reporting agency, informing the applicant of the right to a free copy of the report within 60 days, and explaining the right to dispute inaccuracies. Members who receive denials should request this notice and use it to obtain and review the report.

The most effective strategies for members with low credit in Hawaiʻi include: providing a co-signer or guarantor with stronger credit; demonstrating strong current income well above the income-to-rent ratio (3 times monthly rent is common in Hawaiʻi); submitting a personal financial history statement explaining the context of the credit events; offering strong character references; presenting a current bank statement showing reserves; and targeting smaller, independent landlords and neighbor island properties where individual review is more common.

HUD-approved housing counselors at the Hawaiian Council (808-587-0597) can assist members with reviewing their credit report, identifying disputes, and developing a credit recovery plan alongside a rental application strategy.

This is informational only and not legal advice.

The FCRA, 15 U.S.C. § 1681 et seq., governs the use of consumer credit reports in tenant screening. Landlords who use a consumer reporting agency to obtain credit reports are subject to FCRA requirements including permissible purpose (§ 604), accuracy obligations (§ 607(b)), and adverse action notice requirements (§ 615). Under FCRA § 1681c, negative credit information is subject to reporting limitations: most adverse items including collections, late payments, and charge-offs may be reported for seven years from the date of first delinquency.

Members should obtain their credit reports through AnnualCreditReport.com and review for items past the applicable reporting window, which should be disputed under FCRA § 1681i. The consumer reporting agency has 30 days to investigate and respond.

HRS § 515-3, as amended by Act 310 (SLH 2022) effective May 1, 2023, prohibits discriminatory practices in housing transactions based on source of income. This protection covers any lawful income source used by a tenant or buyer, including housing assistance program vouchers. The HCRC enforces this protection under HRS Chapter 515.

The protection has important practical scope: Hawaiʻi landlords who categorically refuse to accept applicants whose income includes housing vouchers are violating the source of income protection. Landlords must evaluate the sufficiency of the total income — not its source. Complaints about source of income discrimination must be filed with the HCRC within 180 days of the discriminatory act under HRS § 515-9.

Hawaiʻi Act 200 (SLH 2023), effective May 1, 2024 and codified in HRS Chapter 521, prohibits landlords from charging an application fee when the applicant makes available a comprehensive reusable tenant screening report. The DCCA administers this provision. This law reduces the cost burden on members with low credit who are applying to multiple properties.

Hawaiʻi landlords have discretion in setting credit score minimums and income-to-rent ratios in their screening criteria, provided these standards are applied consistently and without regard to protected class status. Common screening benchmarks in Honolulu and resort markets include income-to-rent ratios of 2.5 to 3 times the monthly rent. Members whose income meets the ratio — even with low credit — may be able to negotiate with landlords who take a holistic view of the application.

Practitioners working with low-credit clients in Hawaiʻi should: (1) obtain full tri-bureau credit reports and review for inaccuracies and items past the reporting window; (2) dispute inaccurate or stale information under FCRA § 1681i; (3) connect clients with HUD-approved housing counselors for credit counseling and debt management; (4) advise on source of income protections and HCRC complaint procedures; (5) help clients prepare a complete rental application portfolio with income verification and references; and (6) advise on Hawaiʻi’s reusable screening report law to reduce application fee costs.

This is informational only and not legal advice.

The FCRA, 15 U.S.C. § 1681 et seq., governs credit report accuracy obligations, adverse action notices, and consumer dispute rights. Reporting limitations for adverse credit information are at 15 U.S.C. § 1681c.

Hawaiʻi’s source of income protection is codified at HRS § 515-3, as amended by Act 310 (SLH 2022), effective May 1, 2023. The HCRC enforces HRS Chapter 515 and accepts complaints at (808) 586-8636. The complaint filing period is 180 days from the discriminatory act under HRS § 515-9.

Hawaiʻi Act 200 (SLH 2023), effective May 1, 2024, governs reusable tenant screening reports and restricts application fees when such reports are available.

Credit checks are standard in Hawaiʻi tenant screening across all islands and housing types. Low credit scores surface on credit reports reviewed by landlords through consumer reporting agencies. Negative items are reportable for seven years from first delinquency (absent bankruptcies, which have their own windows). Hawaiʻi’s source of income protection prohibits differential treatment based on the source of income, including government assistance. Adverse action notice rights under FCRA § 615 require landlords to identify the screening agency and provide dispute rights when denying based on a consumer report.

Hawaiian Council CNHA Housing Counseling Honolulu — statewide services Phone: 808-587-0597 Website: https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/ What it helps with: HUD-certified credit counseling, credit report review, debt management, rental application guidance.

Consumer Financial Protection Bureau (CFPB) National Phone: 855-411-2372 Website: https://www.consumerfinance.gov What it helps with: Credit report disputes, FCRA complaints, consumer rights information.

Hawaiʻi Civil Rights Commission (HCRC) Honolulu — statewide jurisdiction Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Source of income discrimination complaints; fair housing enforcement.

