HAR §12-46-302. Definitions

As used in this subchapter, unless the conte x t otherwise requires: "Accessible" means a housing accommodation constructed in conformity with the appropriate requirements of ANSI All7.l-1986 or the Fair Housing Accessibility Guidelines issued by the Department of Housing and Urban Development. t;6-133 ( "Age" means over the age of majority or emancipated minors. "Ancestry" means national origin; an individual's or ancestor's place of origin; or the physical, cultural, or linguistic characteristics of an ethnic group, or: (1) Marriage to or association with persons of an ancestral group; (2) Membership in or association with an organization identified with or seeking to promote the interests of an ancestral group; (3) Attendance or participation in schools, churches, temples, or mosques, generally used by persons of an ancestral group; or (4) Because an individual's name or spouse's name is associated with an ancestral group. "ANSI All?.1-1986" means the 1986 edition of the American National Standards Institute for buildings and facilities providing accessibility and usability for disabled persons. "Application" means written, oral, or telephone inquiries. "Assistance animal" means an animal that is needed to perform disability-related work, services or tasks for the benefit of a person with a disability, or is needed to provide emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance animals may include, but are not limited to, service animals, therapy animals, comfort animals or emotional support animals. Assistance animals may have formal training or may be untrained, and may include species other than dogs. "Business necessity" means a compelling and well established public purpose which also establishes that there is no reasonable alternative means of serving the same purpose with less discriminatory impact. "Commission" means the civil rights commission. ( "Common use areas" means rooms, spaces, or elements inside or outside of a housing accommodation that are made available for the use of residents or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, and passageways among and between housing accommodations. "Complainant" means any person, including a tester or associates of a person with a protected basis, who claims to have been injured by a discriminatory real estate transaction practice or who believes that such person will be injured by a discriminatory real estate transaction practice that is about to occur and files a complaint in accordance with chapter 368, HRS, with the commission. The law does not require such persons to expose themselves to the injury involved with the actual act of discrimination before filing a complaint. "Controlled substance" means any drug, substance, or immediate precursor included in schedules I through V of part II of chapter 329, HRS. "Covered multi-family housing accommodations" means buildings consisting of four or more housing accommodations, if such buildings have one or more elevators; and ground floor dwelling units in other buildings consisting of four or more housing accommodations. "Direct threat" means a significant risk of substantial harm to the health or safety of the person or others that cannot be mitigated or eliminated by a reasonable accommodation based upon an individualized assessment. The risk of harm should be identifiable, substantial, current, or probable and not a remote or speculative risk. "Disability" means having a physical or mental impairment which substantially limits one or more major life activities, having a record of such impairment, or being regarded as having such an impairment, including persons who have HIV or AIDS. The term does not include current illegal use of or ( addiction to a controlled substance, or alcohol or drug abuse that threatens the property or safety of others. "Discriminatory practice" means a practice designated as discriminatory under the terms of this subchapter. "Domiciled" means residence or physical presence at a location and the intent to remain, and includes a minor child staying in a housing accommodation on a regular basis with a parent or relative because of visitation rights granted by a court, or because of written or unwritten permission from a legal parent. "Fair Housing Accessibility Guidelines" means guidelines issued by the Department of Housing and Urban Development on March 6, 1991 to provide technical guidance on designing housing accommodations as required by the Fair Housing Amendments Act of 1988. "Familial status" means the presence of children under eighteen years old in a family, including, but not limited to, a person having custody and domiciled with a minor child or children; a person domiciled with a minor child or children who has written or unwritten permission from the legal parent, such as a hanai relationship; a person who is pregnant; or any person who is in the process of securing legal custody of a minor child or children. "Final Order" or "final decision" means an order issued by the commission in accordance with section 368-2 (b), HRS. "Hanai relationship" includes a child who is taken permanently to reside, be educated, and reared by someone other than the natural parents, traditionally a grandparent or other relative, with the written or unwritten permission of the natural parents. "Harassment" shall be as defined in section 12- 46-1. "Housing accommodation" means any improved or unimproved real property, or part thereof, which is .;6-136 ( used or occupied, or is intended, arranged, or designed to be