HAR §12-46-312
HAR §12-46-312. Restrictive covenants and conditions
Cite as Haw. Code R. § 12-46-312
(a)
Every provision in an oral agreement or a written
instrument relating to real property which purports to
forbid or restrict the conveyance, encumbrance,
occupancy, use, or lease thereof to individuals
because of their protected basis is void.
(b)
Every condition, restriction, or
prohibition, including a right of entry or possibility
46-155
(
of reverter, which directly or indirectly limits the
use or occupancy of real property because of a
protected basis is void, except a limitation, on the
basis of religion, in the use of real property held by
a religious institution and used for religious or
charitable purposes.
(c)
It is a discriminatory practice to insert in
a written instrument relating to real property a
provision that is void under this section or to honor
such a provision in the chain of title.
[Eff
10/15/93; comp
]
(Auth: HRS §§368-3,
515-9(7))
(Imp: HRS §515-6)