HUD Office of Fair Housing and Equal Opportunity Phone: 800-669-9777 Website: https://www.hud.gov/program_offices/fair_housing_equal_opp What it helps with: Federal fair housing complaints involving HUD-assisted providers.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: Adverse action disputes, fair housing complaints, tenant rights.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, rental assistance, crisis resources.

Fair Credit Reporting Act — 15 U.S.C. § 1681 et seq. https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act

CFPB — Adverse Action Notice Rights https://www.consumerfinance.gov/ask-cfpb/what-should-i-do-if-my-rental-application-is-denied-b ecause-of-a-tenant-screening-report-en-2105/

Hawaiʻi Act 310 (SLH 2022) — Source of Income Protection https://labor.hawaii.gov/hcrc/source-of-income-discrimination-in-housing-prohibited-starting-may -1-2023/

Hawaiʻi Fair Housing Act — HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

Hawaiʻi Act 200 (SLH 2023) — Reusable Screening Reports https://governor.hawaii.gov/newsroom/dcca-news-release-new-tenant-screening-fee-law-to-take -effect-on-may-1-2024/

HCRC — Source of Income Discrimination Prohibition https://labor.hawaii.gov/hcrc/source-of-income-discrimination-in-housing-prohibited-starting-may -1-2023/

AnnualCreditReport.com https://www.annualcreditreport.com

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Low income is the defining housing challenge in Hawaiʻi. The state consistently ranks among the most expensive rental markets in the country, while significant portions of the population earn incomes far below what is required to afford market-rate housing. According to HUD’s FY2025 income limits, the Honolulu Metropolitan Statistical Area has a median family income that is among the highest in the nation in nominal terms, but when adjusted for cost of living, the affordability gap is severe.

Hawaiʻi’s source of income protection under HRS Chapter 515 (Act 310, effective May 1, 2023) is a critical protection for low-income members. It prohibits landlords from refusing to rent based on the source of income — including housing vouchers, Social Security, disability payments, and other lawful income sources. A landlord who refuses to consider any applicant receiving housing assistance is violating this protection and may be reported to the HCRC.

The primary affordable housing access points in Hawaiʻi include the HPHA Housing Choice Voucher program (Oʻahu only), county HCV programs on each neighbor island, HPHA’s federal public housing (statewide, 5,406 units), Low Income Housing Tax Credit properties statewide, and emergency rental assistance through 211 Hawaiʻi. This is informational only and not legal advice.

Hawaiʻi has the highest cost of living of any U.S. state, and its housing costs are consistently among the highest in the nation. The gap between what low-income households can afford and what the market charges for even modest rental units is severe across all islands. On Oʻahu, the median market-rate rent for even a modest one-bedroom apartment significantly exceeds what

a household earning 50% of AMI can afford at the standard 30% of income housing cost threshold. On Maui, housing costs have risen further in the aftermath of significant local community disruption.

Hawaiʻi Act 310 (SLH 2022), effective May 1, 2023 and codified in HRS Chapter 515, prohibits landlords from discriminating against applicants based on the source of their income. This protection covers housing voucher holders, recipients of Social Security Income, disability benefit recipients, and individuals receiving other lawful government or private assistance. It applies to most landlords in Hawaiʻi, with very limited exemptions.

The protection is enforced by the Hawaiʻi Civil Rights Commission (HCRC) at (808) 586-8636. Complaints must be filed within 180 days of the discriminatory act. This protection means that a landlord cannot post a listing saying “no Section 8” or refuse to consider a voucher holder’s application without violating state law — though they may still assess whether the voucher payment plus the tenant’s contribution covers the rent requirement.

The Hawaiʻi Public Housing Authority administers the Housing Choice Voucher (HCV) program on Oʻahu. The program is funded by HUD and provides rental subsidies to low-income families, elderly individuals, and persons with disabilities. Eligible households must earn 50% or less of the HUD-established median income for the Honolulu area. Participants pay approximately 30-35% of their monthly adjusted income toward rent, and HPHA covers the remainder up to the applicable Payment Standard by zip code.

The HPHA’s HCV program covers Oʻahu only. For neighbor islands, separate county agencies administer HCV programs: the Hawaiʻi County Office of Housing on Hawaiʻi Island (808-959-4642), the Maui County Housing Division, and the Kauaʻi County Housing Agency.

HPHA manages 5,406 units of federal public housing across all islands. Public housing is open to eligible low-income households who meet income thresholds (50% of AMI or below for most programs), citizenship or eligible immigration status requirements, and pass the HPHA’s admissions review including criminal background assessment.

Hawaiʻi’s Low Income Housing Tax Credit (LIHTC) program creates affordable rental units at properties where rents are capped at levels affordable to households earning 60% of AMI or below. LIHTC properties are privately owned but operate under affordability restrictions. These

properties are spread across all islands and represent a significant portion of Hawaiʻi’s affordable rental inventory.

211 Hawaiʻi, administered by Aloha United Way, is the statewide one-stop resource for housing assistance referrals including emergency rental assistance, utility assistance, emergency shelter connections, and housing navigation across all islands. Dial 211 from any phone. HUD also lists 211 as the primary Hawaii resource entry point at https://www.hud.gov/states/hawaii.

