Hawaii state has various laws regarding the use of rental applications. If your document is not compliant with HI law, you may get sued by the applicant and face legal consequences.
Application Fee
There is no limit in terms of what application fee can be charged by Hawaii landlords. Furthermore, the application fee is non-refundable regardless of its amount.
Security Deposit
Under Hawaii law (§ 521-44), landlords cannot charge more than 1 months’ rent plus 1 month for a pet, if applicable. The deposit must be returned to the tenant within 14 days of the date they vacate the property, minus any deductions (if applicable).
Housing Discrimination Law
In Hawaii, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on a HI Rental Application form, nor to include them in the decision-making process.
Notice of Eligibility
Tenants must be told about any specific screening criteria, as well as the reasons that they could be denied or approved by the landlord. To show that this information has been shared, a signature of acknowledgment from the tenant is required.
Consent Credit Check
Within Hawaii, federal law is in effect that requires potential renters to provide written consent for a credit history check during the application process. This is known as the Federal Credit Reporting Act (FCRA).