used or occupied, as the home or residence of one or more individuals; any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families; any vacant land which is offered for sale or lease for the construction or location thereon of any building, structure, or portion thereof as the home or residence of one or more individuals; including, but not limited to, houses, apartments, town houses, mobile home parks, trailer courts, condominiums, cooperatives, and time-sharing properties. "Legitimate nondiscriminatory reason" means a bona fide and compelling justification for a practice, policy, or action established by objective proof or evidence, related to housing and applied equally to all applicants, which standing alone would have resulted in the same practice, policy, or action. "Limitation" or "limit" includes actions which exclude individuals or persons or result in creating a preference for an individual or person. "National origin" refers to ancestry and may include the national origin of an ancestor. "Person" means an individual, corporation, firm, association, society, community, assembly, inhabitant of a district or neighborhood, person known and unknown, the public generally, legal representative, partnership, receiver, trust, trustee, trustee in bankruptcy, the State, or any governmental entity or agency, labor organization, mutual aid company, joint stock company, unincorporated organization, management company, tenant association, fair housing organization, or fiduciary. "Protected basis" means any category listed in sections 368-1. 5, 378-2 (a) (1), 489-3 or 515-3, HRS. "Public use areas" means interior or exterior rooms or spaces of a housing accommodation that are made available to the general public. Public use may ~6-137 ( be provided at a housing accommodation that is privately or publicly owned. "Real estate broker or salesperson" means a person, whether licensed or not, who, for or with the expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real property; or who negotiates or attempts to negotiate any of these activities; or who purports to be engaged in these activities; or who negotiates or attempts to negotiate a loan secured or to be secured by a mortgage or other encumbrance upon real property; or who is engaged in the business of listing real property in a publication; or a person employed by or acting on behalf of any of these. "Real estate transaction" means the advertising, sale, exchange, rental, lease, management, or use of real property, including, but not limited to, any actions related to real property after the advertising, sale, exchange, rental, or lease; the cancellation or termination of a sale, exchange, rental, or lease of real property; and the imposition of rules, policies, and practices affecting the terms, conditions, enjoyment, and privileges of using real property. It does not include commercial property that is advertised, sold, exchanged, rented, leased, managed, or used for the purposes of operating a business. "Real property" means buildings, dwelling units, structures, real estate, lands, tenements, leaseholds, interest in real estate cooperatives, condominiums, mobile home parks, and hereditaments, corporeal and incorporeal, or any interest therein. "Real property transaction" means real estate transaction as the term is used in this subchapter. "Reasonable assurance" means actions or promises which establish that certain other actions will be taken in the future; provided that the reasonableness of an assurance shall be examined by giving due consideration to the needs of a reasonable prudent person in the same or similar circumstances. ~6-138 ( "Reasonable restriction" shall not include any restriction, prohibition, policy, practice, or rule that allows any owner or person to refuse to negotiate or refuse to engage in a real estate transaction because of another person's protected basis or to commit a discriminatory practice prohibited under this subchapter; provided that the reasonableness of a restriction shall be examined by giving due consideration to the needs of a reasonable prudent person in the same or similar circumstances. "Religious institution" means any religious institution or organization, or any charitable or educational organization operated, supervised, or controlled by a religious institution or organization, which does not restrict membership to persons on the basis of race, color, or ancestry. "Respondent" means any person, owner of real property, real estate broker, or salesperson, against whom a complaint or petition has been filed with the commission; the party against whom relief is sought; or any party who contests or controverts a proceeding or petition. "Steering" means the practice of directing persons who seek to enter into a real estate transaction toward or away from real property in order to deprive them of the benefits of living in a discrimination-free environment, and actions designed to discourage persons from seeking housing in a particular community, neighborhood, development, housing accommodation, or part thereof. "Tester" means any person seeking to engage in a real estate transaction, regardless of the person's actual intent to engage in such a transaction, who has been subject to discriminatory practices in real estate transactions because of a protected basis, and tenant associations or fair housing organizations whose members include such persons. [Eff 10/15/93; am 5/3/99; am 10/6/13; am and comp ) (Auth: HRS §§368-3, 515-9 (7)) (Imp: HRS §§515-2, 515- 3, 515-8, 515-9) t;6-139 r (