This is informational only and not legal advice.

HRS § 515-3, as amended by Act 310 (SLH 2022) effective May 1, 2023, prohibits discriminatory housing practices based on source of income. The definition of source of income encompasses any lawful income, including housing assistance payments made under any government program. The HCRC enforces this provision and may impose civil penalties for violations.

The protection applies to most residential landlord-tenant relationships in Hawaiʻi. Owners who rent a room in their own single-family home where they also reside may be exempt under HRS § 515-5’s owner-occupant exemption. Landlords receiving HUD or state housing assistance who must comply with federal nondiscrimination requirements are covered.

HPHA establishes Payment Standards by zip code for the Oʻahu HCV program. Payment Standards represent the maximum subsidy HPHA will pay for each unit size in each geographic area. If a unit’s rent exceeds the Payment Standard, the participant may pay the difference provided it does not exceed 40% of their monthly adjusted income. Landlords who participate in the HCV program must agree to rent reasonableness standards — the HPHA will not approve a unit where the rent exceeds comparable market rents in the same area.

HUD publishes annual income limits for Hawaiʻi. The Honolulu County limits for FY2025 establish thresholds at 30%, 50%, and 80% of AMI for various household sizes, available through the Hawaiʻi Housing Finance and Development Corporation at https://dbedt.hawaii.gov/hhfdc/files/2025/05/Honolulu-County-2025.pdf. These limits determine eligibility for HCV, public housing, LIHTC, and other programs.

The Low Income Housing Tax Credit program is established under Section 42 of the Internal Revenue Code. In Hawaiʻi, LIHTC allocations are administered by the Hawaiʻi Housing Finance and Development Corporation (HHFDC). LIHTC properties serve households earning 60% of AMI or below, with rents capped accordingly. LIHTC properties are privately operated and have their own application and waitlist processes.

When an HPHA or county PHA denies an application for public housing or HCV based on any eligibility criterion, the applicant has the right to an informal hearing under 24 C.F.R. § 982.554 (HCV) or 24 C.F.R. § 960.208 (public housing). Legal Aid Society of Hawaiʻi provides representation at informal hearings.

Practitioners working with low-income clients should: (1) confirm current income relative to HUD income limits for the relevant county; (2) assess HCV and public housing eligibility and apply to waitlists when open; (3) identify LIHTC properties on the relevant island; (4) advise on source of income protections and HCRC complaint procedures; (5) connect clients with 211 Hawaiʻi for emergency assistance; and (6) connect clients with HUD-approved counselors for rental application support and financial guidance.

This is informational only and not legal advice.

Hawaiʻi’s source of income protection in housing is at HRS § 515-3, as amended by Act 310 (SLH 2022), effective May 1, 2023. The HCRC enforces HRS Chapter 515.

HCV program authority is at 42 U.S.C. § 1437f and 24 C.F.R. Part 982. HPHA administers the HCV program on Oʻahu. County agencies administer HCV on neighbor islands. Public housing is at 42 U.S.C. § 1437a and 24 C.F.R. Part 960. HPHA manages 5,406 federal public housing units statewide.

The LIHTC program is at Internal Revenue Code § 42. The Hawaiʻi Housing Finance and Development Corporation (HHFDC) administers state LIHTC allocations.

HUD FY2025 income limits for Hawaiʻi counties are published annually and govern program eligibility thresholds.

Informal hearing rights for PHA denial decisions are at 24 C.F.R. § 982.554 (HCV) and 24 C.F.R. § 960.208 (public housing).

Low income creates affordability barriers because landlords may legitimately require income sufficiency assessed consistently. Source of income discrimination — refusing to rent because income comes from a voucher or other lawful source — is prohibited under HRS Chapter 515 beginning May 1, 2023. PHAs assess income eligibility using HUD-published income limits. Subsidized programs through HPHA and county agencies have waiting lists that open periodically. LIHTC properties provide additional affordable inventory at rents capped at 60% of AMI or below.

Hawaiʻi Public Housing Authority (HPHA) Honolulu — HCV on Oʻahu; public housing statewide Phone: 808-832-5935 Website: https://hpha.hawaii.gov What it helps with: HCV program (Oʻahu), public housing (statewide), program eligibility information.

Hawaiʻi County Office of Housing Hilo — Hawaiʻi Island Phone: 808-959-4642 Website: https://www.hawaiicounty.gov/services/housing-section-8-information What it helps with: HCV program and public housing on Hawaiʻi Island.

Maui County Housing Division Wailuku — Maui Website: https://www.mauicounty.gov/2041/Housing-Choice-Voucher-Section-8-Program Phone: Phone not listed — contact through website What it helps with: HCV program on Maui.

Kauaʻi County Housing Agency Lihue — Kauaʻi Website: https://www.kauai.gov/Government/Departments-Agencies/Housing-Agency/Section-8-Rental-A ssistance Phone: Phone not listed — contact through website What it helps with: HCV program on Kauaʻi.

Hawaiian Council CNHA Housing Counseling Honolulu — statewide Phone: 808-587-0597 Website: https://www.hawaiiancouncil.org/programs/cnha-housing-counseling/ What it helps with: HUD-certified housing counseling, rental application support, income-qualification assistance.

HUD — Hawaiʻi Housing Counselors Phone: 800-569-4287 Website: https://apps.hud.gov/offices/hsg/sfh/hcc/hcs_print.cfm?searchstate=HI What it helps with: Locating all HUD-approved housing counseling agencies in Hawaiʻi.

Hawaiʻi Civil Rights Commission (HCRC) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Source of income discrimination complaints; fair housing enforcement.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Rental assistance referrals, emergency housing, utility assistance, resource connections across all islands.

Hawaiʻi Act 310 (SLH 2022) — Source of Income Prohibition https://labor.hawaii.gov/hcrc/source-of-income-discrimination-in-housing-prohibited-starting-may -1-2023/

Hawaiʻi Fair Housing Act — HRS Chapter 515 https://law.justia.com/codes/hawaii/title-28/chapter-515/

HPHA — HCV Program https://hpha.hawaii.gov/programs-and-resources/voucher-programs

HPHA — Public Housing https://hpha.hawaii.gov/programs-and-resources/public-housing

HUD — Hawaiʻi State Resources https://www.hud.gov/states/hawaii

HUD FY2025 Income Limits — Honolulu County https://dbedt.hawaii.gov/hhfdc/files/2025/05/Honolulu-County-2025.pdf

Hawaiʻi Housing Finance and Development Corporation (HHFDC) https://dbedt.hawaii.gov/hhfdc/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Hawaiʻi’s Housing Choice Voucher program is administered by four separate entities, divided by island. The Hawaiʻi Public Housing Authority (HPHA) covers Oʻahu exclusively for the HCV program, though it manages public housing statewide. The remaining three counties — Hawaiʻi County, Maui County, and Kauaʻi County — each operate their own HCV programs for their respective islands through county housing agencies.

Under the HCV program, eligible low-income households receive a voucher that allows them to rent a private market unit. The household pays approximately 30-35% of their adjusted monthly income, and the applicable PHA pays the remainder directly to the landlord up to the Payment Standard. All units must pass a Housing Quality Standards inspection before assistance begins.

Hawaiʻi Act 310 (SLH 2022), effective May 1, 2023, prohibits landlords from discriminating based on source of income — meaning a landlord cannot refuse to consider a voucher holder solely because they receive housing assistance. This is a significant protection in a market where voucher acceptance has historically been limited. Criminal history, credit, and other screening criteria still apply through the landlord’s independent screening process. This is informational only and not legal advice.

Unlike states where a single statewide housing authority administers all vouchers, Hawaiʻi’s HCV program is administered through a four-entity structure reflecting the state’s unique island geography. Understanding which agency administers the program on your island is the essential first step.

The HPHA administers the HCV program only on Oʻahu. Its program covers the entire island and establishes Payment Standards by zip code to reflect varying rent levels across Honolulu’s

diverse neighborhoods. The HPHA has a waiting list for the HCV program, and as of 2025, the waiting list has opened periodically with pre-applications submitted online.

On Hawaiʻi Island (the Big Island), the Hawaiʻi County Office of Housing administers Section 8 assistance. The County of Hawaiʻi received a specific HUD-VASH voucher allocation in recent years, demonstrating active engagement with federal housing programs. On Maui, the Maui County Housing Division administers the HCV program. On Kauaʻi, the Kauaʻi County Housing Agency administers Section 8 rental assistance.

Finding a landlord willing to accept an HCV voucher has historically been a significant barrier in Hawaiʻi, as in many high-cost markets. Hawaiʻi’s Act 310 source of income protection, effective May 1, 2023, changed the legal landscape: a landlord may no longer refuse to consider a voucher holder solely because of their participation in the housing assistance program. This applies to most private landlords in Hawaiʻi. Violations may be reported to the HCRC.

Despite this protection, the practical challenge of finding units within Payment Standards in Hawaiʻi’s high-rent market remains significant. When a unit’s rent exceeds the applicable Payment Standard, the voucher holder may pay the difference, provided the total tenant contribution does not exceed 40% of monthly adjusted income.

HCV portability provisions under 24 C.F.R. § 982.353 allow voucher holders to use their voucher outside their issuing PHA’s jurisdiction. In Hawaiʻi, this means an Oʻahu-issued HPHA voucher could potentially be ported to a neighbor island with the receiving county PHA’s cooperation, or used in a mainland PHA’s jurisdiction. Portability expands housing search options for members who need or want to relocate.

Federal regulations impose mandatory bars for lifetime sex offender registrants and for methamphetamine production on federally assisted premises. All other criminal history is subject to each PHA’s Administrative Plan. The HPHA and county housing agencies conduct criminal background checks on all adult household members. HUD guidance encourages individualized assessment rather than categorical bans. Members denied HCV or public housing based on criminal history have the right to an informal hearing.

The HPHA has implemented a lease-in-place (LIP) preference program highlighted in a Terner Center analysis as a model for improving voucher utilization. This program allows qualifying households already in a stable tenancy to use their voucher in their current unit, bypassing the

unit search process. This innovation helps address the challenge of finding participating landlords in Hawaiʻi’s competitive market.

This is informational only and not legal advice.

The HCV program is authorized under Section 8 of the United States Housing Act of 1937, 42 U.S.C. § 1437f. Federal regulations governing the HCV program are at 24 C.F.R. Part 982. Payment Standard authority is at 24 C.F.R. § 982.503. Housing Quality Standards inspections are required under 24 C.F.R. § 982.401. Portability provisions are at 24 C.F.R. § 982.353.

Mandatory criminal history bars are at 42 U.S.C. § 13663 and 24 C.F.R. § 982.553. PHA discretionary denial authority is at 24 C.F.R. § 982.552. Informal hearing rights are at 24 C.F.R. § 982.554.

HRS § 515-3, as amended by Act 310 (SLH 2022), prohibits landlords from discriminating based on source of income, including housing voucher program participation, effective May 1, 2023. The HCRC enforces this protection. Complaints must be filed within 180 days of the discriminatory act. Civil penalties may be assessed against violating landlords.

The HPHA administers the HCV program for Oʻahu only under federal contract with HUD. Each county agency on the neighbor islands operates under separate administrative agreements. This decentralized structure means that Administrative Plans, Payment Standards, waiting list procedures, and criminal history review criteria vary across islands. Practitioners and members must identify the specific PHA governing their island and obtain the relevant Administrative Plan.

Under 24 C.F.R. § 982.554, applicants denied HCV program admission must be offered an informal hearing. The hearing must be conducted by an impartial party. Legal Aid Society of Hawaiʻi provides representation at these hearings. The hearing is the member’s opportunity to present evidence and arguments against the denial.

Practitioners should: (1) identify the correct PHA for the client’s island; (2) advise on the source of income protection and HCRC complaint procedures for landlord refusals; (3) assess criminal history bars and PHA Administrative Plan standards; (4) pursue informal hearing if denial is issued; (5) advise on portability options; (6) connect clients with the HPHA’s lease-in-place preference where applicable; and (7) help clients prepare a complete application package.

This is informational only and not legal advice.

HCV program authority is at 42 U.S.C. § 1437f and 24 C.F.R. Part 982. HPHA administers HCV on Oʻahu. County agencies administer HCV on Hawaiʻi Island, Maui, and Kauaʻi.

Hawaiʻi’s source of income protection is at HRS § 515-3, as amended by Act 310 (SLH 2022), enforced by the HCRC.

Mandatory criminal history bars are at 42 U.S.C. § 13663 and 24 C.F.R. § 982.553. Discretionary denial authority is at 24 C.F.R. § 982.552. Informal hearing rights are at 24 C.F.R. § 982.554. Portability is at 24 C.F.R. § 982.353.

Voucher holders must find landlords willing to participate, units within Payment Standards, and units that pass Housing Quality Standards inspection. Act 310 prohibits landlord refusal based solely on voucher/source of income status. Criminal history bars — mandatory for lifetime sex offenders and methamphetamine producers; discretionary for others — affect program eligibility. Independent landlord screening applies and may result in denial based on credit or other criteria.

Hawaiʻi Public Housing Authority (HPHA) — Oʻahu HCV and Statewide Public Housing Honolulu Phone: 808-832-5935 Website: https://hpha.hawaii.gov What it helps with: HCV program on Oʻahu, public housing statewide, program eligibility, waiting list information.

HPHA — Apply for HCV Website: https://hpha.hawaii.gov/how-to-apply What it helps with: Online pre-application for HPHA HCV waiting list.

Hawaiʻi County Office of Housing — Hawaiʻi Island Hilo Phone: 808-959-4642 Website: https://www.hawaiicounty.gov/services/housing-section-8-information What it helps with: HCV program and public housing on Hawaiʻi Island.

Maui County Housing Division — Maui Wailuku Website: https://www.mauicounty.gov/2041/Housing-Choice-Voucher-Section-8-Program Phone: Phone not listed — contact through website What it helps with: HCV program on Maui.

Kauaʻi County Housing Agency — Kauaʻi Lihue Website: https://www.kauai.gov/Government/Departments-Agencies/Housing-Agency/Section-8-Rental-A ssistance Phone: Phone not listed — contact through website What it helps with: HCV program on Kauaʻi.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: PHA informal hearings, source of income discrimination complaints, HCV tenant rights.

Hawaiʻi Civil Rights Commission (HCRC) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Source of income discrimination complaints; fair housing enforcement.

HUD Office of Fair Housing and Equal Opportunity Phone: 800-669-9777 Website: https://www.hud.gov/program_offices/fair_housing_equal_opp What it helps with: Federal fair housing complaints involving HUD-assisted programs.

211 Hawaiʻi — Aloha United Way Statewide Phone: 211 Website: https://auw211.org What it helps with: Housing navigation, rental assistance, statewide resource referrals.

HPHA — HCV Program https://hpha.hawaii.gov/programs-and-resources/voucher-programs

HPHA — How to Apply https://hpha.hawaii.gov/how-to-apply

Hawaiʻi County — Section 8 Information https://www.hawaiicounty.gov/services/housing-section-8-information

Maui County — HCV Program https://www.mauicounty.gov/2041/Housing-Choice-Voucher-Section-8-Program

Kauaʻi County — Section 8 Rental Assistance https://www.kauai.gov/Government/Departments-Agencies/Housing-Agency/Section-8-Rental-A ssistance

Hawaiʻi Act 310 — Source of Income Protection https://labor.hawaii.gov/hcrc/source-of-income-discrimination-in-housing-prohibited-starting-may -1-2023/

42 U.S.C. § 1437f — Section 8 Authorization https://uscode.house.gov

24 C.F.R. Part 982 — HCV Regulations https://www.ecfr.gov

42 U.S.C. § 13663 — Mandatory Federal Bars https://uscode.house.gov

24 C.F.R. § 982.554 — Informal Hearing Rights https://www.ecfr.gov

Terner Center — HPHA Lease-in-Place Program Analysis https://ternercenter.berkeley.edu/blog/leaseinplace/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Veterans experiencing homelessness or housing instability in Hawaiʻi have access to a set of federally funded programs specifically designed for their population, anchored by the HUD-VASH program and the SSVF program, and delivered through dedicated nonprofit providers and the VA Pacific Islands Health Care System.

HUD-VASH combines a Housing Choice Voucher with clinical case management services provided by the VA. In Hawaiʻi, HUD-VASH is administered through the VA Pacific Islands Health Care System (VAPIHCS), headquartered at 459 Patterson Road, Honolulu, HI 96819, and coordinated with the relevant island’s PHA for the voucher subsidy. To access HUD-VASH, veterans must establish VA healthcare eligibility and be referred through the VAPIHCS Homeless Veteran Care program.

U.S.VETS Barber’s Point in Kapolei on Oʻahu is the only veteran-specific supportive housing program in Hawaiʻi. Located at 91-1039 Shangrila Street, Building 37, Kapolei, HI 96707, U.S.VETS provides on-site transitional, long-term, and permanent housing with comprehensive wraparound services. Catholic Charities Hawaiʻi administers SSVF services statewide, providing rapid rehousing and homelessness prevention assistance for very low-income veteran families. This is informational only and not legal advice.

Hawaiʻi’s unique geography and high housing costs create both challenges and opportunities for homeless veterans. The state’s active military presence, including major installations on Oʻahu, means that military and veteran culture is deeply embedded in Hawaiʻi’s communities. At the same time, the high cost of rental housing means that veterans returning to civilian life or experiencing homelessness face one of the most expensive housing markets in the nation.

Hawaiʻi’s veterans housing infrastructure is built around three pillars: the VA Pacific Islands Health Care System (VAPIHCS) providing healthcare and case management, U.S.VETS Barber’s Point providing on-island supportive housing specifically for veterans, and Catholic Charities Hawaiʻi providing SSVF rapid rehousing and prevention services statewide.

The HUD-VASH program combines HUD’s Housing Choice Voucher rental subsidy with VA clinical case management services. The program is specifically designed for chronically homeless veterans or those at greatest risk. In Hawaiʻi, VA case management for VASH participants is provided through the VAPIHCS Homeless Veteran Care program. The County of Hawaiʻi also received a specific HUD-VASH voucher allocation in recent years, expanding access to the program on the Big Island.

To access HUD-VASH, a veteran must: be verified as experiencing homelessness by HUD definition; be eligible for VA healthcare services; need the clinical services the VA provides; and agree to participate in case management. A veteran does not need to be literally on the street — those in shelters, transitional housing, or staying temporarily with others may qualify.

Veterans with other-than-honorable (OTH) discharges may still be eligible for HUD-VASH in many circumstances. A 2026 guide to veteran housing in Hawaiʻi noted that many veterans with OTH discharges are now eligible for HUD-VASH and SSVF and encouraged those veterans to contact the VA Homeless Coordinator in Honolulu to review their eligibility.

U.S.VETS Barber’s Point, located in Kalaeloa on Oʻahu (808-682-9000), is the only veteran-specific supportive housing program in Hawaiʻi. The program provides on-site transitional, long-term, and permanent housing at the Barber’s Point campus, along with comprehensive wraparound services including case management, employment support, mental health services, and substance use treatment. U.S.VETS also operates a separate program at Waiʻanae on Oʻahu’s west side. According to program documentation, U.S.VETS serves veterans and their families across Oʻahu through these two locations.

Catholic Charities Hawaiʻi administers the Supportive Services for Veteran Families (SSVF) program statewide. SSVF provides rapid rehousing assistance for homeless veteran families and homelessness prevention assistance for those at risk. Services include short-term rental assistance, security deposit assistance, utility assistance, moving cost assistance, case management, and referrals to VA and community services. SSVF serves very low-income veteran families earning 50% of AMI or below.

HUD-VASH vouchers are Housing Choice Vouchers and are subject to the same mandatory federal bars: lifetime sex offender registrants are permanently barred, as are individuals convicted of methamphetamine production on federally assisted premises. For other criminal history, the VA and administering PHA conduct individualized review. Given that many veterans experiencing homelessness may also have justice-involved histories, individualized assessment is essential and practitioners should advocate for this process rather than accepting categorical denial.

HRS Chapter 515 explicitly includes military status as a protected class in housing. Under HRS § 515-2, military status is defined to include veterans and active duty service members. This means Hawaiʻi landlords may not discriminate against a rental applicant based on their status

as a veteran or service member. This protection, combined with the source of income protection covering VASH vouchers under Act 310, provides meaningful legal protections for veteran HCV holders seeking housing in the private market.

This is informational only and not legal advice.

HUD-VASH is authorized under Section 8(o)(19) of the United States Housing Act of 1937, 42 U.S.C. § 1437f(o)(19), as amended. The program combines HUD’s Housing Choice Voucher subsidy with VA clinical case management authorized under 38 U.S.C. HCV program regulations at 24 C.F.R. Part 982 apply to VASH vouchers.

SSVF is authorized under 38 U.S.C. § 2044 and implemented through VA grants to nonprofit organizations. Eligible veteran families must have incomes at or below 50% of AMI.

VA healthcare eligibility is established under 38 U.S.C. § 1710. Veterans with other-than-honorable discharges may have restricted eligibility, which can be reviewed through a Character of Discharge determination under 38 C.F.R. Part 3.

HUD-VASH vouchers, as HCV vouchers, are subject to the mandatory criminal history bars at 42 U.S.C. § 13663 and 24 C.F.R. § 982.553: permanent bar for lifetime sex offender registrants and for methamphetamine production on federally assisted premises. All other criminal history is subject to PHA discretionary review under applicable Administrative Plans and HUD guidance encouraging individualized assessment.

HRS § 515-2 defines military status as a protected class under Hawaiʻi’s fair housing law. HRS § 515-3 prohibits discriminatory housing practices based on military status. This protection covers veterans and active duty service members, including those holding HUD-VASH vouchers. Combined with the source of income protection under Act 310, VASH voucher holders in Hawaiʻi have both income-source protection (against refusal to accept the voucher) and military status protection (against discrimination based on veteran status).

When a PHA denies HCV program admission to a veteran based on criminal history or other criteria, 24 C.F.R. § 982.554 requires an informal hearing opportunity. Legal Aid Society of Hawaiʻi provides representation at these hearings.

VASH vouchers carry HCV portability rights under 24 C.F.R. § 982.353. A veteran with a VASH voucher issued in Hawaiʻi may be able to port the voucher to a mainland PHA if they wish to relocate. The VA case management coordination must follow the veteran to the receiving PHA’s jurisdiction. Practitioners should assess whether portability would expand housing options for specific veterans.

Practitioners working with homeless veterans in Hawaiʻi should: (1) connect the veteran with VAPIHCS (1-800-214-1306) to establish VA healthcare eligibility and begin the VASH referral; (2) connect veterans needing immediate housing with U.S.VETS Barber’s Point (808-682-9000) on Oʻahu; (3) connect veterans on neighbor islands or those needing rapid rehousing with Catholic Charities Hawaiʻi for SSVF services; (4) assess criminal history eligibility for VASH and advocate for individualized review if denial is issued; (5) advise on Hawaiʻi’s military status protection under HRS Chapter 515 if landlord discrimination based on veteran status is encountered; (6) help veterans compile complete application portfolios including DD-214 and income documentation; and (7) assess Character of Discharge review eligibility for veterans with OTH discharges.

This is informational only and not legal advice.

HUD-VASH is authorized under 42 U.S.C. § 1437f(o)(19). SSVF is authorized under 38 U.S.C. § 2044. VA healthcare eligibility is at 38 U.S.C. § 1710. Character of Discharge determinations are at 38 C.F.R. Part 3.

HCV regulations at 24 C.F.R. Part 982 govern VASH voucher administration. Mandatory criminal bars are at 42 U.S.C. § 13663 and 24 C.F.R. § 982.553. Discretionary denial authority is at 24 C.F.R. § 982.552. Informal hearing rights are at 24 C.F.R. § 982.554. Portability is at 24 C.F.R. § 982.353.

Hawaiʻi Fair Housing Act, HRS Chapter 515, includes military status as a protected class at HRS § 515-2. Source of income protection is at HRS § 515-3 (Act 310, SLH 2022, effective May 1, 2023), prohibiting refusal to accept VASH vouchers based on source of income.

Veterans with HUD-VASH vouchers face the same HCV criminal history screening as any other voucher applicant, with mandatory bars for lifetime sex offender registration and methamphetamine production. Other criminal history receives individualized review under applicable Administrative Plans and HUD guidance. Landlord screening in the private market applies standard criteria, but Hawaiʻi’s military status protection and source of income protection provide legal safeguards specifically relevant to veteran voucher holders. The VA case management component of VASH can serve as an advocate for veterans facing screening barriers.

Veterans who do not qualify for VASH may access SSVF for rapid rehousing or homelessness prevention, or U.S.VETS Barber’s Point for transitional and permanent supportive housing on Oʻahu.

VA Pacific Islands Health Care System (VAPIHCS) — Homeless Veteran Care 459 Patterson Road, Honolulu, HI 96819 Phone: 1-800-214-1306 Website: https://www.va.gov/pacific-islands-health-care/ What it helps with: HUD-VASH referrals, VA healthcare eligibility, case management, mental health and substance use treatment, housing navigation for homeless veterans across all Hawaiian islands.

U.S.VETS — Barber’s Point 91-1039 Shangrila Street, Building 37, Kapolei, HI 96707 Phone: 808-682-9000 Website: https://usvets.org/locations/barbers-point/ What it helps with: On-site transitional, long-term, and permanent supportive housing for homeless veterans; comprehensive wraparound services including employment, mental health, and case management on Oʻahu.

U.S.VETS — Waiʻanae Oʻahu — west side Phone: Phone not listed — contact through U.S.VETS main website Website: https://usvets.org What it helps with: Housing and supportive services for veterans on Oʻahu’s west side.

Catholic Charities Hawaiʻi — SSVF Program Statewide Website: https://www.catholiccharitieshawaii.org/ssvf/ Phone: Phone not listed — contact through website What it helps with: Supportive Services for Veteran Families (SSVF) — rapid rehousing, homelessness prevention, rental and utility assistance, case management for very low-income veteran families statewide.

Hawaiʻi County — Veterans HUD-VASH Vouchers Hawaiʻi Island Website: https://www.hawaiicounty.gov/Home/Components/News/News/1692/720 What it helps with: HUD-VASH vouchers for veterans on Hawaiʻi Island; coordination with VA services.

DelawareHousingSearch equivalent — General Hawaiʻi Housing Search 211 Hawaiʻi — Aloha United Way Phone: 211 Website: https://auw211.org What it helps with: Veterans housing navigation, emergency shelter referrals, statewide resource connections.

Legal Aid Society of Hawaiʻi Statewide Phone: 808-536-4302 (Oʻahu) / 1-800-499-4302 (neighbor islands) Website: https://www.legalaidhawaii.org What it helps with: PHA informal hearings, military status discrimination complaints, source of income fair housing, legal assistance for veteran housing matters.

Hawaiʻi Civil Rights Commission (HCRC) Phone: 808-586-8636 Website: https://labor.hawaii.gov/hcrc/ What it helps with: Military status discrimination complaints; source of income complaints for VASH voucher holders; fair housing enforcement under HRS Chapter 515.

HUD Office of Fair Housing and Equal Opportunity Phone: 800-669-9777 Website: https://www.hud.gov/program_offices/fair_housing_equal_opp What it helps with: Federal fair housing complaints involving HUD-assisted programs and VASH voucher holders.

Hawaiʻi Public Housing Authority (HPHA) Honolulu — coordinates VASH vouchers on Oʻahu Phone: 808-832-5935 Website: https://hpha.hawaii.gov What it helps with: HCV and VASH voucher administration on Oʻahu, public housing eligibility.

VA Pacific Islands Health Care System https://www.va.gov/pacific-islands-health-care/

HUD — HUD-VASH Program https://www.hud.gov/helping-americans/housing-choice-vouchers-homeless-veterans

HUD Exchange — HUD-VASH https://www.hudexchange.info/programs/hud-vash/

VA Homeless Programs — HUD-VASH https://department.va.gov/homeless/hud-vash/

U.S.VETS — Barber’s Point https://usvets.org/locations/barbers-point/

Catholic Charities Hawaiʻi — SSVF https://www.catholiccharitieshawaii.org/ssvf/

Hawaiʻi County — HUD-VASH Vouchers https://www.hawaiicounty.gov/Home/Components/News/News/1692/720

42 U.S.C. § 1437f(o)(19) — HUD-VASH Authorization https://uscode.house.gov

38 U.S.C. § 2044 — SSVF Authorization https://uscode.house.gov

Hawaiʻi Fair Housing Act — Military Status Protection, HRS § 515-2 https://law.justia.com/codes/hawaii/title-28/chapter-515/

Hawaiʻi Act 310 — Source of Income Protection (VASH Vouchers) https://labor.hawaii.gov/hcrc/source-of-income-discrimination-in-housing-prohibited-starting-may -1-2023/

24 C.F.R. § 982.553 — HCV Mandatory Criminal History Bars https://www.ecfr.gov

24 C.F.R. § 982.554 — Informal Hearing Rights https://www.ecfr.gov

Veteran Housing Hawaiʻi — 2026 Guide https://www.hawaiiaffordable.com/blog/serving-those-who-served-the-2026-guide-to-veteran-ho using-in-hawaii/

This Atlas entry is informational infrastructure only. It is not legal advice, does not create an attorney-client relationship, does not guarantee housing approval, and should be reviewed with a qualified professional for case-specific decisions. Request a free consultation for legal advice in the Legal Node at FindSecondChance.com/legal-node-members

Hawaiʻi Housing Node Intelligence Atlas — 13 Barrier Stacks Complete.